Non-citizens residing in Canada can be issued three different kinds of removal orders. Each one of them has distinct legal implications for the non-citizens.
What are the Different Types of Removal Orders?
There are many kinds of removal orders which can be issued to non-citizens of Canada. They are outlined as below:
- Deportation Order – When a non-citizen receives a Deportation Order, they are removed from Canada immediately. They are arrested by the Canada Border Service Agency officials and barred from entering Canada permanently.
- Exclusion Order – On receipt of an Exclusion Order, the non-citizen is barred from entering Canada for a specified time period which is generally one to two years.
- Departure Order – When a non-citizen of Canada receives a Departure Order, the person has to leave Canada voluntarily in the time-period of 30 days. If they fail to do so, the Departure Order becomes a Deportation Order.
When Can You Receive a Removal Order?
Removal Orders can be issued in a variety of circumstances. Few of them are noted below:
- Asylum and Refugee Claimants whose claims have been rejected
- Visitor Visa holder who have violated their Visa terms or overstayed in Canada
- Foreign nationals whose Permanent Residency Applications have been rejected from inside Canada
- Permanent Residents who have been convicted of criminal offences
Can You Appeal Against A Removal Order?
Permanent Residents can appeal to the Immigration Appeals Division (IAD) for the removal orders they receive.
In many cases, the removal order is stayed and not withdrawn or allowed. Getting a stay on a removal order means that the removal order will not be enforced for a specified period with certain attached conditions such as:
- Maintaining good behavior and peace;
- Consistent reporting should be done to the CBSA;
- Sufficient and reasonable efforts need to be made to secure full-time employment
After the end of the court-mandated time period, the appeal on the removal order is re-evaluated. The court may then decide to dismiss, allow the appeal or extend the stay on the appeal.
Another option is to obtain a stay on the removal order. Here a motion can be submitted to the Federal Court who orders a stay on order. The Federal Court can order a temporary stay on many grounds such as the non-citizen of Canada may be involved in an ongoing local judicial process or is awaiting a decision on their permanent resident application or returning to their country of citizenship may involve serious harm to them.
We can Help
The well-informed immigration lawyers and consultants at Nanda & Associate Lawyers will assist you in all matters regarding stay removal. If you have received a removal order, which bars you from remaining in Canada, connect with us to discuss the possible options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.
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