Removal Order is a government originated order which requires a person to exit Canada due to specific reasons. There may be many reasons why a Removal Order is issued against a person such as:
- The Removal Orders may be issued by the Immigration Appeals Division or the Immigration Division after a hearing takes place;
- A Removal Order may be issued by an official of Canada Border Services Agency (CBSA) post an examination;
- A Removal Order may be issued for a person who has submitted a refugee claim which may come into effect after the claim is refused
If you happen to receive a Removal Orders, it is essential to understand the type of Removal Orders you have received and its legal implications. Since removal orders are time sensitive, you will need to consider your options for challenging the decision and staying in Canada.
What are the various kinds of Removal Orders and their consequences?
There are three types of Removal Orders such as:
If you have received a departure order, you will need to leave Canada in 30 days and confirm the CBSA when you exit the country. In a circumstance, if a person receiving the order fails to exit Canada in the specified 30 days, the departure order becomes a deportation order.
If you have received an exclusion order, you will need to exit Canada and inform the CBSA upon your exit. You will also not be allowed to make an application for entering Canada for a period of one – to five years.
If a deportation order has been received, you will need to exit Canada immediately and confirm the CBSA when you exit the country. In case, the person does not update CBSA while exiting, CBSA will make arrangements for your deportation from Canada. In all future circumstances, if you wish to enter Canada, an “Authorization to Re-enter Canada (ARC) will be mandatory.
Receiving a Removal Orders means that leaving Canada is mandatory. If you are apprehensive and afraid of returning to your country of residence or nationality, different options are available. You can make an application to have your risks thoroughly assessed before you exit Canada. This risk assessment process is known as the Pre-Removal Risk Assessment (PRRA).
Can I Challenge the Removal Orders I received?
Permanent Residents have a right to appeal to the Immigration Appeals Division for the Removal Orders received by them.
The reason for issuance of the Removal Orders is of prime consideration in seeing if the right of appeal is available. Not, all permanent residents possess the right of appeal.
The right of appeal is not available to permanent residents who have been deemed inadmissible for crimes against humanity, espionage, organized criminality and more severe security issues. It is also not available if a person has received a sentence for more than six months in Canada and found inadmissible for serious criminality. In this case, the person has the right to challenge the decision in the Federal Court of Canada.
Foreign nationals can challenge the Removal Orders to the Federal Court of Canada but cannot appeal their Removal Orders to the Immigration Appeals Division.
We can Help
The well-informed immigration lawyers and Regulated Canadian Immigration Consultants(RCICs) at Nanda & Associate Lawyers will assist you in all matters regarding Removal Orders. If being inadmissible restrains you from entering or remaining in Canada, connect with us to discuss the 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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