If you have received a removal order, you cannot legally remain in Canada and must leave the country. It is important to explore your appeal options immediately because you only have 30 days to appeal the decision. Speak with an experienced immigration attorney today.
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If you have received a removal order from Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), you cannot legally remain in Canada and must leave the country.
In some cases, you may be able to appeal to the Immigration Appeal Division (IAD) within 30 days of receiving your removal order.
To appeal a removal order, you must be:
- a permanent resident of Canada.
- a foreign national with a permanent resident visa, or.
- a Convention Refugee or Protected Person
You cannot appeal to the IAD if you have been found inadmissible to Canada for any of the following reasons:
In some cases, you may be able to appeal to the Immigration Appeal Division (IAD) within 30 days of receiving your removal order.
To appeal a removal order, you must be:
- A serious criminal offence.
- Involvement in organized crime.
- Security reasons
- Violations of human or international rights
- Misrepresentation (excluding sponsor's spouse, partner or children)
In any case, you must meet all other admissibility requirements.
There are three different kinds of removal orders. From least to most severe they are:
DEPARTURE ORDER
With a departure order, you must leave Canada within 30 days after the order takes effect.
You may be able to return to Canada in the future if you comply with the removal order and confirm your departure with the Canada Border Services Agency (CBSA) at your port of exit.
If you leave Canada after 30 days or do not confirm your departure with the CBSA, your Departure Order will automatically turn into a Deportation Order. This means it becomes more severe, and you will need to obtain an Authorization to Return to Canada (ARC) if you want to re-enter Canada.
EXCLUSION ORDER
With an exclusion order, you cannot return to Canada for one year.
If you comply with the exclusion order within the deadline it sets and confirm your departure with the Canada Border Services Agency (CBSA) at your port of exit, you will receive a Certificate of Departure. If you receive a Certificate of Departure and twelve months pass, you do not need an Authorization to Return to Canada (ARC).
If you do not receive a Certificate of Departure or wish to return within 12 months, you will need an ARC.
It is important to note that if the exclusion order was issued while you were within Canada, the exclusion period begins from the date you leave the country. If the exclusion order was issued while you were outside of Canada, the exclusion order begins from the date on the exclusion order.
If an exclusion order was issued for misrepresentation, you cannot return to Canada for five years.
If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.
DEPORTATION ORDER
With a deportation order, you are theoretically barred from returning to Canada and cannot return unless you apply for an Authorization to Return to Canada (ARC).
If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.
How do start a removal order appeal
The IAD may give you one of the following decisions on your removal order appeal:
- Your appeal could be granted, and you may remain in Canada.
- Your appeal may be rejected, in which case the CBSA may proceed to remove you from Canada..
- In some cases, the IAD may stay the removal order instead of making a decision to grant or reject the appeal. This means you can temporarily stay in Canada until a decision is made by IAD.
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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.