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Deportation / Removal Orders

Have you been issued an Immigration Removal Order?

Types of Removal Orders and their Consequences

  1. Departure Order 
  2. Exclusion Order 
  3. Deportation Order 

Removal Orders may arise in the following circumstances:

  1. The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and so issues an Order
  2. A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination, or
  3. An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim

If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences to your present time in Canada and any future time, and whether you can challenge the decision. In all cases, time is of the essence.

Types of Removal Orders and their Consequences

1. Departure Orders

Departure orders carry the least consequences. You may be given a departure order for a variety of reasons. For example, you may receive a departure order if you lose your permanent residence status and any appeals you made were refused.  A departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. For Refugee/Protected Person claimants, a “conditional departure order” will be issued upon making a claim. Where the refugee claim fails (as well as any appeals that were made), the conditional departure order becomes enforceable. If the claimant does not leave Canada within the 30 days and/or does not inform CBSA of departure from the country, in nearly all cases the departure order will become a deportation order.

2. Exclusion Orders

Similar to Departure orders, an exclusion order requires the foreign national to leave Canada, confirming departure with the CBSA on exit from the country. However, exclusion orders include a time period for which a foreign national is barred from entering Canada. Depending upon the reasons for which the exclusion order was issued, the foreign national will be barred from making an application to return to Canada for one to five years. Exclusion orders can be issued by CBSA officers at a port of entry and as a consequence of a hearing at the Immigration and Refugee Board. Exclusion orders can be issued for violating immigration law, for example, arriving to Canada without a proper visa, overstaying after the expiration of a visa or working and/or studying without proper authorization. These breaches often result in exclusion orders for a time period of one year. However, where a misrepresentation finding is made, the ban from entering Canada is for five years among other consequences.

It is important to note that if the exclusion order is made within Canada, the exclusion period begins from the date the foreign national leaves the country whereas if the exclusion order is made from outside Canada, the exclusion order begins from the date on the exclusion order. If a foreign national seeks to return to Canada during the restricted period an application for “Authorization to Return to Canada” (ARC) is required. For more information on ARCs, click here.

*NOTE* Prior to November 2014, an exclusion order made on the grounds of misrepresentation would hold a penalty of 2 years as opposed to 5.

3. Deportation Orders

Deportation orders carries lasting consequences. Deportation orders often rise when a departure order is issued but the foreign national does not leave within 30 days of the Order and/or does not inform CBSA of voluntary departure. Where a deportation order is made, the foreign national is barred permanently from entering Canada. A foreign national or an impending permanent resident will require an “Authorization to Re-Enter Canada” (ARC) to return to Canada. For more information on ARCs, click here.

Bellissimo Law Group PC has extensive experience with representing individuals facing removal. We are familiar with the legal processes and these case can be extremely complex and any response must be comprehensive, concise and compelling.  Please contact us today to find out your options!

What Happens if You Fail to Appear for Removal?

Removal Orders, in all cases, require that you leave Canada. If you fail to appear for a removal interview or fail to appear on the removal date, CBSA will issue a Canada-wide warrant for your arrest. Once CBSA has arrested you, they may detain you in a holding facility or provincial correctional facility before removal. CBSA may also assign an officer to accompany you on your departure to ensure that you leave Canada. If you leave Canada under a Departure order or an Exclusion order (and the time period for which you are barred from Canada has elapsed), you may be eligible to apply to return to Canada. However, please note that you must ensure that you are not inadmissible under other grounds (criminality, security concerns etc.)

Reasons for Delays

There are several reasons for which a delay may occur in the enforcement of a removal order.

1. Challenges Removal Orders

Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.

Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organised criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality (a crime that holds a maximum sentence of 10 years or more) and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada. For more information on the Federal Court, click here.

Foreign Nationals may not appeal their Removal Orders to the IAD. However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.

2. Pre-Removal Risk Assessment Applications

If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal. If you are eligible for a PRRA, a removal generally cannot proceed until a final decision has been rendered on this application.

3. Travel Documents/Identity

The CBSA may need documents (passports, travel documents etc.) that will allow you to enter the country to which you are being removed to. Similarly, the CBSA may have trouble confirming the identity or citizenship of the individual being removed.

4. Administrative Deferral of Removals (ADR)

An ADR serves as a temporary tool to defer a removal in situations where the country to which an individual will be removed to is suffering from a humanitarian crisis. The ADR does not adhere to individualized risk but rather country wide risk. Once the country stabilizes, the ADR can be lifted and CBSA will enforce removal orders. An individual who is inadmissible for criminality, international or human rights violations, organized crime or security can still be removed despite the ADR. An ADR status currently applies for the following countries: Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela and Haiti.

5. Temporary Suspension of Removals (TSR)

Similar to an ADR, a removal order may be suspended where the country to which an individual is being removed to is subject to a risk that threatens the entire civilian population. This can include an armed conflict or an environmental disaster or other events that interrupts typical living conditions. Like an ADR, an individual who is inadmissible for criminality, international or human rights violations, organized crime or security can still be removed regardless of a TSR. A TSR currently applies for Afghanistan, the Democratic Republic of Congo and Iraq.

*NOTE* – If your removal order is suspended because of an ADR or TSR, you may be able to apply for a work permit or a study permit.

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What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
Omid Rezaee
16:00 12 Aug 19