A removal order is the immigration system’s most serious tool. It may come after a criminal conviction, a finding of misrepresentation, an expired permit, or time spent abroad. Some people in Brampton receive one in a short meeting at a government office and leave without fully understanding what it says. They think of it as a warning letter or assume they have months to deal with it, and in some cases neither assumption is true.
What you can do depends on three things: what type of order it is, your status when it was made, and the reason behind it. A permanent resident with an appeal right is in a very different position from a visitor without one. Deadlines can be as short as 15 days, and in some circumstances an order can take effect on the day it is made.
Treat this as a general orientation and not as legal advice. Enforcement practices and rules can change, and the steps that make sense depend on your file. Anyone with a removal order should see a lawyer as soon as they can.
How a Removal Order Comes About
Most orders begin with an officer’s report under section 44 of the Immigration and Refugee Protection Act. An officer who believes that someone in Canada is inadmissible may write a report setting out the facts. The Minister’s delegate reviews it and, if it is considered well-founded, may do one of two things:
- Issue the removal order directly, which is possible in prescribed situations, such as many cases involving foreign nationals and permanent residents who have failed the residency obligation
- Refer the case to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing
The grounds for inadmissibility cover a wide range of subjects, including criminality, misrepresentation, non-compliance with the Act (such as overstaying or working without authorization), and failure to meet the residency obligation.
A report itself is not a removal order. Officers can have some discretion about whether to write or refer one, depending on the ground, so a permanent resident who receives notice of a possible report may be able to make written submissions before that decision. This is often an underused opportunity. Explaining your family, your work in Brampton, and the circumstances of what happened can be worth doing, even though there is no guarantee that the officer will accept it. Do it with legal help where possible, because anything you write can be used later.
The Three Types of Order
The kind of order matters as much as the fact of having one.
Departure order. You must leave Canada and confirm your departure with the Canada Border Services Agency within 30 days after the order becomes enforceable. If you do so, you are generally free to apply to return later without needing special permission. If you do not, the order automatically turns into a deportation order. This is a harsh trap for people who leave without confirming their departure, or who simply wait too long. Time is suspended in limited situations, such as detention or a stay.
Exclusion order. You may not return for one year after the order is enforced without written authorization. If the order is based on misrepresentation, the period is five years.
Deportation order. You may not return at any time without written authorization, called an Authorization to Return to Canada, or ARC. A deportation order is permanent in the sense that it does not expire. The ARC is discretionary, and you need to apply and explain why you should be allowed back.
Read your order to see which type you have. If the wording is unclear, ask a lawyer. If you have a departure order and decide to leave, make sure that your departure is confirmed at the airport or border, and keep the certificate. That single piece of paper can spare you from a permanent bar.
When an Order Takes Effect
Section 49 sets out when an order comes into force. In general terms, it comes into force:
- On the day it is made, if there is no right to appeal
- The day after the appeal period ends, if there is a right to appeal and no appeal is filed
- On the day of a final decision confirming the order, if an appeal is made
Refugee claimants have a separate set of rules. Their orders are conditional and come into force at different times depending on how the claim ends.
Under section 48, an enforceable order requires the person to leave immediately, and it must be enforced as soon as possible. For a permanent resident, there is another crucial consequence. Under paragraph 46(1)(c), a person loses permanent resident status when a removal order against them comes into force. Filing an appeal on time keeps the order from coming into force, and that protects your status for the time being.
Who Can Appeal
Section 63 gives a right of appeal to the Immigration Appeal Division, or IAD, to:
- Permanent residents
- Protected persons
- Foreign nationals who hold a permanent resident visa
Other foreign nationals, including most visitors, students, and workers, cannot appeal a removal order to the IAD. For them, the usual route is the Federal Court.
Section 64 takes away the appeal right in serious cases, including inadmissibility for security, human or international rights violations, organized criminality, or serious criminality. For serious criminality, this bar applies when the crime was punished in Canada by a term of imprisonment of at least six months, or when it falls under paragraph 36(1)(b) or (c), such as a foreign conviction that would equal a Canadian offence with a maximum of 10 years or more.
The six-month line shows why it’s so important to consider immigration consequences before sentencing. A sentence that looks acceptable in a criminal courtroom may end someone’s right to appeal. If you have a charge in Peel and you are not a citizen, make sure your criminal lawyer knows about your status before any plea is entered.
The 30-Day Deadline
The IAD’s rules generally require the notice of appeal to be received within 30 days after you receive the removal order. If the order was made at an Immigration Division hearing, the notice can also be given to the member at the end of the hearing. Don’t wait for the last day. The IAD needs to receive it within the time limit, and it isn’t enough to have mailed it.
Residency decisions made outside Canada have a 60-day deadline, but that is a different type of appeal. If you are in Canada and the order was made here, assume it’s 30 days until you have confirmed otherwise.
What the IAD Can Do
An appeal to the IAD is a real hearing, usually with witnesses, and it may take place by video. The tribunal can decide that the order is wrong in law or fact, or that a principle of natural justice was not respected.
For most appellants, the most important power is discretionary. Section 67 lets the IAD allow an appeal, and section 68 lets it stay a removal order, where humanitarian and compassionate considerations warrant special relief in light of all the circumstances, taking into account the best interests of a child directly affected. A few situations limit this power, so check with your lawyer whether it is available to you.
The factors the IAD usually considers include:
- The seriousness of the offence or the conduct leading to the order
- Signs of remorse and rehabilitation
- How long you have lived in Canada and how established you are
- Your family in Canada and the effect of removal on them
- Community support, employment, and contribution
- The hardship you would experience in the country you would be sent to
Think of the hearing as a chance to give the full picture. A hypothetical permanent resident who has lived in Brampton for 20 years, who has steady work, children in local schools, and a completed treatment program can present evidence of each of those things. Bring letters from employers, teachers, counsellors, and family members who can attend and speak for themselves. You should be honest about what you did. Minimizing an offence in front of the tribunal can hurt your case more than the offence itself.
A successful appeal can result in the order being set aside, or in a stay. A stay means that the order remains on hold while you follow conditions, such as reporting to the CBSA, keeping the peace, and keeping your address up to date. The IAD can review the stay later and may cancel it or allow the appeal. A person who breaks those conditions, or who is convicted of a further serious offence, can lose the stay. Treat those conditions as seriously as a court order, because in effect they are the terms of your staying in Canada.
If You Cannot Appeal
No IAD appeal doesn’t mean no options. Depending on the file, you might consider the following.
Federal Court judicial review. You may be able to ask the Court to review the order or a related decision. Under section 72, the deadline is 15 days for a matter in Canada. Filing does not normally stop removal.
A motion to stay removal. If a removal date has been set, a Federal Court judge may be asked to stop it for now. It requires an underlying court case, along with proof of a serious issue, irreparable harm, and a favourable balance of convenience. This work is urgent by nature.
Asking the CBSA to defer removal. An enforcement officer has limited discretion to defer removal for a short time, for example, for a child’s school term or a medical issue. A deferral request needs documents, and it often has to be made quickly.
Pre-removal risk assessment. If you fear returning, a PRRA may be available. There can be a bar of 12 months after a refused or abandoned refugee claim, and other limits apply. Removal is stayed during certain PRRA applications but not all of them.
Humanitarian and compassionate application. This can be filed in some situations. As explained by IRCC, it doesn’t stop your removal unless and until a stage of approval has been reached.
Regulatory stays. The Minister may impose a stay on removals to a particular country or place where conditions pose a generalized risk to the civilian population. Those lists change, so check the current situation with the CBSA or IRCC.
Dealing With the CBSA
People under an order are often asked to attend interviews or report regularly. Go to every appointment. If you can’t attend, have your lawyer write ahead of time with a reason and proof. Missing an appointment can lead to a warrant, and a warrant can lead to detention.
Bring your documents, give truthful answers, and ask for copies of whatever you sign. Don’t sign anything you don’t understand. If a document asks you to agree to leave voluntarily or give up your status, ask for time to get legal advice. If you are detained, ask to speak with a lawyer right away. The Immigration Division has to review detention regularly, and bail-type release may be possible with a suitable bondsperson.
Keep your contact information current. Tell the CBSA, the IRB, and your lawyer when you move. A letter sent to an old apartment in Brampton won’t excuse a missed interview.
What to Do This Week
If you have just received an order, take these steps first:
- Write down the date you received it and calculate 15 and 30 days from then.
- Gather the order, the section 44 report, and any notes or letters from the CBSA.
- Collect passports, PR card, and any court documents.
- Make a list of your family in Canada, your work history, and how long you have been here.
- Arrange to meet a lawyer, and bring everything with you.
Our immigration law page describes this kind of work, and we can be reached through the contact page. Nobody can responsibly promise you what the IAD or a judge will decide. But the people who have the most options are generally those who act in the first few days after the order, and that’s within your control.