Immigration Removal Orders (18:VIII)
There are three types of removal orders: (i.) departure orders, (ii.) exclusion orders, and (iii.) deportation orders (IRP Regulations, Part 13). The IRPA sets out certain types of removal orders that are associated with certain offences created under IRPA. For example, if a foreign national is determined inadmissible for having committed a serious criminal offence, the foreign national will automatically receive a deportation order. Similarly, if a foreign national has worked without a Work Permit and without authorization, the foreign national will be issued an exclusion order. Removal orders vary in seriousness and repercussion. However, officers retain a measure of discretion in deciding whether to issue an exclusion order, restrict entry or allow entry for examination. See Operational Manual ENF 6 and ENF 10 for more details.
Removal orders can also be stayed, either by asking CBSA to defer the removal, or by applying for a stay to the Federal Court pending determination of a judicial review or H&C application. If a client is at the point of the process, students need to refer them to a lawyer.
A. Departure Order
A departure order requires the individual to leave Canada “voluntarily” within 30 days. The person may be required to sign a “certificate of departure” at the Port of Entry (i.e. border or airport) when leaving. If a person under a departure order legitimately leaves Canada, he or she may return to Canada at any time without any specific permission from the Minister, so long as they meet requirements of the IRPA.
- NOTE: If a person under a departure order does not leave Canada within 30 days of the order coming into effect, the departure order becomes a deportation order. Clinicians should NOT do this time calculation for the client, but should instead direct the client to request the exact date from CBSA.
B. Exclusion Order
Under an exclusion order, the individual must leave Canada, and cannot re-enter Canada for one year without consent from the Minister in the form of an Authorization to Return to Canada (an “ARC” under s 52 of the IRP Regulations). If the ground of inadmissibility is misrepresentation under s 40(2)(a) of the IRPA, an ARC will be required for five years from the date of departure or removal. After the period of inadmissibility has passed, the person can apply to re-enter Canada so long as they meet the requirements of the IRPA.
C. Deportation Order
A deportation order is the most serious type of removal order. A person under a deportation order is generally removed, but in some circumstances, may leave voluntarily. A person removed on a deportation order can never return to Canada unless they obtain authorization from the Minister (See IRP Regulations, s 226(1)); this is also known as an “Authorization to Return to Canada”, or “ARC”).
If a person who has been removed from Canada by CIC wishes to return to Canada, and is permitted to do so, they must pay a fee.
- NOTE: If a person, who has been removed from Canada under a deportation order or an exclusion order that is still in effect, returns to Canada without permission from the Minister, that person can be charged with offences under s 124 of the IRPA.
|© Copyright 2017, The Greater Vancouver Law Students' Legal Advice Society.|