What Is a Removal Order?

In the world of immigration, one of the last terms any new citizen or prospective citizen wants to hear is removal order. A removal order is issued by the Canadian Border Services Agency when someone is in breach of the Immigration and Refugee Protection Act. There are actually three different types of removal order, each one with a different set of consequences. No one can be completely removed from Canada if an immigration appeal is underway and has yet to be decided, if they are in need of protection or if they’re part of another legal proceeding.

There are three different types of removal orders that officers may issue. One is a departure order, which requires a person to leave the country within 30 days after the order is enforceable. The second type of removal order is an exclusion order. Someone who is sent out of Canada on an exclusion order can’t return for at least one year, unless they get written permission from the Canadian Border Services Agency. That number is increased to two years if the exclusion order was issued for misrepresentation. A deportation order is the most serious, and means that the person can never return to Canada unless written permission is granted. In some removal order cases, the Border Services Agency will escort the person right out of the country, or get help from the RCMP to carry out the order.

Anyone who has been issued a removal order but has a permanent resident visa, or is a protected person for some other reason can go to the Immigration Appeal Division to appeal the order. If the immigration appeal overturns the order, they will be able to stay. However, not everyone can go through the immigration appeal process. If a person has been deemed a security threat, violated international or human rights, been involved in organized crime or received a sentence of at least two years for criminal activity, they are ineligible to appeal the removal order. If an immigration appeal is rejected, the Federal court may become involved.

Sometimes, enforcement of a removal order may be delayed. Reasons for a delay may include immigration appeal, a claim for protection, inability to confirm identity, temporary suspension of removal, inability to secure travel documents for another country or if the person fails to appear at the hearing. If the Canadian Border Services Agency feels someone is a threat to himself or herself or anyone else, they may be detained. After that, a detention review must be given within 48 hours. The detention review goes over the reasons for the detention to determine if they were legitimate or not.

At the detention review, the officers have to provide sound justification to continue the detention, or the person will be released with or without conditions. Generally, anyone who has a criminal record or is perceived as dangerous will not just be allowed to walk out without restrictions or an escort to the border. Most detention reviews before the Immigration Division are open for the public to view.

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