When someone is declared inadmissible to Canada, a removal order is issued, however the person receiving the order has the ability to challenge the judgement. Read on to learn more about the appeals procedure for removal orders.
If you are found to be inadmissible to Canada, you may be issued one of three types of removal orders.
Removal orders are classified into three sorts.
A departure order is the first and least “serious” sort of removal order. The inadmissible party must leave Canada within 30 days of the departure order entering effect under this form of removal order. They must also notify CBSA of their departure at their port of departure. This is the least severe of the three removal orders since it contains a provision stating that “if [the individual] departs Canada and [follows] these procedures, [they] may return to Canada in the future [if they] fulfil the entrance criteria at that time.
Note: A departure order becomes a deportation order if the person does not leave Canada within 30 days or does not properly acknowledge their departure with CBSA. If the individual wishes to return to Canada in the future, an Authorization to Return to Canada (ARC) must be acquired.
An exclusion order, the second most severe sort of removal order, prohibits re-entry to Canada for one year. This term is extended to five years if the order was issued owing to any type of misrepresentation. If they file for an ARC, recipients of this order may be able to return to Canada in less than a year. Furthermore, an important provision of exclusion orders is that if the CBSA paid for the individual’s deportation, they must refund that amount.
Deportation orders are the most severe sort of removal order and prevent the subject from returning to Canada unless they file for an ARC. Similarly to the exclusion order condition, the individual being deported must refund any removal charges previously paid for by the CBSA, and in this situation, payback of this fee is required before being able to return to Canada at all.
The use of removal orders is not the last resort.
Despite obtaining a removal order, it’s crucial to realise that one’s adventure in Canada is not over just because they are told to leave.
In other words, individuals who get removal orders have the ability to challenge the judgement, however the procedure varies significantly based on the specifics of each case.
Case 1: Contesting a removal order issued during an inspection
If a foreign national wants to challenge the ruling, they must submit their notice of appeal to the Division together with the removal order if they are a Canadian permanent resident or protected person.
The Immigration Appeal Division must receive both the notice of appeal and the removal order within 30 days of receiving the removal order.
The Immigration Minister must then create an appeal record that includes the following information after receiving the notice of appeal and the removal order from the Appeal Division without delay.
- A table of contents
- The removal order
- Any relevant document(s) pertaining to the removal order or to an issue in the appeal
- A description of the reasons behind the Minister’s decision to make the removal order
The appeal record must now be given by the Minister to the person making the appeal as well as the Immigration Appeal Division. At the same time, the Immigration Minister is required to give the Immigration Appeal Division a written explanation of how and when the appealant received the appeal record.
Note: The procedure outlined in the preceding paragraph must be finished 45 days after the Minister received the notice of appeal.
If the appeal is not received by the Immigration Appeal Division within 45 days, they may ask the Minister to provide justification for why the appeal record was not delivered on time and why it should be accepted after the deadline. A hearing may also be scheduled and opened by the Appeal Division without (or with only a portion of) the appeal record.
Situation 2: Contesting a removal decision that was issued during an admissibility hearing
If they submit their notice of appeal at the conclusion of their hearing, any foreign individual who has a permanent residence visa, is a Canadian permanent resident, or is a protected person, may do so in this case. The removal order and the notice of appeal may be delivered in person to the Immigration Division official who issued the removal order, or they may be sent directly to the Immigration Appeal Division.
Currently, in situations that fall under the first bullet point above, it is the Immigration Division’s responsibility to promptly forward the submitted notification to the Immigration Appeal Division.
The removal order and the notice of appeal, if sent directly to the Immigration Appeal Division, must be received within 30 days of the foreign national receiving the removal order. The Immigration Appeal Division must send the notification to the Immigration Division without delay, just like in the previous situation (by hand).
The Immigration Appeal Division must then promptly deliver the notice of appeal and the removal order to the Immigration Minister. During this period, the Immigration Division must also create an appeal record that includes the following information:
- A list of the content’s
- The order of deportation
- The hearing’s transcript for admission
- Any records that were admitted into evidence during the hearing on admissibility
- An explanation of the factors that led the Immigration Division to issue the removal order
The appeal record must then be given to the person submitting the appeal, the Minister, and the Immigration Appeal Division by the Immigration Division within 45 days of receiving the notice of appeal.
Obtaining Support for a Deportation Order Appeal
It might be challenging to comprehend all the specifics of removal order appeals. Yet, hiring an immigration attorney may greatly simplify matters. Experts in immigration law can:
- Help prepare an appeal
- Ensure applicants avoid mistakes
- Respond on an applicant’s behalf to the Canadian government
- Use their expertise to avoid unnecessary delays throughout the different appeal processing steps
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