Deportation & Removal Orders

Removal Orders in Canada

Have you received a Removal Order?
If you’ve been issued a Removal Order, it’s crucial to understand what it means, the implications for your immigration status, and what steps you may take to respond. At Odogwu, we guide clients through the complexities of Removal Orders with professionalism and urgency.

When are Removal Orders Issued?

Removal Orders may be issued under the following circumstances:

Following a hearing by the Immigration Division (ID) or the Immigration Appeal Division (IAD), where it is determined that a Removal Order is warranted.
After an examination by a Canada Border Services Agency (CBSA) Officer.
When a refugee claim is submitted, a conditional Removal Order is automatically issued and becomes enforceable if the claim is refused.

Types of Removal Orders & Their Implications

1. Departure Order
A Departure Order requires you to leave Canada within 30 days and verify your departure with CBSA. Failure to leave within this period typically results in the order being converted into a Deportation Order.

2. Exclusion Order
An Exclusion Order also requires you to leave Canada and confirm your departure with CBSA. Re-entry to Canada is barred for a period of one to five years, depending on the circumstances of the case.

3. Deportation Order
A Deportation Order obliges you to leave Canada, with or without CBSA’s enforcement. If you are removed under a Deportation Order, you will need to apply for an Authorization to Return to Canada (ARC) if you wish to re-enter in the future.

Important: All Removal Orders require you to leave Canada. If you fear returning to your country of origin or habitual residence, you may be eligible to apply for a Pre-Removal Risk Assessment (PRRA) to have your risks reviewed prior to removal.

Can You Challenge a Removal Order?

For Permanent Residents:

As a Permanent Resident, you may have the right to appeal a Removal Order to the Immigration Appeal Division (IAD). However, your eligibility to appeal depends on the reason for the order.
You cannot appeal to the IAD if the order is based on:

Organized criminality
Security grounds (e.g., espionage, terrorism)
Crimes against humanity
A serious criminal conviction in Canada with a custodial sentence of six months or more

In such cases, we can discuss alternative legal remedies available outside the appeal process.

For Foreign Nationals:

Foreign Nationals are not eligible to appeal their Removal Orders to the IAD. However, there are still legal avenues that can be explored, depending on your situation. At Odogwu, we work closely with clients to assess the options available and determine the best course of action.