A removal order is an official direction issued by the Canada Border Services Agency (CBSA) requiring a foreign national to leave Canada. It may be issued when someone no longer has legal status in the country, is found inadmissible, or has failed to comply with the conditions of their immigration visa or permit. After receiving a removal order, the person may need to leave Canada within a certain timeframe provided by the Canadian government. They may also be restricted from entering Canada for a certain period, or may require special permission to return. This mostly depends on the type of removal order they have received.
Types of Removal Orders in Canada
There are three main types of removal orders, each with different consequences for re-entry:
Departure Order
This is the least serious type of removal order. You must leave Canada within 30 days after the order becomes enforceable and confirm your departure with the Canada Border Services Agency (CBSA) at the airport or another official exit point. If you follow these requirements, you can generally return to Canada in the future as long as you meet the normal entry requirements.
Critical note: Failure to leave within 30 days or failure to confirm departure automatically converts the Departure Order into a Deportation Order.
Exclusion Order
You must leave Canada and confirm your departure with CBSA. In most cases, you cannot return to Canada for 1 year. If the order was issued because of misrepresentation, the restriction is usually 5 years.
After this period ends, you generally do not need an Authorization to Return to Canada (ARC), unless your order says otherwise. However, the removal order will remain on your immigration record and may affect future applications. If CBSA paid for your removal, you may also have to repay those costs before returning to Canada.
Deportation Order
This is the most serious type of removal order. You must leave Canada and cannot return unless you get an Authorization to Return to Canada (ARC). Deportation orders may be issued for reasons such as serious criminal offences, security concerns, organized crime, or other major immigration issues.
How Removal Orders Are Issued?
Removal orders are typically initiated by a CBSA officer under section 44 of the Immigration and Refugee Protection Act (IRPA). The report is reviewed by a Minister’s Delegate, who may issue the order directly in many cases or refer the matter to the Immigration Division of the Immigration and Refugee Board (IRB) for an admissibility hearing. Orders can also be issued at ports of entry or following IRB decisions.
Your Options After Receiving a Removal Order
Act quickly, as there are strict deadlines and removal action can happen quickly.
Appeal to the Immigration Appeal Division (IAD)
Permanent residents, certain protected persons, and some sponsored family members may appeal a removal order to the IAD. The appeal must generally be filed within 30 days.
The IAD may consider factors such as family ties, children’s best interests, hardship, and rehabilitation. A timely appeal can usually pause removal while the case is being reviewed. In some cases, the IAD may grant a conditional stay with conditions.
Pre-Removal Risk Assessment (PRRA)
Eligible individuals facing removal can apply for a PRRA to assess risks of persecution, torture, or other serious harm if returned. A first PRRA generally triggers a stay of removal while it is being processed. A positive PRRA can lead to protected person status.
Judicial Review and Stay of Removal at the Federal Court
If you cannot appeal to the IAD, or your appeal is unsuccessful, you may be able to ask the Federal Court to review the decision. However, filing for judicial review does not automatically stop removal. You usually need to make a separate request to the court for a stay of removal. The court generally considers three things: whether there is a serious issue, whether removal could cause serious harm, and whether a stay would be appropriate.
Deferral of Removal
You can request that CBSA temporarily defer removal on humanitarian or other compelling grounds (e.g., best interests of a child, medical issues, pending applications). A refusal of deferral can itself be challenged in Federal Court together with a stay motion.
Humanitarian & Compassionate (H&C) Applications
If you have lived in Canada for a long time, have family here, or would face problems in your home country, you may be able to apply on humanitarian and compassionate (H&C) grounds. In some cases, an H&C application may help you remain in Canada and could lead to permanent residence.
How CityLaw Can Help?
Our immigration lawyers review your CBSA documents, admissibility hearing outcomes, and immigration history to determine:
- What type of Removal Order you’ve received
- Whether you’re eligible to appeal or seek a stay
- Realistic timelines and next steps
- Whether a Pre-Removal Risk Assessment or H&C application applies to your situation
- How to protect your ability to return to Canada in the future
We represent clients at admissibility hearings, before the Immigration Appeal Division, and in Federal Court judicial review applications. We also assist with Authorization to Return to Canada (ARC) applications for clients who need to overcome a past Deportation Order. So, stop wasting your time, and come to the right place for the right help. Contact CityLaw Group for a free consultation.
