AJ LAW LLP-Filipino Immigration Lawyer: REMOVAL ORDERS

A removal order is a government notification telling you that you have to leave Canada, and offering terms for when and how you have to do so. Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) may issue removal orders to any Canadian permanent resident or foreign national who is in Canada, whom they believe to be inadmissible for any reason. Once issued, it is important to know whether you can appeal from the order and on what grounds.

Types of Removal Order

• Departure Order: You must leave Canada within 30 days after the order becomes effective. You must confirm your departure with the CBSA at your port of exit. If you leave Canada and fully comply with all the required procedures, you may be able to return to in the future so long as you meet the entry requirements at that time and subject to normal examination at the port of entry.
• Exclusion Order: If you receive this type of order, you must leave Canada immediately and you cannot return to Canada for one year. You need to obtain a Certificate of Departure showing the date you left Canada. Should you wish to return to Canada after the lapse of the 12-month period, you need to secure Authorization to Return to Canada (ARC). However, if an exclusion order has been issued on the ground of misrepresentation, you are not allowed to re-enter Canada for five years.
• Deportation Order: If you have been issued a departure order, and you left Canada without verifying your departure, or you left more than 30 days after the issuance of the order, the departure order is automatically converted into a deportation order. This order bars you permanently from returning to Canada unless you apply for an ARC.

Types of Removal Order

• Departure Order: You must leave Canada within 30 days after the order becomes effective. You must confirm your departure with the CBSA at your port of exit. If you leave Canada and fully comply with all the required procedures, you may be able to return to in the future so long as you meet the entry requirements at that time and subject to normal examination at the port of entry.
• Exclusion Order: If you receive this type of order, you must leave Canada immediately and you cannot return to Canada for one year. You need to obtain a Certificate of Departure showing the date you left Canada. Should you wish to return to Canada after the lapse of the 12-month period, you need to secure Authorization to Return to Canada (ARC). However, if an exclusion order has been issued on the ground of misrepresentation, you are not allowed to re-enter Canada for five years.
• Deportation Order: If you have been issued a departure order, and you left Canada without verifying your departure, or you left more than 30 days after the issuance of the order, the departure order is automatically converted into a deportation order. This order bars you permanently from returning to Canada unless you apply for an ARC.

ADMINISTRATIVE DEFERRAL OF REMOVALS (ADR)

This occurs when the subject of a removal order is from a country that is in a state of crisis, and if forced to return to their country of origin, the individual will be subjected to undue harm. ADR is intended to be a temporary relief where immediate action is required to temporarily delay removals in particular countries due to humanitarian crisis. For some regions in Somalia, the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, and Burundi, an ADR is currently in operation. Once the situation changes, ADR may be lifted and the CBSA resumes removals for those who are inadmissible to Canada and have a standing removal order.

TEMPORARY SUSPENSION OF REMOVALS (TSR)

The TSR program suspends removals to a country or place when general conditions pose a risk to the entire civilian population. In terms of duration, this is usually in place for a longer period of time compared to an ADR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq.

If you cannot be removed from the country on account of an ADR or a TSR, you could be eligible to apply for a work permit or a study permit.

WHAT TO DO UPON RECEIPT OF REMOVAL ORDER?

For those facing removal orders, you may be eligible for an appeal depending on your circumstances. However, the process can be lengthy, confusing and difficult. It is strongly recommended that you obtain assistance from professionals with solid immigration law knowledge to better represent you throughout the process. At AJ LAW LLP, we have a Filipino Immigration Lawyer who have supported various immigration clients in dealing with removal order issues. For more information, please feel free to reach out for a FREE CONSULTATION at +1 (416) 409-5991 or via email at info@ajlawpartners.ca.

ADMINISTRATIVE DEFERRAL OF REMOVALS (ADR)

This occurs when the subject of a removal order is from a country that is in a state of crisis, and if forced to return to their country of origin, the individual will be subjected to undue harm. ADR is intended to be a temporary relief where immediate action is required to temporarily delay removals in particular countries due to humanitarian crisis. For some regions in Somalia, the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, and Burundi, an ADR is currently in operation. Once the situation changes, ADR may be lifted and the CBSA resumes removals for those who are inadmissible to Canada and have a standing removal order.

TEMPORARY SUSPENSION OF REMOVALS (TSR)

The TSR program suspends removals to a country or place when general conditions pose a risk to the entire civilian population. In terms of duration, this is usually in place for a longer period of time compared to an ADR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq.

If you cannot be removed from the country on account of an ADR or a TSR, you could be eligible to apply for a work permit or a study permit.

WHAT TO DO UPON RECEIPT OF REMOVAL ORDER?

For those facing removal orders, you may be eligible for an appeal depending on your circumstances. However, the process can be lengthy, confusing and difficult. It is strongly recommended that you obtain assistance from professionals with solid immigration law knowledge to better represent you throughout the process. At AJ LAW LLP, we have a Filipino Immigration Lawyer who have supported various immigration clients in dealing with removal order issues. For more information, please feel free to reach out for a FREE CONSULTATION at +1 (416) 409-5991 or via email at info@ajlawpartners.ca.