There are three types of removal orders
- Departure orders
- Exclusion orders
- Deportation orders.
Who can issue a Removal Order?
Minister’s Delegate on behalf of the Minister
A Canada Border Services Agency (CBSA) Officer or an Immigration, Refugees and Citizenship Canada (IRCC)
Officer, who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible,
may prepare a report on inadmissibility setting out the relevant facts.
CBSA officers can write inadmissibility reports on any ground of inadmissibility provided for in the Immigration and Refugee Protection Act (IRPA). IRCC officers can’t write inadmissibility reports on grounds of security, human or international rights violations, and organized criminality.
The report is referred to the Minister’s Delegate (MD). If the MD is of the opinion that the report is well-founded, he or she may issue a removal order if the report is
- In respect of a permanent resident who is inadmissible solely on the grounds of having failed to comply with the residency obligation
- In respect of a foreign national and MD has jurisdiction to issue the removal order
If MD is of the opinion that the report is well-founded but issuing of removal order is outside his or her jurisdiction, he or she may refer the report to the Immigration Division for an admissibility hearing.
Refugee Applications and Removal Orders
If you are a refugee claimant, you will receive a conditional Removal Order. If your refugee claim is accepted, the Removal Order will not be enforced. If you become a permanent resident of Canada the Removal Order will become void. If your refugee claim is rejected, the Removal Order will then come into force. Once all avenues of recourse are exhausted, you must leave Canada immediately.
If the MD refers the report to Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB),
Foreign National or Permanent Resident who is the subject of the report may be ordered to appear before the ID
for an admissibility hearing. The IRB is independent of the CBSA and IRCC. A member (decision-maker) of the ID
will then hear the review according to the IRB tribunal process. The process is adversarial. There are two
opposing parties: the person believed to be inadmissible and Minister's counsel for the CBSA (or for IRCC).
Minister's counsel will say why the person should not be allowed to enter or remain in Canada. The person, or
his or her counsel, will respond. After considering all the evidence, the member makes a decision and then
issues an order. The order either requires the person to leave Canada or allows the person to enter or remain in
Canada. Terms and conditions may be imposed. If the person was in detention, the member may order the person to
remain in detention if he or she believes that the reasons for the original detention still stand.
In some cases, the person may be able to appeal the removal order to the Immigration Appeal Division (IAD) of the IRB. In some cases, the person may be able to seek permission, or leave, of the Federal Court of Canada for a judicial review of the IRB's decision. Minister's counsel may also seek leave for judicial review.
Immigration Appeal Division
The IAD hears four types of appeals:
- Sponsorship appeal
- Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB’s Immigration Division
- Residency obligation appeal
- Minister's appeal of an ID decision
Residency obligation appeal
If the residency obligation appeal is allowed, the person will not lose permanent resident status. However, if
the appeal is dismissed, the person will lose permanent resident status. If the person is in Canada, the IAD
will issue a removal order.
The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Minister's appeal of an ID decision
On referral of inadmissibility report from MD, if the ID allows the person to enter or remain in Canada,
Minister can appeal this decision to IAD. If IAD allows Minister’s appeal, IAD will issue a removal order.
In some cases, the person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Get in Touch for more information or for representation at Canada Border Services Agency or/and Immigration and Refugee Board of Canada