Facing a removal order in Canada?
A removal order is a formal legal direction requiring you to leave Canada. It is one of the most serious outcomes in Canadian immigration law, and in certain cases it can result in a permanent bar on returning. The type of removal order you receive, how quickly you act, and whether you comply within the required timeframe all affect what options remain available to you.
If you have received a removal order, contact Shory Law LLP as soon as possible to discuss your situation.
The three types of removal orders
Under the Immigration and Refugee Protection Act (IRPA), there are three types of removal orders. Each carries different legal consequences.
| Order type | Compliance | Key consequence |
|---|---|---|
| Departure order | Leave within 30 days and confirm departure with CBSA | Failure to comply within 30 days automatically converts the order to a deportation order |
| Exclusion order | Leave immediately | Bar on returning to Canada for 1 year (2 years if the order is based on misrepresentation); return requires an Authorization to Return to Canada (ARC) |
| Deportation order | Leave immediately | Permanent bar on returning to Canada without an Authorization to Return to Canada (ARC); most serious consequence |
What triggers a removal order?
Removal orders are issued by the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board of Canada (IRB) following a finding of inadmissibility or a failed refugee or immigration proceeding. Common grounds include:
- Criminal inadmissibility: conviction for a serious offence in Canada or abroad
- Security grounds: involvement with terrorism, organized crime, or espionage
- Misrepresentation in an immigration application
- Failure to comply with the conditions of a visa, work permit, or study permit
- Overstaying authorized status in Canada
- Rejection of a refugee claim by the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD)
- Failure to meet the residency obligations of a permanent resident
What options are available if you receive a removal order?
Receiving a removal order does not mean removal is inevitable. Several legal options may be available depending on your circumstances, immigration status, and the stage of the process. Time is critical in all of them.
Appeal to the Immigration Appeal Division (IAD)
Permanent residents and certain others who receive a removal order based on inadmissibility may have a right of appeal to the IAD. The IAD can allow the appeal, quash the removal order, or stay it on humanitarian grounds. Eligibility criteria and filing deadlines are strict. Not everyone facing removal has a right of appeal.
Pre-Removal Risk Assessment (PRRA)
A PRRA allows you to present evidence that returning to your country of nationality or habitual residence would put you at risk of persecution, torture, or cruel and unusual treatment. Filing a PRRA creates an automatic stay of removal while the application is under review. Eligibility restrictions apply, including a 12-month bar following a previous PRRA decision or certain refugee claim outcomes.
Humanitarian and Compassionate (H&C) application
An H&C application allows you to request permanent residence or a stay of removal based on compelling personal circumstances, including establishment in Canada and the best interests of any children involved. Filing an H&C application does not automatically stay removal, but you can request a deferral from CBSA while your application is pending.
Judicial review at the Federal Court
If a decision related to your removal order, PRRA, or IAD appeal was made in error, you may have grounds to apply for leave and judicial review at the Federal Court of Canada. Judicial review examines whether the decision was reasonable and procedurally fair. A successful judicial review sends the matter back for reconsideration by a different decision-maker.
Emergency stay of removal
If your removal date is imminent and you have grounds to challenge the order, an urgent application for a stay of removal can be made to the Federal Court. A stay prevents removal while the underlying matter is reviewed. These applications are time-sensitive and require evidence of a serious legal issue and the likelihood of irreparable harm if removal proceeds.
Deferral request to CBSA
Where a legal application is pending or being prepared, it may be possible to request that a CBSA officer defer your removal date. Deferrals are discretionary and are not guaranteed, but they may provide additional time to pursue a legal remedy.
Why acting quickly matters
The type of removal order you receive determines how quickly you must act. A departure order that is not complied with within 30 days becomes a deportation order automatically. Many appeal and review deadlines are measured in days, not weeks. Evidence that was available at the time of a hearing but was not presented cannot typically be introduced on appeal.
How Shory Law LLP can help
The Shory Law LLP immigration team handles all stages of removal proceedings. This includes inadmissibility hearings at the Immigration Division, appeals to the Immigration Appeal Division, PRRA applications, emergency stay of removal applications, H&C applications, and judicial review at the Federal Court of Canada.
If you or someone you know has received a removal order, contact us immediately to discuss what options may be available.
DISCLAIMER
This page is for general information only and does not constitute legal advice. Immigration law and policy change frequently, and outcomes depend on the specific facts of each matter. For advice on your situation, please contact Shory Law LLP to arrange a consultation.
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If you reside in Canada as a non-citizen, you can be issued one of three different kinds of removal orders. If you have received a removal order of any kind, contact Shory Law LLP for assistance. Our legal team will discuss your available options and help you decide the best course to take. What Is...
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Frequently asked questions about removal orders in Canada
What is a removal order in Canada?
A removal order is a legal direction issued by the CBSA or the IRB requiring a person to leave Canada. It follows a finding of inadmissibility or a failed immigration or refugee proceeding.
What are the three types of removal orders?
The three types are a departure order, an exclusion order, and a deportation order. A departure order requires you to leave within 30 days. An exclusion order bars you from Canada for one or two years. A deportation order results in a permanent bar on returning without an Authorization to Return to Canada.
What happens if I do not comply with a departure order?
If you do not leave Canada within 30 days and confirm your departure with CBSA, the departure order automatically becomes a deportation order, which carries a permanent bar on returning.
Can I appeal a removal order?
In some cases, yes. Permanent residents and certain others may have a right of appeal to the Immigration Appeal Division. Eligibility depends on the grounds of the removal order and your immigration status.
What is a Pre-Removal Risk Assessment?
A PRRA is an application you can make before removal to show that returning to your country would put you at risk of persecution, torture, or cruel and unusual treatment. Filing a PRRA automatically stays your removal while it is reviewed.
Can I get a stay of removal?
A stay of removal can be granted by the Federal Court on an urgent basis or can arise automatically from certain applications such as a PRRA. Stays are not automatic in all cases.
How long does a removal order process take?
Timelines vary significantly depending on the type of order, the grounds, and which legal options you pursue. Acting quickly gives you the most options.
Do I need a lawyer to respond to a removal order?
There is no legal requirement to retain a lawyer, but removal proceedings are complex, deadlines are strict, and the consequences of errors are serious. Retaining legal representation at the earliest possible stage gives you the best understanding of what options are available.
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FAQs
What is removal order in Canada?
A removal order is a document which can be issued at the Immigration and Refugee Board of Canada, or by a Canada Border Services Agency (CBSA) officer in certain circumstances that demands your departure from Canada.
Can you be deported from Canada?
Yes. In certain instances, you can be deported from Canada. This can be done by way of a departure order, exclusion order, or deportation order.
Can a Canadian citizen be deported from Canada?
No. A Canadian Citizen can not be deported from Canada. If you lose your citizenship, however, then you may be deportable from Canada.
