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 for assistance. Our legal team will discuss your available options and help you decide the best course to take.
What Is a Removal Order?
Deportation orders are issued to non-citizens and are acted on immediately. The recipient is arrested and removed from the country and permanently banned from reentering Canada.
This type of stay removal order bans the recipient from reentering Canada for a period of time, usually two years.
Departure orders are the most lenient type of stay removal orders in Canada. The recipient is required to leave the country but is given 30 days to leave voluntarily. If the recipient does not leave in this time frame, the Departure Order converts to a Deportation Order.
Can a Removal Order Be Appealed?
Removal Orders for Permanent Residents
Removal orders for permanent residents can be appealed under specific circumstances, usually resulting in a stay of removal order. This means the removal order is not removed or withdrawn, but it will not be enforced for a specified amount of time.
A stay of removal order is also issued with conditions. These include, but are not limited to, good behavior, reporting to CBSA, and efforts to acquire full-time employment.
Once the time frame allotted to the stay of removal order has reached its end, the court can reevaluate the order. Here, it can be decided whether to dismiss the removal order, extend the stay of removal order, or allow the appeal.
Shory Law Can Help You Appeal a Removal Order and Obtain a Stay
Contact the legal team at Shory Law about obtaining a stay of removal order. We will work with you to devise the best and safest path forward.
Motion for Stay of Removal at the Federal Court of Canada
Under certain circumstances, you can file for a Motion to Stay the removal of an individual if a direction to report has been given. A direction to report means when the Canada Border Service Agency (CBSA) provided you with details around when you are expected to be removed. Often, one makes a request for deferral of removal to the CBSA and if this is refused, you can apply for Leave and Judicial Review of the refusal to the Federal Court of Canada. Once this application is made, you apply for a Motion to stay removal pending the outcome of that decision. Alternatively, if you already have a case before the Federal Court of Canada, you may be able to make that Motion within that underlying matter.
The Federal Court of Canada, when evaluating whether or not to grant a Motion to stay removal focuses primarily on three factors:
- Seriousness of the issue in the underlying application for leave and Judicial Review
- that he/she would suffer irreparable harm if no order was granted and he/she was removed from Canada; and
- considering the situation of both parties, the balance of convenience favours granting the stay.
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If the CBSA gives me directions to report for removal, what are my options?
If the CBSA provides you with instructions for removal (ie; that you must show up on a specific date and time to be removed from Canada) you can request a deferral of removal. This is a request to the CBSA to stop your removal for a period of time. If the deferral request is refused, you may be able to go to the Federal Court of Canada and file a motion for stay of removal. Sometimes, you would not ask for deferral from the officer, and instead, seek a motion for stay of removal through an already underlying application for leave and judicial review at the Federal Court of Canada.
What is an unenforceable removal order?
A removal order is enforceable under legislation when all conditions for a stay (see Part 13, Division 3 of the Immigration and Refugee Protection Regulations) have been removed. An unenforceable removal order is there one that has been stayed for whatever reason.
Persons subject to an unenforceable removal order include the following:
- pre-removal risk assessment (PRRA) applicants (pending the outcome of the PRRA);
- persons who have been granted a stay by the Federal Court;
- foreign nationals from countries where the Minister has imposed a temporary stay of removal; and
- persons with respect to whom the Canada Border Services Agency (CBSA) is unable to remove for reasons beyond the control of the person (e.g., unable to obtain a travel document). Simply not being in possession of a travel document is not sufficient for issuance of a work permit in this category. The applicant must demonstrate that they were unable to obtain a passport because of circumstances beyond their control (by providing a refusal letter resulting from a passport application submission, a confirmation from the CBSA that they are unable to obtain a travel document, etc.). If insufficient proof is provided that the inability to obtain a travel document is beyond the person’s control, the officer should confirm with the CBSA that the applicant is cooperating with removal procedures and has not yet been able to obtain the travel document.
What is unenforceable removal order?
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