Can Permanent Residents Face Deportation from Canada?

Amir, a permanent resident of Canada, was convicted of a home robbery in Saskatoon. His sentence was nine months in prison. Amir now wonders if this conviction could result in his deportation from Canada. He never imagined that one mistake might jeopardize his right to remain in the country where he had built his life.

Who could face deportation from Canada?

Removal orders have serious consequences for some permanent residents and foreign nationals. I introduce removal orders here, but for this article, I use deportation (which is a more common term despite not being accurate).

Types of Removal Orders

1. Departure Orders: These orders require the individual to leave Canada, usually within 30 days. Complying voluntarily can help avoid future complications, but non-compliance may result in a deportation order.
2. Exclusion Orders: These orders ban the individual from re-entering Canada for a specific period, often one year. However, if an exclusion order is because of misrepresentation, the re-entry ban may be extended to five years.
3. Deportation Orders are the most severe. They permanently remove an individual from Canada. Re-entry is only possible with specific government authorization, known as an Authorization to Return to Canada (ARC).

Who Issues Removal Orders?

The Canada Border Services Agency (CBSA) issues most removal orders, especially in clear-cut cases involving serious criminality or misrepresentation. However, the Immigration Division of the IRB holds hearings for more complex situations and issues removal orders where necessary. The ultimate goal of these processes is to protect Canada’s safety and integrity. It is rare for IRCC to issue removal orders. However, they mostly take care of this matter for those who file refugee claims in Canada.

How a Permanent Resident Could Become Inadmissible

Inadmissibility to Canada is the root cause of deportation. Permanent residents can face deportation if they become inadmissible under several sections of the Immigration and Refugee Protection Act (IRPA). The IRPA sets out specific grounds that might lead to removal from Canada.

Security Grounds – Section 34(1)

Permanent residents are inadmissible if they engage in acts against Canada’s security. This includes espionage, terrorism, or any violence that could endanger lives in Canada. Being a member of an organization that engages in these acts is also considered a security threat.

Human or International Rights Violations – Section 35(1)

Permanent residents are also inadmissible if they violate human rights. This includes crimes against humanity, being a senior official involved in systematic human rights abuses, or engaging in conduct that constitutes an offence under the Criminal Code of Canada.

Serious Criminality – Section 36(1)

Amir’s concern falls under Section 36(1), which addresses serious criminality. A permanent resident convicted in Canada of an offence punishable by a term of imprisonment of at least ten years is inadmissible. Alternatively, a conviction resulting in a sentence over six months can also lead to deportation. Amir’s nine-month sentence means he could face this consequence.

Organized Criminality – Section 37(1)

Permanent residents involved in organized criminal activity may face deportation. Section 37 clearly states that being part of a criminal organization or engaging in human smuggling results in inadmissibility.

Misrepresentation – Section 40(1)

Permanent residents who misrepresent material facts during their application process are at risk of being deported. Misrepresentation induces errors in decision-making, which the government views as a severe offence.

Cessation of Refugee Protection – Section 40.1(2)

Permanent residents are inadmissible if their refugee protection has ceased under specific conditions (e.g., they travelled to the country of persecution or became citizens of another country).

Non-Compliance – Section 41(b)

Failing to comply with residency obligations could result in inadmissibility. Section 41(b) of IRPA requires that permanent residents meet their residency conditions and comply with Canadian law.

Solutions to Potential Deportation

Facing deportation is distressing, but there are avenues to challenge a removal order. Permanent residents have rights and options to contest their deportation.

Admissibility Hearings

When there are grounds for deportation, permanent residents may be subject to an admissibility hearing before the IRB. The hearing aims to determine if the individual should be removed from Canada or if they have valid reasons to stay.

Immigration Appeals

In many cases of removal orders, permanent residents can appeal to the Immigration Appeal Division (IAD). This appeal could focus on humanitarian and compassionate grounds or errors in fact or law in the original decision.

Judicial Review

Another option is judicial review. If an appeal fails, permanent residents can apply to the Federal Court of Canada. Judicial reviews assess whether there was an error in law or due process during the admissibility hearing or the decision to issue a removal order.

Pre-Removal Risk Assessment (PRRA)

The Pre-Removal Risk Assessment (PRRA) helps individuals argue that they will face risks, such as torture or persecution if deported. This process might prevent deportation if sufficient evidence shows a danger to the individual’s life or safety.

Temporary Resident Permit (TRP)

Applying for a Temporary Resident Permit (TRP) might sometimes allow a failed permanent resident to stay temporarily in Canada. TRPs provide temporary status for individuals who would otherwise be inadmissible, giving them time to resolve their status.

If You Are Facing Deportation, We Could Help

A possible deportation is intimidating, but you don’t need to face it alone. I have represented hundreds of applicants from several countries in dealing with complex immigration issues. If you are dealing with a removal order or fear you may receive one, book a consultation today. I will evaluate your case and guide you through the best possible solutions. Alternatively, please complete the following form to contact our team.