Who issues removal orders in Canada?
Anna is an international student in Canada. She is a Polish citizen. While Anna enthusiastically started her studies in Canada, she lost her interest and stopped studying. Despite the expiry of the study permit, Anna is still in Canada. Consequently, she worries the authorities will issue her a removal order. She wonders who issues removal orders in Canada and the consequences.
Table of contents
What is a removal order?
A removal order is a document that orders you to leave Canada. We have three types of removal orders. Of course, the consequences of each are different.
- Departure Order: If you receive a Departure Order, you must leave Canada and report your departure to CBSA. However, you do not need an Authorization to Return to Canada (ARC) because of a Departure Order. Unfortunately, if you do not leave Canada in 30 days or do not report your departure, the Departure order becomes a Deportation Order.
- Exclusion Order: An Exclusion Order will ban you from returning to Canada for 12 months. In case of misrepresentation, the ban is for 60 months. However, you may return to Canada within the barred period if IRCC approves your ARC application.
- Deportation Order: A Deportation Order bans you from Canada for life. However, you may return if you receive a positive response to the ARC application.
I have two other articles that explain the removal orders and ARC applications in more detail. Please click the following links if you are interested.
- Removal Orders Canada – Deportation, Exclusion, Departure
- Authorization to Return to Canada – ARC Application
Grounds for a removal order
Inadmissibility to Canada is the reason for removal orders. Consequently, only permanent residents of Canada (PR) or foreign nationals (FN) could receive such orders. Several sections of the Immigration and Refugee Protection Act (IRPA) define the grounds for inadmissibility. I briefly list these sections below. However, the intention is to simplify matters. Do not consider the following list an accurate or legal description of these sections.
- 34: Security – issues such as espionage, terrorism, or membership in terrorist organizations
- 35: Human rights violations
- 36: Criminality or serious criminality
- 37: Organized criminality (e.g., membership in a criminal gang)
- 38: Health grounds (i.e., medical inadmissibility)
- 39: Financial reasons
- 40: Misrepresentation
- 40.1: Cessation of refugee protection (e.g., when a protected person voluntarily gives up their refugee status for any reason)
- 41: Breaking the immigration law, such as overstaying in Canada, working without a permit, or not meeting the residency obligations
- 42: Inadmissibility because of a family member, whether accompanying or non-accompanying
- 43: Other issues mentioned under the Immigration and Refugee Protection Regulations (nothing at this moment, though)
Who issues a removal order?
Three organizations could issue a removal order:
- CBSA, or Canada Border Services Agency, is the enforcement wing of immigration. Therefore, they are the primary source of issuing removal orders. Even they initiate the issuance of most other removal orders by submitting a 44 report.
- IRB, or the Immigration and Refugee Board of Canada, is a court-like organization. They decide many things, including, but not limited to, removal orders. Therefore, they are another organization that issues these orders. However, in almost every scenario, CBSA administers the initial request for the removal, a.k.a. the 44 report.
- IRCC, or the Immigration Refugees and Citizenship Canada, is the decision-maker in visa and immigration applications. Consequently, they rarely issue removal orders. However, they produce removal orders in exceptional situations, such as refugee claims at an inland office.
When CBSA issues a removal order
As I mentioned earlier, CBSA initiates almost every removal order process. However, they do not wait for IRB to hand the following removal orders. In other words, you receive these removal orders directly from CBSA.
|Type||Section of the law and explanation||Who?|
|Departure||40.1 – Cessation of refugee status|
41 – Not meeting the residency obligations only
|Exclusion||41 – (a) Not appearing for a hearing or examination; (2) Showing up at a port of entry without a valid visa or similar documents; (3) Overstaying in Canada; (4) Not complying with the study permit conditions; (5) Overstaying as a former crew member; (6) Failing to comply with the imposed limitations under the Emergencies Act or the Quarantine Act; (7) Entering Canada despite being inadmissible as a designated person; (8) Not complying with a Direction to Return to the United States.||FN|
|Deportation||36 – Criminal convictions inside Canada (both criminality and serious criminality)|
40 – Misrepresentation in a refugee claim resulting in vacating of the protection or the claim
41 – Entering Canada without an approved ARC application when required
42 – Inadmissibility because of a family member who is inadmissible because of security, human rights violations, or organized criminality
|Depends||42 – If a family member receives a removal order, you may also receive a removal order. The type of removal depends on the removal order the family member receives. However, if the person is the accompanying family member of the principal applicant (PA) and the PA is inadmissible, then the family member will receive a Departure Order only in most cases. |
41 – Refugee claimants eligible for referral to IRB receive a Departure Order most of the time. However, the authority that issues such orders could be either CBSA or IRCC.
How IRB handles cases
The Immigration Division (ID) of IRB receives removal requests from CBSA. They hold a hearing, and if they agree with the CBSA report, they issue a removal order. However, sometimes the Minister or the applicant files an appeal. The Immigration Appeal Division (IAD) is responsible for running hearings for those appeals. If IAD sides with the Minister, they issue the removal order.
When IRB issues a removal order
Sometimes IRB issues a removal order.
|Type||Section of the law and explanation||Who?|
|Departure||41 – Not meeting the residency obligations only. Of course, IAD, a division of IRB, is the entity that usually issues such orders.||PR|
|Exclusion||38 – Health grounds! However, this applies to those foreign nationals that do not meet any exemptions.|
39 – Financial reasons! Nonetheless, it only applies to foreign nationals.
40 – Misrepresentation! Moreover, if the sponsor misrepresents, the applicant also becomes inadmissible. However, exceptions exist.
41 – (a) Failing to appear for an examination! However, the removal could be a Departure or a Deportation Order. (b) A PR visa holder fails to establish they want to become permanent residents in Canada. (c) At the time of examination, failing to establish they will leave Canada by the end of their authorized stay. (d) Failure to comply with any sections of IRPA! However, exemptions exist.
|FN or PR|
|Deportation||34 & 35 – Inadmissibility because of security reasons or human rights violations. |
36 – Serious criminality! However, foreign nationals are not eligible for referral to ID for convictions inside Canada.
37 – Organized criminality
40 – Misrepresentation that results in losing Canadian citizenship!
Note: Repeat offenders and those who receive a removal order more than once could also receive a Deportation Order.
|FN or PR|
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Regulated Canadian Immigration Consultant
Adjunct Professor – Queen’s University – Faculty of Law
Ashton College Instructor – Immigration Consulting
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