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There are three categories of removal orders in Canada depending on the grounds incurred by the applicant.

Departure orders

Most of the removal orders are departure orders issued to individuals when a refugee claim is initially filed. A departure order issued to a refugee claimant is only valid if their asylum application is denied. Once all avenues of recourse are exhausted, you must leave Canada immediately.

How to deal with this order: 

  • Confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these processes, you may return later if you meet the entry requirements at the time.
  • If you leave Canada beyond 30 days or do not confirm your departure with the CBSA, your Departure Order will be automatically converted to a Deportation Order. If you want to return to Canada in the future, you must first obtain an Authorization to Return (ARC).
  • The Immigration and Refugee Board of Canada (IRB) is responsible for any appeals to Removal Orders. Consult the IRB website for more information.
  • You may also apply to the Federal Court of Canada for a judicial review of any IRB decision. Consult the Federal Court of Canada for more information.

 

Exclusion orders

An exclusion order prevents a person from returning to Canada for a year without written permission, or five years if issued for misrepresentation.

How to deal with this order: 

  • If you do wish to return before the 12 months have passed, you must apply for an ARC.
  • If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years.
  • If the CBSA paid for your removal from Canada, you must repay that cost.

 

Deportation orders

A deportation order prevents a person from ever going back to Canada unless the Minister of Immigration, Refugees and Citizenship Canada grants permission to do so.

How to deal with this order: 

  • Cannot return unless you apply for an ARC.
  • If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.

 

Please read this article to know more about Authorization to Return Canada (ARC).

Please read this article to know more about inadmissiblity concerns in Canada.

 

What happens if you fail to Leave after removal order is issued

A Removal Order will force you to leave Canada right away. If you don't show up for your planned removal date or removal interview, the CBSA will issue an arrest warrant for you across the whole country. After an arrest, you might be held in a holding facility by CBSA until your release.

The CBSA may designate an escort officer to go with you on your departure to make sure you leave Canada.

 

Disclaimer: The above article is based on various government sources including but not limited to the references mentioned within the article and below. Therefore, there might be some portions of the write-ups directly quoted from the original source(s) but with no intention of copyright. The entire article has been written with the intention of making it easier to understand by the common people who does not practice Canada Immigration Law or work as licensed practitioner

The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.    

Reference: https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

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