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Appeal Removal Order
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APPEAL REMOVAL ORDER


CANADA REMOVAL ORDER

In general removal orders become enforceable only after all legal recourses have been waived or exhausted, which can take months or years.
In the case of failed asylum claimants, those who are not removed within 1 year of a final negative decision on their claim are eligible for a pre-removal risk assessment, in which Immigration, Refugees and Citizenship Canada considers the dangers applicants may face if removed from Canada.
Types Of Removal Orders
There are 3 types of removal orders in Canada:
  • Deportation Order: with the order of deportation, you are permanently barred from returning to Canada. In exceptional cases, you may apply for the written consent of the Minister of IRCC to Return to Canada after an order of deportation .
  • Exclusion Order: if you receive Exclusion order, you can not return to Canada “without authorization” for one year. If an exclusion order has been issued for misrepresentation, you can not return to Canada for five years.
  • Departure Order: If you receive departure order, you must leave Canada within 30 days. you must also confirm your departure with the CBSA at the port of exit from Canada. you may return to Canada in the future. If you do not respect these conditions, the departure order will become deportation order.
No Right to Appeal
these persons can not appeal their removal orders:
  • foreign nationals.
  • claimants whose refugee protection claim has been rejected,
  • foreign nationals, convention refugees, protected persons and permanent residents of Canada,
    • if they have been found inadmissible to Canada because:
      • Committed serious criminality punished by a sentence of six months or more of imprisonment or
      • Have been convicted of an offence outside Canada or
      • Have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
      • Being part of organized criminality,
      • Have Security grounds, or
      • Implicated in violations of human or international rights.
Appealing a Removal Order
These persons can appeal a removal order: Permanent residents, Convention refugees and protected persons who have been ordered removed from Canada.
The Immigration and Refugee Board of Canada (IRB) is responsible for any appeals to Removal Orders. In case of refusal of your appeal, you may also apply to the Federal Court of Canada for a judicial review of any IRB decision.

Removal Order Appeal Process
If you receive a removal order from CBSA, you have a deadline of 30 days to appeal the immigration decision to the Immigration Appeal Division IAD.
The removal order appeal process:
  • You file the removal order appeal within the 30 days.
  • The Immigration Appeal Division (IAD) will contact your counsel to schedule your hearing.
  • you and your immigration counsel will receive a Notice to Appear at least 4 weeks before the hearing date.
  • You and your immigration counsel prepare your case before your hearing date: Documents, witness information, the need of interpreter. All these information must be received by IAD, at least 20 days before your hearing.
  • If your appeal is allowed: The removal order will be cancelled, and you will be able to remain in Canada. If you were a landed permanent resident, you will keep your PR status.
  • If your appeal is dismissed: The removal order will take effect, which means CBSA may remove you from Canada.
A removal can occur only after all legal recourses have been waived or exhausted, which can take months or years.
Appealing to the Federal Court
After the refusal of the appeal of removal order by the Immigration Appeal Division IAD, you may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IAD decision.
The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.
Unenforceable removal order and delays of deportation
There are a variety of reasons that can prevent a removal order from being enforced or delay the deportation order, including but not limited to :
  • Appeals and legal proceedings: appealing the removal order.
  • Administrative deferral of removals (ADR) : ADR is temporary measure, put in place within a short period of time to immediately respond to a change in country conditions. Once the situation in a country stabilizes the ADR is lifted and the removal order become enforceable. An ADR is currently in place for :
    • certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu),
    • the Gaza Strip,
    • syria,
    • Mali,
    • the Central African Republic,
    • South Sudan,
    • Libya,
    • Yemen,
    • Burundi,
    • Venezuela, and
    • Haiti.
  • Temporary suspension of removals (TSR): The TSR program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples: armed conflict or an environmental disaster resulting in disruption of living conditions. Canada currently has a TSR in place for:
    • Afghanistan,
    • the Democratic Republic of Congo, and
    • Iraq.
NOTE: An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the ADR or the TSR
  • Pre-Removal Risk Assessment: if the individual is eligible to make an application for a pre-removal risk assessment, and if so, the removal order can not be enforceable until a final decision has been rendered on the PRRA application.
  • Delays to obtain the individual's travel document.
Considerations Removal Order Appeal
Factors to be considered in appeals of removal orders include:
  • the seriousness of the offence leading to the removal order, where applicable.
  • the possibility of rehabilitation, where applicable.
  • the length of time spent in Canada and the degree to which the appellant is established here.
  • the family in Canada and the dislocation to the family that the deportation would cause.
  • the support available to the appellant, not only within the family but also within the community.
  • the degree of hardship that would be caused to the appellant by their return to their country of nationality.
IMMIGRATION ASSISTANCE
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