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Canada Removal Order Appeals

After an admissibility hearing, a Canadian permanent resident who receives a removal order from the Immigration Division may be eligible to submit an appeal of the removal order to the Immigration Appeals Division within the required time. The Immigration Appeals Division will consider various issues before deciding whether there are sufficient grounds to grant admission to Canada, conditionally or unconditionally.

What is Removal Orders?

A removal order is a directive issued by the government that mandates an individual’s departure from Canada on a predetermined basis. A removal order can be made against an individual for a variety of reasons, including:

A removal order may be issued for a person who has filed a refugee claim, which may take effect after the claim is denied.
The Immigration Appeals Division or the Immigration Division may issue removal orders after a hearing.
A Canada Border Services Agency (CBSA) official can issue a removal order after an examination.

It is essential to understand what types of removal orders you have obtained as well as the legal ramifications if you do. Removal orders have a deadline, so you must consider alternatives to appeal the decision and stay in Canada.

Procedure For Appealing Removal Orders

You have 30 days to comply after the removal order is issued. People who hold permanent resident visas who are refugees or citizens of other countries can file an appeal. An appeal must be submitted to the Immigration Appeals Division (IAD) within those thirty days.
A receipt confirming your appeal request and containing information about your court appearance will be sent. After that, an IAD member will decide whether the order is justified.

The IAD will deny your appeal, and the removal order will remain in effect if it is determined that you meet any of the following requirements.

Participation in organized crime
Unacceptable for security-related reasons
Violation of international or human rights
Six months in prison after the commission of a significant crime in Canada

Types Of Removal Orders And Their Outcomes

There are three different types of removal orders, including:

Departure Order

If you receive a departure order, you have 30 days to travel to Canada and make sure the CBSA is validated at the time of departure. The order becomes a deportation order if the person receiving it does not leave Canada within 30 days.

Removal Order

If you have been ordered removed, you must leave Canada and notify the CBSA. Additionally, you will only be able to apply to enter Canada for up to five years.

Deportation Order

If a deportation order is issued, you must leave Canada immediately and ensure that the CBSA is valid when you do so. When leaving Canada, if the individual does not notify the CBSA, the CBSA will arrange for your deportation. A "Re-entry Authorization to Canada (ARC)" will always be required if you wish to enter the country.

How Refused Visa Can Help You In a Removal Order Appeals

You can get help with all things related to removal orders from Refused Visa experienced immigration consultants and Regulated Canadian Immigration Consultants (RCICs). If your inadmissibility prevents you from entering or staying in Canada, contact us to discuss your options. We will provide sound legal advice to move you closer to a better, safer future.