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Removal & Deportation

In Canadian immigration law, “removal” and “deportation” are key mechanisms for returning individuals who do not meet immigration requirements or have violated immigration laws. Understanding these processes is crucial for legal practitioners navigating this complex field.

Removal Process in Canada

Under the Immigration and Refugee Protection Act (IRPA), the removal process orders individuals deemed inadmissible to Canada to leave the country. Inadmissibility may result from criminality, misrepresentation, security concerns, health issues, or failure to meet immigration criteria. The Canada Border Services Agency (CBSA) primarily enforces removal orders.

The removal process typically begins when an immigration officer or the CBSA issues a removal order. The three main types of removal orders are:

  1. Departure Order: Issued to individuals who are in Canada illegally or have overstayed their authorized stay. They must leave voluntarily within a specified period; otherwise, the order converts into a deportation order.
  2. Exclusion Order: Issued to individuals inadmissible due to criminality, misrepresentation, or other grounds. This order bars them from returning to Canada for a set period.
  3. Deportation Order: Issued to individuals posing a threat to public safety or involved in serious criminal activities. This order mandates immediate removal and often results in a permanent ban on re-entry.

Deportation Process in Canada

Deportation is a more severe form of removal for individuals who have committed serious criminal offenses or pose significant risks. The Immigration Division of the Immigration and Refugee Board (IRB) issues deportation orders.

The deportation process includes several stages:

  1. Investigation and Arrest: The CBSA or law enforcement investigates individuals suspected of inadmissibility. If necessary, they arrest and detain them pending deportation proceedings.
  2. Admissibility Hearing: Individuals facing deportation are entitled to an admissibility hearing before the IRB. They can present their case, challenge evidence, and argue against deportation.
  3. Deportation Order: If the IRB finds that deportation is warranted, they issue a deportation order, specifying conditions and the timeline for removal.
  4. Removal: The CBSA oversees the physical removal from Canada, coordinating with airlines and handling travel documents.

Navigating the removal and deportation process in Canada presents several challenges and requires a deep understanding of immigration law. Legal practitioners must consider:

  1. Humanitarian and Compassionate Grounds: Individuals facing deportation may seek relief on humanitarian and compassionate grounds, citing family ties, establishment in Canada, or risk of persecution in their home country.
  2. Stopping Deportation Orders: You can pursue legal remedies such as appeals, judicial reviews, or applications for a stay of removal.
  3. Complexity of Cases: Cases often involve complex issues, including criminal law, immigration law, human rights considerations, and international treaties. Effective client advocacy is essential for navigating these complexities.

Recent IRCC Changes

As of September 2024, the Immigration, Refugees and Citizenship Canada (IRCC) has implemented changes affecting the removal and deportation processes. These changes include streamlined procedures for handling deportation cases and updated guidelines for humanitarian and compassionate considerations. Practitioners must stay informed about these updates to effectively represent their clients.

Conclusion

In conclusion, removal and deportation are critical aspects of Canadian immigration law, with profound implications for affected individuals. Legal practitioners play a vital role in guiding clients through these processes, advocating for their rights, and seeking remedies. Understanding the intricacies of deportation orders, stopping deportation orders, and exclusion orders is essential for achieving favorable outcomes in this challenging legal landscape.

Summary

Removal vs. Deportation: In Canadian immigration law, “removal” and “deportation” are key legal mechanisms for returning individuals who do not meet immigration requirements or have violated laws.

Removal Process:

  • Under the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) enforces removal orders.
  • Departure Order: For individuals who are in Canada illegally or have overstayed. They must leave voluntarily or face a deportation order.
  • Exclusion Order: For those inadmissible due to criminality or misrepresentation. It bars them from returning for a specified period.
  • Deportation Order: For individuals posing serious risks or involved in major criminal activities, resulting in immediate removal and often a permanent ban.

Deportation Process:

  • Investigation and Arrest: The CBSA or law enforcement investigates and detains individuals pending deportation.
  • Admissibility Hearing: Individuals can present their case before the Immigration and Refugee Board (IRB), challenging evidence and arguing against deportation.
  • Deportation Order: Issued by the IRB if deportation is warranted, specifying conditions and timelines.
  • Removal: The CBSA coordinates the removal, managing travel documents and arrangements.

Challenges and Considerations:

  • Humanitarian and Compassionate Grounds: Individuals may seek relief citing family ties, establishment in Canada, or persecution risks.
  • Stopping Deportation Orders: Legal remedies include appeals, judicial reviews, or stays of removal.
  • Complex Cases: Involve criminal law, immigration law, human rights, and international treaties, requiring effective client advocacy.

Recent Updates (September 2024):

  • Immigration, Refugees and Citizenship Canada (IRCC) has streamlined deportation procedures and updated guidelines for humanitarian considerations. Practitioners must stay updated on these changes for effective client representation.
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