Removal Order

What is a Removal Order?

A removal order is an official decision by Canadian immigration authorities requiring a foreign national or permanent resident (in limited cases) to leave Canada. Removal orders are issued for various reasons, including immigration violations, inadmissibility findings, or refusal of status.

There are three main types of removal orders in Canada:

1. Departure Order
• Requires you to leave Canada within 30 days.
• If you comply and verify your departure with CBSA, there are usually no long-term consequences.
• If you fail to comply, the order automatically becomes a deportation order.
2. Exclusion Order
• Requires you to leave Canada and bars re-entry for 1 year (sometimes 5 years in cases involving misrepresentation).
• After the ban, you can return if you meet entry requirements.
3. Deportation Order
• Permanently bars you from returning to Canada unless you apply for and are granted an Authorization to Return to Canada (ARC).
• This is the most serious type of removal order.

Why Do People Get Removal Orders?

Removal orders may be issued for several reasons, including:

• Criminal inadmissibility – Convictions inside or outside Canada.
• Misrepresentation – Providing false or misleading information in an immigration application.
• Overstaying status – Remaining in Canada after a visa, work permit, or study permit has expired.
• Failed refugee claims – If your asylum application is denied.
• Medical or financial inadmissibility – Inability to meet health or financial requirements.
• Violation of immigration conditions – Such as unauthorized work or study.

What is a Pre-Removal Risk Assessment (PRRA)?

If you are facing removal, you may be eligible to apply for a Pre-Removal Risk Assessment (PRRA). This process allows you to explain why you believe you would be at risk if returned to your home country.

Risks considered under PRRA include:

• Danger of persecution due to race, religion, political opinion, or membership in a social group.
• Risk of torture.
• Risk to life, or risk of cruel and unusual treatment or punishment.

Not everyone is eligible to apply immediately for PRRA. For example:

• If you previously applied for refugee protection and were refused, you may be subject to a waiting period before applying.
• If your situation has changed significantly (such as new evidence of risk), you may become eligible.

Possible Solutions if You Receive a Removal Order

While receiving a removal order is serious, you may still have options:

1. Appeal to the Immigration Appeal Division (IAD)
• Permanent residents and some foreign nationals can appeal certain removal orders.
• Humanitarian and compassionate factors are sometimes considered.
2. Judicial Review at Federal Court
• If you believe the decision was unfair, you can ask the Federal Court to review it.
3. PRRA Application
• If eligible, you can argue that returning to your country poses a significant risk.
4. Humanitarian and Compassionate Application
• In some cases, if you have established strong ties in Canada, you may apply for permanent residence on humanitarian grounds.
5. Stay of Removal
• In urgent cases, you may request a temporary stay of removal while your case is being reviewed.

How to Avoid Removal Orders

Prevention is always better than cure. You can reduce the risk of facing a removal order by:

• Maintaining valid immigration status at all times.
• Renewing permits before they expire.
• Providing complete and truthful information in all immigration applications.
• Avoiding criminal activity.
• Seeking legal guidance before making complex applications.

A removal order can feel like the end of your Canadian dream, but it doesn’t always mean you have no options. The PRRA process and other legal remedies may provide opportunities to stay in Canada, especially if you face genuine risks in your home country. Acting quickly and seeking professional help is critical.

If you are facing a removal order or have been told you may be eligible for a PRRA, don’t wait. The deadlines are strict, and the consequences are life changing. Our experienced immigration lawyers can review your case, prepare strong submissions, and fight to protect your future in Canada.