In Canada, removal orders are legal documents issued by the Canadian government to foreign nationals or permanent residents who are found to be inadmissible or have violated immigration laws. Canada can expel individuals if they are related to violations of immigration laws, criminal activities, or security concerns. Here’s an overview of the processes and reasons for expulsion in Canada:
- Immigration Violations:
- Overstaying Visas: Individuals who overstay their authorized period of stay in Canada may face expulsion.
- Breach of Immigration Conditions: Failure to comply with the conditions of a visa or permit, such as working without authorization or not attending educational institutions as stipulated, can lead to removal.
- Criminal Offenses:
- Serious Criminality: Individuals convicted of serious criminal offences, including but not limited to, violent crimes, drug trafficking, or human trafficking, may be subject to removal.
- Criminal Inadmissibility: Individuals deemed inadmissible on criminal grounds, even if they have not been convicted in Canada, may face deportation.
- Security Concerns:
- National Security Threats: Individuals perceived as a threat to national security, including those involved in terrorism or espionage, can be expelled from Canada.
- Espionage: Individuals engaged in espionage activities or acting as foreign agents may face expulsion for endangering Canada’s security interests.
- Immigration Non-Compliance:
- Failure to Meet Residency Obligations: Permanent residents who fail to meet their residency obligations, such as residing in Canada for a minimum period of time, may be subject to refusal of entry at the border and have their PR revoked.
- Misrepresentation: Providing false information or misrepresenting facts in immigration applications can lead to removal if discovered.
- Removal Orders:
Immigration and Refugee Protection Act (IRPA): Under IRPA, immigration authorities have the power to issue removal orders against individuals who violate immigration laws or are deemed inadmissible to Canada.
Canada issues three types of removal orders:
- Departure Order (voluntary departure within a specified time frame) – If an individual commits a violent act in Canada and is deemed a threat to public safety or security, they may be detained by immigration authorities. Following detention, the individual may face deportation proceedings. A deportation order may be issued, mandating the individual’s removal from Canada. Depending on the severity of the violence and the individual’s immigration status, they may be deported to their home country or to a third country where they have citizenship or legal residence.
- Exclusion Order (ban on returning to Canada for a certain period) – In cases where an individual commits a violent act but is not detained or subject to deportation, they may still be issued an exclusion order. An exclusion order declares the individual inadmissible to Canada for a specified period. During this time, they are prohibited from entering or remaining in the country. The exclusion order may also include conditions such as reporting requirements to immigration authorities or restrictions on future attempts to enter Canada.
- Deportation Order (mandatory removal with the possibility of a ban on returning) – If an individual commits a violent act outside Canada but attempts to enter the country, they may be refused entry or deemed inadmissible upon arrival. Immigration officers have the authority to refuse entry to individuals who pose a risk to public safety or security based on criminal history or other factors. In such cases, the individual may be denied entry at the port of entry and required to return to their country of origin or departure.
- Appeals and Legal Recourse:
- Individuals facing expulsion may have the right to appeal the decision through various administrative and judicial channels, depending on the circumstances.
- Legal Representation: It’s advisable for individuals facing expulsion to seek legal representation to navigate the complex immigration processes and explore options for recourse or relief.
Anyone who obtains a removal order of any kind typically has 30 days to file an appeal with the Immigration Appeal Division (IAD).
To file a removal order appeal, you need to submit:
- A completed Notice of Appeal form.
- A copy of the removal order you received.
IAD may need anything from six months to two years to evaluate your appeal and render a decision, depending on how complicated the case is. IAD decides if the removal order you received was valid in terms of law, fact, or both. Even more than two years may be needed in extremely complex circumstances.
Committing a violent act in Canada can have serious consequences for an individual’s immigration status and their ability to remain in or enter the country. Depending on the circumstances, they may face detention, deportation, exclusion orders, or refusal of entry. Understanding the implications of their actions and seeking legal advice are crucial for individuals involved in such situations. Expulsion from Canada can occur for various reasons, including immigration violations, criminal activities, and security concerns. Immigration authorities have the power to issue removal orders against individuals deemed inadmissible or in violation of immigration laws. Understanding one’s rights, seeking legal advice, and complying with immigration regulations are essential to navigating potential removal scenarios in Canada.
