If a person receives a Removal Order from Canada, then legally he has to leave the country. His removal can be immediate or can be delayed if the person appeals against the decision. The Canada Border Services Agency (CBSA) or the Immigration, Refugees, and Citizenship Canada (IRCC) issues Removal Orders of three types. These include Exclusion Orders, Departure Orders, and Deportation Orders.
Types of Removal Order- Departure, Exclusion, and Deportation Order
- If you receive a Departure Order you have to leave the country within a month from the date the order comes into effect.
- You must communicate your departure from Canada to the CBSA at the exit point. It is necessary to follow this protocol to ensure that you can return to Canada in the future if you fulfill the entry requirements.
- In the case you do not leave the country within 30 days or do not confirm leaving the country to the CBSA, the officials will convert your Departure Order into a Deportation Order. And if that happens you will require an Authorization to Return to Canada (ARC) in the future.
- A person receiving an Exclusion Removal Order cannot return to Canada at least for one year.
- In the case you wish to come back to the country within 12 months you will have to apply for an ARC.
- A person who received an Exclusion Order for misrepresentation cannot return to Canada for a minimum of 5 years.
- Also, if the payment for your removal has been made by CBSA, you have to repay the amount.
A person receiving a Deportation Order cannot return to Canada unless he applies for ARC. It is a sort of permanent prohibition.
What Happens If You Fail To Leave Canada After Removal Order?
After receiving a Removal Order you have the option to appeal to the Immigration and Refugee Board of Canada (IRB). You can also ask the Federal Court of Canada to review the decision judicially. In case you are a refugee, then the CBSA will serve you conditional Removal Order. In such cases, if the authorities accept your refugee claim then the order will not come into force. Also if you receive permanent residency then the order will become void. But if the refugee claim is rejected then you will not have any other option but to leave the country immediately.
For some reason, if you fail to leave the country within 30 days then CBSA will arrest you after issuing a Canada-wide warrant. The officials can detain or hold you in a holding facility before finally arranging for your departure.
Of course delays in the implementation of a Removal Order may happen in certain cases. These can be because of legal appeals and proceedings, temporary suspension of the removals, claims for protection, document issues, and more.