Removal Orders – Departure / Exclusion / Deportation

Removal orders are among the most severe enforcement actions under Canada’s immigration system. They are issued when a foreign national or permanent resident is found inadmissible under the Immigration and Refugee Protection Act (IRPA). A removal order can take the form of a Departure Order, Exclusion Order, or Deportation Order. Each carries different legal consequences, re-entry rules, enforcement mechanisms, and long-term immigration impacts. Removal orders may arise from criminality, misrepresentation, residency obligation breaches, security concerns, medical inadmissibility (rare), or non-compliance with IRPA. Let's have an exhaustive lawyer-grade analysis of removal orders, appeal rights, procedural fairness, stays of removal, CBSA enforcement, voluntary compliance, ARC requirements, and Federal Court litigation strategies.

A removal order does not automatically mean physical removal. Many individuals can challenge the basis for inadmissibility, seek a stay of removal, appeal to the Immigration Appeal Division (IAD), pursue humanitarian and compassionate (H&C) relief, or file for judicial review. Skilled counsel plays a key role in ensuring procedural fairness and advocating for clients facing removal.

Types of Removal Orders

1. Departure Order (IMM 5238)

A Departure Order requires the individual to leave Canada within 30 days and confirm departure with CBSA. If done correctly, the individual may return later without requiring special authorization.

Consequences if Complied With

• no ban on re-entry,
• no ARC required,
• future applications assessed normally.

Consequences if NOT Complied With

If the person fails to leave within 30 days or does not verify departure with CBSA, the Departure Order automatically becomes a Deportation Order.

2. Exclusion Order (IMM 1214B)

An Exclusion Order bars re-entry to Canada for:

• 1 year – general grounds (e.g., overstaying, unauthorized work),
• 2 years – misrepresentation (s.40).

Re-Entry Requirements

• Certificate of Departure confirming proper exit,
• ARC required if returning before the ban expires or if departure was not verified.

3. Deportation Order (IMM 5238B)

A Deportation Order permanently bars re-entry unless the person obtains an Authority to Return to Canada (ARC). Deportation Orders apply in serious cases, including:

• serious criminality,
• failure to comply with a previous removal order,
• security or organized criminality concerns,
• repeat immigration violations.

Re-Entry Requirements

• ARC is mandatory,
• ARC applications require strong justification and risk assessment,
• CBSA conducts background checks before approval.

Grounds Leading to Removal Orders

Removal orders may be issued for violations of IRPA, including:

• criminal inadmissibility,
• misrepresentation,
• medical inadmissibility (rare),
• failure to meet residency obligation (PRs),
• overstaying temporary status,
• unauthorized work or study,
• security issues,
• human rights violations,
• organized criminal activity.

Who Issues Removal Orders?

• IRCC – for visa refusals and inland violations,
• CBSA – for enforcement and removals,
• Immigration Division (ID) – after admissibility hearings.

Admissibility Hearings (ID)

When CBSA alleges inadmissibility, the case proceeds to the Immigration Division. The ID determines whether the person is inadmissible. It may issue:

• a Departure Order,
• a Deportation Order,
• no order (if inadmissibility is not proven).

Hearings involve evidence, witnesses, legal submissions, and cross-examinations. Skilled representation is crucial.

Appeal Rights (IAD)

Certain individuals can appeal removal orders to the Immigration Appeal Division. Appeal rights depend on status and type of inadmissibility.

Who Can Appeal?

• Permanent Residents (except serious criminality),
• Protected persons (limited circumstances),
• Sponsored family members (in sponsorship refusals).

Who CANNOT Appeal?

• Foreign nationals,
• Permanent residents convicted of serious criminality (6+ month sentence),
• Security, human rights, or organized criminality cases.

Types of IAD Appeals

• Legal challenges – errors in ID decision,
• H&C appeals – hardship, establishment, best interests of children,
• Discretionary relief – rehabilitation, remorse, long-term residence.

Stays of Removal

A stay temporarily halts enforcement of a removal order. Stays may be granted by:

• IAD – during a pending appeal,
• Federal Court – while a judicial review application is heard,
• CBSA – discretionary, often in medical or humanitarian emergencies.

Stay Motion (Federal Court)

To succeed, an applicant must prove:

• serious issue to be determined,
• irreparable harm if removed,
• balance of convenience favours the applicant.

Authority to Return to Canada (ARC)

ARC is required for individuals who:

• failed to comply with a Departure or Exclusion Order,
• were issued a Deportation Order,
• lost PR status after a final removal order.

ARC Considerations

• reason for original removal,
• time since removal,
• current immigration purpose,
• risk assessment,
• financial responsibility,
• compliance history.

Voluntary vs. Forced Removal

Individuals may comply voluntarily, reducing future immigration difficulties. Forced removal typically involves:

• CBSA escorts,
• strict documentation,
• potential cost recovery orders.

Voluntary compliance is always preferable.

Procedural Fairness Before Removal

IRCC or CBSA must provide procedural fairness when:

• alleging inadmissibility,
• issuing a removal order (in certain contexts),
• scheduling enforcement,
• reviewing deferral requests.

Failure to provide fairness justifies judicial review.

Judicial Review of Removal Orders

Federal Court may intervene where:

• ID or IAD decisions are unreasonable,
• charter rights are impacted,
• procedural fairness is breached,
• evidence is improperly weighed or ignored.

Commonly litigated issues include:

• residency obligation misinterpretations,
• equivalency errors in criminal cases,
• misrepresentation materiality,
• poorly reasoned decisions.

Humanitarian and Compassionate (H&C) Relief

H&C applications may provide relief from removal where:

• children are affected,
• applicant has strong establishment,
• medical or hardship factors exist.

The Role of Skilled Counsel

Removal order cases require sophisticated legal strategy. Counsel plays a critical role in:

• challenging inadmissibility,
• preparing stay motions,
• appealing at the IAD,
• drafting ARC submissions,
• negotiating with CBSA,
• litigating at Federal Court.

With strong legal representation, many individuals avoid deportation, obtain stays, or secure long-term solutions that allow them to remain in or return to Canada.