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Stay of Removal

There are three kinds of removal order which can be issued to non-citizens residing in Canada, and each type of removal order carries with it separate consequences:

  1. Deportation Order
  2. Exclusion Order
  3. Departure Order

cbsaA deportation order deems an individual “permanently barred” from Canada; they will be arrested by Canada by the Canada Border Service Agency and removed from Canada.  An exclusion order prevents an individual from returning to Canada within a specified period of time (usually 1 or 2 years). A departure order allows an individual to voluntarily leave Canada within 30 days after which it becomes a deportation order.

An individual can receive a removal order in a variety of circumstances. These include: asylum seekers who have had their refugee claims rejected, visitors who breach the conditions of or overstay a visa, permanent residents convicted of criminal offences, and failed permanent resident applicants who applied from inside Canada.

Permanent residents who have been issued a removal order have the option of appealing this decision to the Immigration Appeal Division (IAD). In some cases the order is neither allowed nor withdrawn, and instead is stayed. A stay suspends the enforcement of a removal order for a period of time and usually attaches case appropriate conditions. Typical conditions include:

  • Regular reporting to the CBSA
  • Keeping the peace and good behaviour, and
  • Making reasonable efforts to seek and maintain full-time employment.

At the end of the court-specified period, the appeal of the removal order is re-evaluated at which point the appeal can be allowed, dismissed, or the stay can be extended.

A second way to obtain a stay of a removal order is through the Federal Court. Here, a motion is submitted to the court requesting an individual’s removal be temporarily suspended on specific grounds including: that the individual faces serious harm in the country of their citizenship, they are involved in an ongoing judicial process, or they have an application for permanent residence which has yet to be processed.

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