Removal Order Appeals

If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD) in order to explain why you should be able to stay in Canada.
Removal Orders are issued by:

  • The Immigration Division (ID) or Immigration Appeal Division (IAD) when the case or claim is denied and an Order is issued.
  • Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination​ (non-compliance) at port of Entry.
  • Refugee Protection Division RPD or Refugee Appeal Division when an individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after the refusal of the refugee claim.

There are three types of Removal Orders:

  • Departure Order –a departure order requires that you leave Canada within 30 days, while you exit you must confirm your departure with the CBSA. If you do not leave Canada within the 30 days, the departure order will become a deportation order.
  • Exclusion Order – an exclusion order requires that you leave Canada, confirm your departure with the CBSA while leaving. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada mostly for one years and five years in case of misrepresentation.
  • Deportation Order – a deportation order requires that you leave Canada, confirm your departure with the CBSA while leaving, failing which the CBSA will arrange for your removal from Canada. If you want to return to Canada at latter stage you will require an Authorization to Return to Canada (ARC).

Removal Orders, in all cases, require that you leave Canada. If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal.

If your application for Refugee Claim of your previous application for PRRA was rejected, refused, abandoned or withdraw, you are not eligible to apply unless 12 months have passed.

You have 30 days after receiving the removal order to appeal to the IAD.

To file a removal order appeal, you must submit to the IAD:

  • A copy of the removal order you received.

If you are ordered to leave Canada within the last 30 days, come to us immediately. Our professionals will help you and ensure that the entire Removal Order Appeals process is simple and hassle-free for you.

PRRA (Pre-removal Risk Assessment) is an application to remain in Canada on the basis that a person would be at risk of physical harm if they get deported to their country of nationality. People who have been found to be a danger to the Canadian public are not eligible for a PRRA. Also, unsuccessful refugee claimants are not eligible a PRRA unless more than a year has lapsed from the rejection of their claim.

A person must first be served with a PRRA order by CBSA (Canada Border Services Agency). PRRA is meant to be completed as a final procedure prior to the execution of a deportation order. Canada Border Services Agency [CBSA] must provide an individual with the opportunity to make a risk assessment.

PRRA application must be based on evidence that was not previously available at the time that a person’s refugee claim protection was heard. A PRRA is not meant to be an appeal of a refugee decision, nor is it an opportunity for a second decision maker to review and re-examine evidence that was already before the Refugee Protection Division or the Refugee Appeal Division. 

If your application for a PRRA is successful, you will be entitled to become a permanent resident of Canada as a protected person. This status is the same as an individual who has won their refugee claim.

If your PRRA has been rejected, you may still have an opportunity to seek judicial review of the refusal of your application at the Federal Court of Canada. Given that a PRRA refusal usually is succeeded by the execution of the removal order, may be necessary to file an application to stay the execution of the removal of your removal order in the Federal Court.

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