In Canada, deportations are done through removal orders. There are three types of removal orders:
- A departure order
- An exclusion order
- A deportation order
This type of order asks the person to leave Canada within 30 days after the order comes into effect. The person also has to confirm their departure with the Canada Border Services Agency.
This order is a bit more serious than the departure order. You may be issued an exclusion order if you’ve committed a non-criminal, non-serious immigration violation.
If you’ve been issued an exclusion order, you cannot return to Canada for one year without the written authorization of an immigration officer.
It’s more serious if you have been issued an exclusion order for misrepresentation, then you cannot return without written permission from an officer for five years.
A deportation order is the most serious removal order of the three. With this type of order, the person is permanently forbidden to return to Canada.
Usually people who have been ordered deported can only be allowed in if they get written permission from an immigration officer. However, as a deportation order is issued if there are serious criminality or human rights violations, it may be difficult to get that permission.
A departure order can turn into a deportation order if the person who has been asked to leave Canada doesn’t leave or if they failed to confirm their departure with Canada Border Services Agency.
Pre-risk removal application
Before you are forced to leave Canada, and you are facing risk if you return home, you may be eligible for a PRRA for a stay of removal.
However, you cannot apply for a PRRA unless the CBSA has let you know that you can apply for one by issuing you a Notification Regarding a Pre-Removal Risk Assessment.
There are very strict time and other guidelines you must follow in order for your PRRA to be considered.
If your PRRA is rejected, then you have to leave Canada in the timeline indicated by the CBSA, though rejected applicants may ask the federal court to review the PRRA officer's decision.
Who can be removed?
In general, a Canadian citizen cannot be removed, because he or she has citizenship.
However, a few years ago the Strengthening Canadian Citizenship Act was passed which allowed for the revocation of Citizenship under certain conditions, such as when a citizen has dual citizenship and is accused of terrorism or treason. However, there is a new bill in front of parliament that is seeking to repeal some of the requirements under the act. As of late 2016 it hasn't been passed yet, but it likely will in 2017.
If you have been issued a removal or deportation order, see an immigration lawyer as soon as possible.
Immigration and Citizenship Canada
How a criminal conviction can lead to deportation CLEO