Removal Order: Departure Order, Exclusion Order, and Deportation Order

In the Canadian immigration system, when an individual no longer qualifies to remain in Canada or violates the Immigration and Refugee Protection Act (IRPA), the competent authority may issue a deportation order.

There are three main types of removal orders :

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

Each type of order carries completely different legal implications and consequences. Understanding the correct type of order you receive is crucial to avoiding serious repercussions later on.

1) Departure Order (Order to leave Canada)

A Departure Order requires the party concerned to:

• Leave Canada within 30 days of the order taking effect; and
• Confirm your departure from Canada with the Canada Border Services Agency (CBSA) at the port of departure.
• Legal significance: A Departure Order is the least serious type of deportation order in the Canadian immigration system.

If you comply:

• You must leave Canada within 30 days;
• You have a Certificate of Departure certified by CBSA;
• ➡️ In that case, you are not prohibited from returning to Canada, and you do not need to apply for Authorization to Return to Canada (ARC) if you later meet the entry requirements (e.g., have a valid visa).

If you do not comply:

• Do not leave Canada for 30 days, or
• Leaving Canada but not confirming with CBSA.
• ➡️ According to Canadian government regulations, a Departure Order will automatically become a Deportation Order (permanent deportation order). This is a very serious legal risk that many people do not anticipate.

2. Exclusion Order - Temporary Entry Ban

An Exclusion Order requires the party concerned to:

• Leaving Canada, and
• You are not allowed to return to Canada for a certain period of time.
• Duration of entry ban:
  • 12 months in most cases;
  • 5 years if the order was issued due to misrepresentation (false declaration, concealment of information).
• After the ban expires, if you have left Canada legally and have a Certificate of Departure, you can apply to return to Canada without an ARC. If you need to return sooner than the deadline, you are required to apply for an Authorization to Return to Canada (ARC).

3. Deportation Order - Permanent Deportation Order

According to the Canadian government, a Deportation Order is the most severe type of deportation order, requiring:

• Leaving Canada; and
• Banned from returning to Canada indefinitely.
• Legal consequences: regardless of how long it takes, if you want to return to Canada, you will always have to apply for an ARC.
• The applicant's immigration file will be subject to very close scrutiny in subsequent applications.

When you receive a deportation order, how can an immigration lawyer assist you?

Under Canadian law, a deportation order is not just an administrative procedure; it directly relates to your legal rights, your ability to appeal, and your long immigration history.

1. Accurately analyze the type of order and its legal consequences.

Immigration lawyers can:

• Identify the exact type of removal order you received;
• Explain the short-term and long-term legal consequences under the law;
• Assess the risk of the order being upgraded (e.g., from Departure Order to Deportation Order).

2. Assessing the likelihood of an appeal or review of the decision.

• Depending on the specific circumstances, a lawyer can determine whether you have the right to appeal under Canadian law;
• Assess your ability: Appeal at the Immigration Appeal Division (IAD); or seek judicial review at the Federal Court.
• Not every case is eligible for appeal, and misidentifying the legal path can permanently deprive you of the right to appeal.

3. Request a temporary suspension of the order's execution (if eligible).

• In some cases, lawyers may request a stay of removal while the appeals process is underway, or before a decision is made by the federal court.

4. Ensure you comply with regulations to protect your immigration future.

• Even without an appeals pathway, lawyers play a crucial role in guiding you through a legal departure from Canada, ensuring confirmation of departure with the CBSA, and avoiding mistakes that could lead to a permanent Deportation Order.

The difference in roles between an immigration lawyer and RCIC in this case.

A lawyer can:

• Analyzing and debating legal issues;
• Represented in the Federal Court;
• Please stay of removal.

RCIC:

• Primarily handles administrative paperwork;
• No litigation in federal court.

Therefore, when a removal order is in place, especially if there is a risk of a Deportation Order, an immigration lawyer is often the more appropriate choice.

👉 Please contact KeyApply offices immediately by phone, email, or direct message on the website. In case of emergency, please call our hotlines for prompt assistance.

KeyApply connects clients with carefully selected, experienced, ethically sound immigration lawyers who are capable of handling cases related to deportation orders, appeals, and re-entry into Canada in accordance with the law.

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