In the complicated landscape of immigration, the issuance of a deportation order can be a daunting setback. However, for those facing this situation in Canada, there are ways to successfully appeal and chart a course towards a secure future. This article examines the process of overcoming removal orders and highlights the options available to individuals who are determined to remain in the country they now call home.
Understanding Removal Orders
A removal order is a legal directive issued by the Canada Border Services Agency (CBSA) requiring a person to leave the country. There are three types of removal orders:
Departure Order: This order requires an individual to leave Canada within a specified period of time. There are no financial or legal penalties associated with this order, but failure to comply may result in a ban on return for up to one year.
Exclusion Order: Individuals who receive an exclusion order must leave Canada and are prohibited from returning for a specified period of time, usually two to five years. Reentry during this period requires permission from an immigration officer.
Deportation Order: The most serious of the three, a deportation order mandates the removal of a person with a serious criminal conviction. Individuals facing deportation may be permanently banned from re-entering Canada.
Seeking a remedy
There are several avenues of appeal for those wishing to overturn or challenge a deportation order:
Appeal to the Immigration Appeal Division (IAD): Depending on the type of removal order, individuals may have the right to appeal to the IAD. This involves providing evidence and arguments as to why the order should be revoked or suspended.
Pre-Removal Risk Assessment (PRRA): On humanitarian and compassionate grounds, people facing deportation can apply for a PRRA, which assesses the risk they would face if deported to their home country.
Application for Judicial Review: If an appeal or PRRA is unsuccessful, individuals can apply to the Federal Court for judicial review. This involves a legal examination of the decision-making process to ensure that it was fair and in accordance with the law.
Temporary suspension of deportation: In certain cases, individuals can apply for a temporary stay of removal, which would allow them to remain in Canada while their case is reviewed.
Legal representation and timely action
Navigating the process of overturning a deportation order can be complex and demanding. Legal representation is often essential to ensure that all available appeals are explored and arguments are effectively presented. Time is of the essence as there are strict time limits for filing appeals and applications for review.
A way forward
While a removal order can be distressing, it is not necessarily the end of the road. Canada’s immigration system recognises the complexities and uncertainties faced by individuals and provides mechanisms for redress. By understanding the options available and seeking professional assistance, individuals can work towards securing a future in the country they have come to call home.
Remember, the road to overcoming a removal order can be challenging, but with determination, legal advice and the pursuit of available remedies, individuals can find a path to stability and a fresh start in Canada.
