Removal Orders

A removal Order is a order  issued by CBSA which requires a person to exit Canada due to violations pertaining to IRPA. The relevant provisions pertaining to the three types of removal orders are outlined in articles 223-226 IRPR. If you have been the subject of a Deportation Order you will need to apply for an ARC (Authorization to Return to Canada)

Removal Orders may be issued due to following reasons

• 1. The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and so issues an Order
• 2. A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination, or
• 3. An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim

If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences to your present time in Canada and any future time, and whether you can challenge the decision. In all cases, time is of the essence.

There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). These are Departure Orders, Exclusion Orders and Deportation Orders. The form number on the Removal Order indicates what type of order you received.

• With a Departure Order (  form no IMM 5238), you must leave Canada within 30 days after the order takes effect.
  • You must also confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.
  • If you leave Canada after 30 days or do not confirm your departure with the CBSA, your Departure Order will automatically become a Deportation Order. In order to return to Canada in the future, you must obtain an Authorization to Return to Canada (ARC).
• With an Exclusion Order (  form no  IMM 1214B) you cannot return to Canada for one year.
  • If you do wish to return before the 12 months have passed, you must apply for an ARC.
  • If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years.
  • If the CBSA paid for your removal from Canada, you must repay that cost.
• With a Deportation Order ((form number IMM 5238B), you are permanently barred from returning to Canada and cannot return unless you apply for an ARC.
  • If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return