How Canada Handles Deportation: Laws, Process, and Appeals

Introduction

Canada is famous for its open-door immigration policy, yet it has tough laws that it uses to secure the nation and enforce immigration policies. Once a person contravenes the immigration laws, he or she is deported or removed from Canada. The legislation that governs deportation is under the Immigration and Refugee Protection Act (IRPA) and is done by the Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC).

This paper provides an in-depth understanding of deportation in Canada, such as the law, grounds for removal, process of deportation, right of appeal, and the possible ways to return after deportation.

 

1. What is Deportation in Canada?

A. Definition of Deportation

Deportation is the formal process by which Canada removes a non-citizen from Canada due to immigration crimes, criminal activity, or security threats. A deportation order means that the individual must leave Canada and may not return without certain permission.

B. Who Can Be Deported?

Canada is able to deport individuals who:

✔ Remain beyond their visa or violate immigration requirements.

✔ Come into Canada illegally.

✔ Commit criminal acts in Canada.

✔ Provide false details or forged documents.

✔ Considered to be a threat to national security.

Canadian citizens cannot be deported at all, but permanent residents and temporary residents can be removed under certain circumstances.

 

2. Canadian Laws Governing Deportation

A. Immigration and Refugee Protection Act (IRPA)

The IRPA is the primary legislation that governs immigration, protection of refugees, and deportation in Canada. It gives the Canada Border Services Agency (CBSA) the authority to remove individuals who violate immigration laws.

B. Canada Border Services Agency (CBSA)

The CBSA is also tasked with enforcing removal orders, detaining individuals subject to deportation, and controlling border security.

C. Types of Removal Orders

There are three removal order types in Canada:

Type of Removal Order	Description	Can You Return to Canada?
Departure Order	Individual must leave Canada within 30 days.	Yes, if they leave on time and notify CBSA.
Exclusion Order	Bans re-entry for 1 to 5 years.	Yes, following the prohibition duration or with authorization in writing.
Deportation Order	Permanently sent away from Canada	No, unless having special permission granted (Authorization to Return to Canada - ARC).

Those who disobey a departure order can automatically be converted into a deportation order.

 

3. Reasons for Deportation in Canada

A. Immigration Violations

✔ Exceeding the terms of a visa.

✔ Working without a valid work permit.

✔ Violation of the conditions and terms of a work or study permit.

B. Criminal Activity

✔ Conviction for serious crime (e.g., drug trafficking, violent offenses).

✔ Repeated minor offenses.

✔ Organized crime or fraud involvement.

C. Misrepresentation & Fraud

✔ Issuing false documents for use in visa applications.

✔ Giving false information to immigration officers.

✔ Marriage fraud (marriage for the purpose of immigration).

D. Security & Human Rights Violations

✔ Involvement in terror activities.

✔ War crimes or genocide connection.

✔ Public security in Canada is compromised.

The CBSA and IRCC extensively investigate before issuing removal orders.

 

4. The Deportation Process in Canada

A. Investigation & Decision

1. Immigration authorities identify an immigration violation (e.g., expired visa, criminal charge).
2. CBSA or IRCC send out a removal order.
3. The individual is advised of the deportation and may have a chance to appeal.

B. Immigration Hearing (If Required)

• In the case of a complex case, the Immigration and Refugee Board (IRB) would conduct a hearing.
• The individual may submit evidence, hire an attorney, and ask to be spared deportation.

C. Detention & Deportation

• Some individuals liable for deportation may be detained (for instance, if they pose a flight risk).
• CBSA arranges travel documents and flights for deportation.

D. Forced Removal from Canada

• CBSA ensures that the individual leaves Canada under supervision.
• The person has to adhere to the terms of the removal order in case they are deported.

 

5. Can You Appeal a Deportation Order?

Yes, some persons can appeal their removal order using legal procedures. The appeal procedure varies with the reason for deportation.

A. Who Can Appeal?

✔ Permanent Residents can appeal deportation to the Immigration Appeal Division (IAD).

✔ Refugee claimants can ask for protection based on humanitarian and compassionate reasons.

✔ Those who have family connections in Canada can ask for reconsideration.

B. Who Cannot Appeal?

❌ Those who have been convicted of major crimes (over six months sentences).

❌ Those who are suspected of national security threats or war crimes.

C. How to Appeal a Removal Order

1. Submit an appeal to the Immigration Appeal Division (IAD) within the deadline.
2. Go for a hearing and offer evidence.
3. In the event of the appeal succeeding, deportation is canceled.
4. In case of denial of appeal, deportation continues as scheduled.

D. Pre-Removal Risk Assessment (PRRA)

Certain persons can apply for a PRRA if they expect to be persecuted or in harm's way within their country. If approved, deportation can be stopped.

 

6. Can You Go Back to Canada After Being Deported?

A. Authorization to Return to Canada (ARC)

Those deported or who had an exclusion order need to make an application for Authorization to Return to Canada (ARC) for re-entry.

B. Requirements for ARC Approval

✔ Present sound grounds for re-entry (e.g., family sponsorship, work permit).

✔ Display good behavior and no additional breaches of the law.

✔ Produce proof of rehabilitation (if the case applies).

Those with a permanent deportation order need to seek ARC approval prior to applying for any new visa.

 

7. Avoiding Deportation: Legal Tips

A. Follow Immigration Laws

✔ Update visa and work permits.

✔ Follow travel and residency regulations.

B. Apply for Extensions on Time

✔ When a visa is about to expire, seek an extension or new status before its expiration.

C. Obtain Legal Assistance Early

✔ Visit an immigration lawyer in cases of potential deportation.

✔ Check and Search for immigration guidelines from official government portals.

D. Consider Humanitarian & Compassionate Grounds

✔Should deportation result in challenges, petition to be viewed with humanitarian and compassionate (H&C) claims.

 

Conclusion

Deportation from Canada is a severe legal process governed by strict immigration legislation. Individuals may be removed due to immigration violations, criminality, fraud, or security concerns. The CBSA and IRCC handle deportation situations and the involved individuals can seek an appeal by way of the Immigration Appeal Division or the Pre-Removal Risk Assessment (PRRA).

For those deported, entering Canada again requires an Authorization to Return to Canada (ARC). To avoid deportation, one must abide by immigration regulations, seek extensions in a timely manner, and seek legal assistance if necessary.

Understanding Canada's deportation process and rights ensures individuals undergo the necessary steps to protect their legal status and pursue all available options.

 

Declaration:

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources prior to making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. Immigration and Refugee Protection Act (IRPA) – www.canada.ca
2. Canada Border Services Agency (CBSA) – www.cbsa-asfc.gc.ca
3. Immigration, Refugees and Citizenship Canada (IRCC) – www.canada.ca/en/immigration-refugees-citizenship
4. Immigration Appeal Division (IAD) – www.irb.gc.ca
5. Pre-Removal Risk Assessment (PRRA) – www.canada.ca