Failure to leave Canada at the end of the authorized period of stay or a failure to report for removal can lead to the issuance of a Canada-wide warrant of arrest against a foreign national in Canada.
If you fail to appear for a removal interview or a scheduled removal date, the Canada Border Services Agency (CBSA) will issue and execute a Canada-wide warrant for your arrest. Once arrested, the CBSA may detain you in a holding facility before removal.
If you are a refugee claimant, you will receive a conditional Removal Order. If your refugee claim is accepted, the Removal Order will not be enforced. If you become a permanent resident of Canada the Removal Order will be void. If your refugee claim is rejected, the Removal Order will then come into force. Once all avenues of recourse are exhausted, you must leave Canada immediately.
In the case of ๐๐ฃ๐ข๐ฏ๐ฌ๐ด ๐ท. ๐๐ข๐ฏ๐ข๐ฅ๐ข (๐๐ช๐ต๐ช๐ป๐ฆ๐ฏ๐ด๐ฉ๐ช๐ฑ ๐ข๐ฏ๐ฅ ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ), 2023 ๐๐ 240, the applicant entered Canada on a Temporary Resident Visa, which expired. The applicant made an unsuccessful H&C application in Canada after 3 years, and a refugee claim that was also rejected. The applicant failed to appear for removal as scheduled. The applicant submitted a second H&C application, which was also refused and then sought judicial review of that negative decision. At the date of the hearing of the application for judicial review, a warrant for the applicantโs arrest was outstanding.
The court found that the applicant had unclean hands and dismissed the application for judicial review for that reason. In this case, the warrant for the applicantโs arrest had remained unexecuted for eight years, which meant that the applicant had spent a substantial amount of time flouting Canadian law.
In ๐๐ข๐ฏ๐ข๐ฅ๐ข (๐๐ช๐ฏ๐ช๐ด๐ต๐ฆ๐ณ ๐ฐ๐ง ๐๐ช๐ต๐ช๐ป๐ฆ๐ฏ๐ด๐ฉ๐ช๐ฑ ๐ข๐ฏ๐ฅ ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ) ๐ท ๐๐ฉ๐ข๐ฏ๐ข๐ฃ๐ข๐ญ๐ข๐ด๐ช๐ฏ๐จ๐ฉ๐ข๐ฎ, 2006 ๐๐๐ 14, the Federal Court of Appeal instructs that, where an applicant comes to the Court with unclean hands, the Court should consider various factors to determine whether the application should be heard regardless.
The factors to be taken into account in this exercise include: the seriousness of the applicant’s misconduct and the extent to which it undermines the proceeding in question, the need to deter others from similar conduct, the nature of the alleged administrative unlawfulness and the apparent strength of the case, the importance of the individual rights affected and the likely impact upon the applicant if the administrative action impugned is allowed to stand.
The individual rights at issue and the likely impact on the Applicant are important considerations that are always made by the Court in any given case.
๐๐ฎ๐ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐๐ฎ๐๐ถ๐ฑ ๐๐ฏ๐ฒ๐ฎ๐๐๐ฐ๐ต๐ถ is a Toronto based law firm with a trained immigration attorney, excited to take you through the immigration documentation process to ensure it is as seamless as possible. Get it right this time!
๐ฅ๐ฒ๐พ๐๐ฒ๐๐ ๐ฎ ๐ฐ๐ผ๐ป๐๐๐น๐๐ฎ๐๐ถ๐ผ๐ป ๐ป๐ผ๐.
๐๐ฐ๐ต๐ฆ: ๐๐ฉ๐ฆ ๐ค๐ฐ๐ฏ๐ต๐ฆ๐ฏ๐ต ๐ฐ๐ฏ๐ญ๐บ ๐ฑ๐ณ๐ฐ๐ท๐ช๐ฅ๐ฆ๐ด ๐ข ๐จ๐ฆ๐ฏ๐ฆ๐ณ๐ข๐ญ ๐จ๐ถ๐ช๐ฅ๐ฆ ๐ต๐ฐ ๐ต๐ฉ๐ฆ ๐ด๐ถ๐ฃ๐ซ๐ฆ๐ค๐ต ๐ฎ๐ข๐ต๐ต๐ฆ๐ณ. ๐๐ฆ๐จ๐ข๐ญ ๐ข๐ฅ๐ท๐ช๐ค๐ฆ ๐ด๐ฉ๐ฐ๐ถ๐ญ๐ฅ ๐ฃ๐ฆ ๐ด๐ฐ๐ถ๐จ๐ฉ๐ต ๐ง๐ฐ๐ณ ๐ฃ๐ฆ๐ต๐ต๐ฆ๐ณ ๐จ๐ถ๐ช๐ฅ๐ข๐ฏ๐ค๐ฆ, ๐ณ๐ฆ๐ญ๐ข๐ต๐ช๐ท๐ฆ ๐ต๐ฐ ๐บ๐ฐ๐ถ๐ณ ๐ค๐ช๐ณ๐ค๐ถ๐ฎ๐ด๐ต๐ข๐ฏ๐ค๐ฆ.
