Refugee Applications and Removal Orders
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.
If you fail to appear for a removal interview or a scheduled removal date, the CBSA will issue a Canada-wide warrant for your arrest. Once arrested, the CBSA may detain you in a holding facility before removal. In order to ensure you leave Canada, the CBSA may assign an escort officer to accompany you on your departure.
There are a variety of reasons that can prevent a removal order from being enforced in an expeditious manner, including:
Appeals and legal proceedings – The individual appeals the removal order or is involved in other legal proceedings.
Claims for protection – The individual may be eligible to make an application for a Pre-Removal Risk Assessment (PRRA) and if so, removal cannot proceed until a final decision has been rendered on this application.
Travel documents – The CBSA may have trouble obtaining passports to allow the individual to enter another country.
Identity – The individual’s identity or citizenship cannot be confirmed.
Failure to appear – The individual does not appear for removal at the proper time or location, and the CBSA will issue an immigration arrest warrant.
Administrative deferral of removals (ADR) – The ADR is meant to be a temporary measure when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. The ADR is not meant to address persistent and systematic human rights problems which constitute individualized risk. Once the situation in a country stabilizes the ADR is lifted and the CBSA resumes removals for individuals who are inadmissible to Canada and have a removal order in effect. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the ADR. An ADR is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, and Haiti.
Temporary suspension of removals (TSR) – The TSR program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the TSR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the ADR are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.
If you cannot be removed from Canada because an ADR or a TSR has been imposed, you could be eligible to apply for a work permit or a study permit.
Removal from Canada involves a complex legal process therefore you are advised to consult an immigration attorney for a case specific analysis of the peculiarities of your situation and the available options.
Law Office of David Ibeawuchi 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!
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Note: The content only provides a general guide to the subject matter. Legal advice should be sought for better guidance, relative to your circumstance.
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