Appeals & Inadmissibility
Immigration, Refugees and Citizenship Canada
Immigration, Refugees and Citizenship Canada (IRCC) as well as Canada Border Services Agency (CBSA) officers are appointed with the examination of all persons and goods entering the country and if it is determined that foreign nationals are inadmissible (i.e. non-compliant with the immigration regulations, have particular health conditions, security, or criminal concerns, committed human rights violations, or misrepresented themselves in order that they obtain some immigration status in Canada) , these persons will either
- Be required to attend an admissibility hearing before the Immigration and Refugee Board; or
- Be issued a Removal Order by the Minister’s Delegate (MD); or
- Be allowed to withdraw their application to enter Canada at the port of entry or be allowed to leave voluntarily for in Canada cases and confirm their departure
Types of Removal Orders
There are three types of removal orders issued to Foreign Nationals and Permanent Residents, depending on the type of inadmissibility and severity of non-conformity. These removal orders are a Departure Order, Exclusion Order, and Deportation Order.
A Departure Order is the least severe of the three and usually requires the person to leave within 30 days of enforceability. A Departure Order generally will not require the person to obtain authorization to return to Canada (ARC). An Exclusion Order is more severe than a Departure Order but less than a Deportation Order. Here, a person will be barred to return to Canada for a period of time, usually 1 to 5 years, unless the person obtains an authorization to return (ARC). Deportation Orders are the most severe of the three orders and usually comes with a significant penalty. Those who receive a Deportation Order are permanently barred from entering Canada and can only do so with a written authorization (ARC).
It is important to note that misrepresentation (deliberately providing false information or omitting information for the purposes of entering or facilitating immigrating to Canada) will result in an Exclusion order and the person committing the fraud will be restricted from entering Canada for a period of 2 years unless they obtain a written authorization to return (ARC).
There are some instances where a foreign national has a right to appeal a removal order or a Refusal decision, and such appeals are heard at the Immigration and Refugee Board – IRB. The IRB hears appeals for Foreign Nationals, Permanent Residents, and Refugees/Protected Persons.
In some special cases, if a foreign national is found inadmissible due to criminality or health reasons, an officer may issue a TRP (Temporary Resident Permit) to allow the person entry on a temporary basis.
Our licensed consultants can assist in representing a person at the IRB for appealing Refusals/Removal Orders, Detention reviews, and Admissibility hearings.