225
3
Process and
Procedure
I. Removal Orders .......................................... 226
II. Section 44 Reports ........................................ 251
III. The Immigration Division: Admissibility Hearingsand
Detention Reviews ........................................ 264
IV. The Immigration Appeal Division ............................ 357
© [2022] Emond Montgomery Publications. All Rights Reserved.
226 Inadmissibility and Remedies
I. Removal Orders
A. Introduction
Removal orders are the end result of enforcement action initiated against temporary
residents (including refugee claimants and protected persons) and permanent resi-
dents (PR) and PR visa holders that are in Canada. However, the issuance of a removal
order is not necessarily the end of their status in Canada, nor does it necessarily mean
that they can never return to Canada after the removal order has been enforced.
It is essential for every practitioner that deals with immigration inadmissibility and
the enforcement regime to understand the following:
• the different types of removal orders;
• when and in what circumstances the specified removal order is issued;
• the relevant decision-maker;
• enforcement and the enforceability of removal orders;
• stays of removal orders, including statutory, administrative, and judicial stays;
and
• removal, departure, and return.
The removal order regime enforcement is complex and, understandably, results in
stress and anxiety for the person concerned.
Counsel should refer to division 5 of the Immigration and Refugee Protection Act,1
“Loss of Status and Removal,” and have regard to part 13 of the Immigration and
Refugee Protection Regulations,2 “Removal.” Division 1 sets out the different types of
removal orders, division 2 sets out the specified removal order arising from the par-
ticular circumstances, division 3 provides the framework of legislative stays of removal
orders, and division 4 sets out the enforcement of removal orders.
The relevant manuals include ENF 6: Review of Reports Under Subsection 44(2)3 and
ENF 10: Removals.4
1 SC 2001, c 27 [IRPA].
2 SOR/2002-227 [IRPR].
3 IRCC (Ottawa: IRCC, 2020), online (pdf ): <https://www.canada.ca/content/dam/ircc/
migration/ircc/english/resources/manuals/enf/enf06-eng.pdf>.
4 IRCC (Ottawa: IRCC, 2017), online (pdf ): <https://www.canada.ca/content/dam/ircc/
migration/ircc/english/resources/manuals/enf/enf10-eng.pdf>.
© [2022] Emond Montgomery Publications. All Rights Reserved.
Chapter 3 Process and Procedure 227
B. Types of Removal Orders
There are three types of removal orders: departure, exclusion, and deportation
orders.5 A removal order made against an individual could also be deemed to apply to
family members in Canada, subject to some restrictions.6
. The Departure Order
An individual removed pursuant to a departure order does not require authorization
to return to Canada, so long as they can demonstrate (by way of a certificate of depar-
ture issued by Canada Border Services Agency [CBSA]) that they departed within the
30-day time frame noted in the order.7
Individuals often receive a document entitled a “Voluntary Departure Order”
with a decision refusing their application to extend their temporary status in Canada.
This is not a departure order.
A departure order transforms into a deportation order if the person concerned
does not comply with sections 240(1)(a) to (c) within 30 days after the departure
order becomes enforceable:8
240 (1) A removal order against a foreign national, whether it is enforced by voluntary
compliance or by the Minister, is enforced when the foreign national
(a) appears before an officer at a port of entry to verify their departure from Canada;
(b) obtains a certificate of departure from the Canada Border Services Agency;
(c) departs from Canada.9
. The Exclusion Order
Moving up in terms of seriousness, the exclusion order, in contrast to a departure
order, means that the person concerned has to obtain written authorization to return
within one year after the order is enforced;10 they do not require authorization to
return after the passage of one year. Note that the passage of the relevant time period
does not mean that the individual will be granted a visa to return; they must still
comply and meet the requirements of the IRPA and the IRPR.
There is an exception to the one-year period for exclusion orders. A PR or foreign
national (FN) found inadmissible and issued an exclusion order for misrepresentation
under section 40(1) continues to be inadmissible for five years following the date the
5 IRPR, s 223. There is another type of removal order, quite rare and referred to in s 80 of the
IRPA. A security certificate “that is deemed to be reasonable … is a removal order without it
being necessary to hold or continue an examination or admissibility hearing.”
6 See ss 227(1), (2) of the IRPR.
7 IRPR, s 224(1).
8 IRPR, s 224(2).
9 IRPR, s 240.
10 IRPR, s 225(1).
© [2022] Emond Montgomery Publications. All Rights Reserved.
