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Understand All Three (3) Types of Removal Orders from Canada

When IRCC or CBSA wants you to leave Canada due to different reasons such as overstaying, expiry of status or inadmissibility, they will give you an official removal order. This order has three types: departure order, exclusion order and deportation order.

You can appeal the removal order at IRB (the immigration and refugee board of Canada), however, if they decide against you, in limited cases you can take their decision and apply to the federal court of Canada for Judicial Review.

Departure Order

Under this order, you will be given 30 days to leave Canada. If you comply with the order and leave Canada, you do not need A.R.C or Authorization to Return to Canada in the future for returning to Canada. If you fail to comply or do not confirm your departure with the CBSA, the departure order converts to a deportation order.

Refugee claimants are usually given a departure order which is enforced if they are not recognized as a refugee after the refugee status determination (including the appeal) process is completed.

Moreover, it is also issued to permanent residents when they fail to comply with residency obligations.

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Exclusion Order

If you are given an exclusion order, you are not allowed to enter Canada or apply for any Canadian temporary residence for one year. If you misrepresent and then receive an exclusion order, you will not be allowed to enter Canada for 5 years. You need A.R.C or Authorization to return to Canada if you want to return within this period of time.

An exclusion order is the most commonly used removal order that is mainly given to foreign nationals. it can be given in the following instances: not complying with the request of an officer to attend a hearing or examination, arriving at an official port of entry without a valid visa, unauthorized stay in Canada, violating study permit conditions, and others. I have also seen a case where a super visa holder was given an exclusion order and was asked to leave Canada within 30 days and not return for one year because his visa was copied and used by one of his relatives and then his relative was detained in one of the airports in Turkey.

Deportation Order

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If you receive a deportation order, you will not be allowed to enter Canada for life. However, if you need to enter Canada for any genuine reason, you will need to apply for ARC or authorization to return to Canada.

A deportation order is issued for serious issues such as criminal conviction inside Canada, misrepresentation in refugee claims, inadmissibility because of having an inadmissible family member, etc.

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