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DEPORTATION FROM CANADA: UNDERSTANDING CONSEQUENCES AND APPEAL OPTIONS

DEPORTATION FROM CANADA: UNDERSTANDING CONSEQUENCES AND APPEAL OPTIONS

During the first half of 2023 alone, 7000 people have been deported from Canada. This means an average of 39 people were being deported each day in the year 2023. Deportation order can be stressful as it has lasting consequences for the foreign nationals who put their heart and soul to make Canada as their permanent home.

What Is Deportation order?

Deportation order is a kind of removal order like departure order and exclusion order. Every removal order carries its own consequences and appeal options. Therefore, it is essential to make an informed choice as soon as you get a removal order as the recourse to appeal, if any, in such matters is time-sensitive. As entailed under section 49 of the Immigration and Refugee Protection Act, 2001 (IRPA), the removal order comes into force as soon as it is made if there is no right of appeal. However, in case of right of appeal, the removal order becomes effective when the right of appeal expires and no appeal was made.

What Reasons Can Lead To Deportation From Canada?

When a deportation order is issued against you it means that the immigration authority has asked you to leave Canada and you are barred from re-entering Canada according to section 52 of the IRPA. Most importantly, when you get a deportation order, it is crucial to assess the reasons of deportation. Usually, criminality is one of the biggest causes upfront when it comes to cases of deportation.

How Does A Criminal Offence Affect Your Immigration Status?

If you are an immigrant in Canada and have been convicted of a crime, depending on the gravity of your criminal offence, the authorities can:

  • Cancel your immigration status
  • Deport you from the country
  • Deport your entire family from the country
  • Arrest you and schedule an immigration hearing
  • Permanently refuse Canadian citizenship
  • Cancel an already approved permanent residence status

It is also pertinent to note that a criminal background leads to inadmissibility. Offences that can force the authorities to change your immigrant status to ‘criminally inadmissible’ include several minor and major crimes. These include:

  • Theft
  • Assault
  • Manslaughter
  • Dangerous driving
  • Driving while under the influence of drugs or alcohol
  • Possession of or trafficking drugs or controlled substances

If you are declared criminally inadmissible, you can no longer stay in Canada.

What Are The Reasons Of Deportation Other Than Criminality?

The best way to avoid any kind of removal order is the compliance with immigration laws. Other reasons of deportation may include:

  • Misrepresentation: There are chances of facing a removal order if you misrepresent during your immigration application or interview process.
  • Violation of Visa Conditions: Compliance of Visa conditions attached to your immigration status is the top-tier defense mechanism against any sort of removal order. Overstaying beyond the authorized period, expiry of visa and working without a permit are the common causes of your removal from Canada.
  • Security Concerns: Any person who is deemed a threat to national security may be subject to removal.

Appealing Against The Deportation Order

In case, you have a right to appeal, the appeal is launched in the Immigration Appeal Division (IAD). IAD gives you a right to explain why your removal should be revoked. You need to file an appeal within 30 days of the removal order. IAD is authorized to evaluate the reasons presented in the appeal hearing and order accordingly. Sometimes, the judicious exercise of discretion in the deportation cases also considers collateral immigration consequences during sentencing as observed in the case of R. v. Auckbaraullee (2019), where Ms. Auckbaraullee, a 53-year old woman was convicted for a fraud of 5000 dollars. Despite the gravity of the charge, the Supreme Court of Canada delved into the nuances and mitigating circumstances surrounding Ms. Auckbaraullee’s situation and broader implications on Auckbaraullee’s and drew inspiration from R. v. Tran (2017) case where crucial mitigating factors were contemplated and the decision carried a blend of punitive and deterrent effects.

Deportation can be stressful and can affect significantly you if you have resided in Canada for a long period of time. If you require any assistance with sorting out your removal order, it is recommended to get in touch with a lawyer who can guide you through the intricate process of appeal against the removal order.

Contact The Lawyers At Ayaz Mehdi Professional Corporation!

Reach out to our immigration lawyers in case of any legal query with regard to removal order or deportation. Get in touch with us by clicking here:  Let’s meet!

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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