The Canadian Border Services Agency (CBSA) has released its official policy on the removal of foreign nationals from Canada, specifying the actions that can lead to deportation and the types of removal orders that apply. The guidance, published on the CBSA's official website, states that the agency is legally required to remove any foreign national with an enforceable removal order as quickly as possible. The policy covers all individuals deemed inadmissible to Canada.
Actions That Could Lead to Deportation
According to the Canadian government, certain actions could result in deportation. The CBSA prioritises the removal of foreign nationals who pose a serious threat to individuals or society, including those involved in national security issues, serious criminal offences, organised crime, or international and human rights violations.
Three Types of Removal Orders
Canada operates three distinct removal orders, each with different consequences for future re-entry.
Departure Order: This is the least severe. It requires a person to leave Canada within 30 days of the order becoming enforceable and to confirm their departure with the CBSA. If both conditions are met, the individual may apply to return to Canada in the future. Failure to leave or confirm departure within 30 days automatically upgrades the departure order to a deportation order.
Exclusion Order: This requires the individual to leave Canada immediately and bars them from returning for one year. If the exclusion was issued due to misrepresentation, the ban extends to five years. Anyone wishing to return before the exclusion period ends must apply for an Authorisation to Return to Canada (ARC).
Deportation Order: This is the most serious. It requires immediate departure and permanently bars the individual from returning to Canada without first obtaining an ARC. Anyone who re-enters Canada without securing an ARC risks being issued a second deportation order.
Who Pays for Deportation and Legal Rights
Individuals deported from Canada are generally required to cover their own travel costs. If someone is unable or unwilling to pay, the CBSA funds the removal to ensure the process is not delayed. The government recovers those costs if the removed individual later seeks to return to Canada.
Despite the severity of removal proceedings, the CBSA notes that all affected persons are entitled to due process. Removal orders can be challenged at various levels. A person may appeal to the Immigration and Refugee Board (IRB), and where IRB appeal rights are not available, an application for judicial review can be filed through the Federal Court of Canada.
The CBSA also said it prioritises the removal of failed asylum seekers who entered Canada irregularly between official border crossings, citing the significant strain such cases place on the integrity of the country's asylum system.
