Canada is a popular destination for many immigrants who seek a better life, opportunities, and protection. However, not everyone who arrives in Canada is welcomed or allowed to stay. In fact, Canada has the right to deport foreign nationals for various reasons, such as violating immigration laws, committing crimes, posing a threat to security, health, or public finances, or having an inadmissible family member. In this article, we will explain the reasons why Canada can deport immigrants at the point of entry, the process and consequences of deportation, and the ways to avoid or appeal deportation.
Reasons for Deportation from Canada
According to the Immigration and Refugee Protection Act (IRPA), Canada can declare foreign nationals inadmissible and issue a removal order against them for the following reasons:
- Security: This includes being involved in espionage, terrorism, subversion, or membership in an organization that engages in such activities. It also covers violating human rights, international law, or being subject to sanctions.
- Criminality: This includes having a criminal record, being convicted of a crime, or committing a crime in or outside Canada that carries a prison sentence of 10 years or more. Some examples of such crimes are driving under the influence, assault, drug trafficking, fraud, or theft.
- Organized crime: This includes being a member of or associated with an organized criminal group, such as a gang, a mafia, or a terrorist organization.
- Health: This includes having a contagious disease, such as tuberculosis or syphilis, or a medical condition that requires excessive public health care costs or poses a danger to public safety. This does not apply to refugees or sponsored family members.
- Financial: This includes being unable or unwilling to support oneself or one’s family members financially, or being dependent on social assistance. The minimum amount of funds required depends on the immigration program and the size of the family.
- Misrepresentation: This includes providing false or misleading information, documents, or identity, or withholding relevant facts, in relation to an immigration application or proceeding. This also applies to anyone who assists or advises someone to do so.
- Non-compliance: This includes violating any provision of the IRPA, such as overstaying a visa, working or studying without authorization, or failing to appear for an examination or hearing. It also applies to permanent residents who do not meet the residency obligation or who lose their status for other reasons.
- Inadmissible family member: This includes having a spouse, partner, child, parent, or other relative who is inadmissible for any of the above reasons. If one family member is inadmissible, the whole family is inadmissible.
Process and Consequences of Deportation from Canada
When a foreign national arrives in Canada, they are subject to screening and examination by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officers. If the officers find that the person is inadmissible, they can issue a removal order, which is a legal document that orders the person to leave Canada. There are three types of removal orders:
- Departure order: This requires the person to leave Canada within 30 days and confirm their departure with the CBSA. If the person complies, they can apply to return to Canada in the future. If they do not comply, the departure order becomes a deportation order.
- Exclusion order: This bars the person from returning to Canada for one year, unless they obtain a written authorization from the IRCC. If the person was inadmissible for misrepresentation, the ban is for five years. The person must also obtain a certificate of departure from the CBSA before leaving Canada.
- Deportation order: This permanently bans the person from returning to Canada, unless they obtain a written authorization from the IRCC. The person is also responsible for paying the costs of their removal.
If the person does not leave Canada voluntarily, the CBSA can arrest, detain, and escort them out of the country. The person can also face other consequences, such as losing their status, their application, their appeal, or their eligibility for other immigration programs.
Ways to Avoid or Appeal Deportation from Canada
The best way to avoid deportation from Canada is to comply with the immigration laws and regulations, and to provide accurate and complete information and documents in any immigration application or proceeding. However, if a person is issued a removal order, they may have some options to challenge or appeal it, depending on the type of order, the reason for inadmissibility, and the person’s status in Canada. Some of these options are:
- Applying for a pre-removal risk assessment (PRRA): This is a process that allows the person to explain why they fear returning to their country of origin, and to provide evidence of the risk of persecution, torture, or death. If the PRRA officer finds that the person is in need of protection, they can grant them refugee status or a stay of removal.
- Applying for a humanitarian and compassionate (H&C) consideration: This is a discretionary process that allows the person to request an exemption from the inadmissibility grounds or the removal order, based on humanitarian and compassionate factors, such as their establishment, integration, or hardship in Canada, or the best interests of their children. If the IRCC officer grants the H&C consideration, they can issue a permanent resident visa or a stay of removal.
- Appealing to the Immigration Appeal Division (IAD): This is a tribunal that hears appeals from certain foreign nationals and permanent residents who have been issued removal orders, or who have been refused sponsorship, residency, or citizenship applications. The IAD can consider both legal and humanitarian grounds, and can allow, dismiss, or stay the appeal.
- Applying for a judicial review: This is a process that allows the person to ask the Federal Court of Canada to review the decision of the CBSA, the IRCC, the PRRA officer, or the IAD, and to determine if there was an error of law, fact, or procedure. The Federal Court can uphold, quash, or send back the decision for reconsideration.
These options are not available to everyone, and they have different requirements, deadlines, and outcomes. Therefore, it is advisable to consult a qualified immigration lawyer or consultant before pursuing any of them.
Conclusion
Canada is a country that welcomes immigrants, but also has the right to deport them for various reasons. Deportation from Canada can have serious and lasting consequences, and it is not easy to avoid or appeal. Therefore, it is important to be aware of the reasons, the process, and the options for deportation from Canada, and to seek professional advice if needed.
