Marva Barrow, Contributor
Canadian Prime Minister Stephen Harper (seated) receives a standing ovation in the House of Commons on Parliament Hill, Ottawa, late last month. - REUTERS
IF YOU have been issued a departure order, exclusion order or a deportation order, it means that you are in 'non-compliance of the Immigration and Refugee Protection Act (IRPA)'.
There are differences between foreign nationals and permanent residents in how the act is applied. In the case of a foreign national, non-compliance may have occurred through doing or failing to do something that is contrary to a provision of the act. A permanent resident may contravene the act through failure to comply with the conditions or residency obligations.
The new Canadian Govern-ment has stated that deportation of those who breach the Immigration and Refugee Protection Act is a high priority. Therefore, you or someone you know may be facing deportation.
Prior to the implementation of the act in June 2002, deportation in itself was considered a lifetime ban from Canada. This negatively affected several Canadian citizens and permanent resident families. Subsequently, amendments to the Immigration Regulations introduced a less draconian measure; hence, foreign nationals are eligible to return to Canada legally upon obtaining a Minister's Permit and meeting the admission requirements at the time of re-entry into Canada.
So, if IRPA repealed the Immigration Act of 1976 and is intended to make the new immigration system more transparent, simplify humanitarian or broaden family reunification, why are so many families still torn apart by deportation?
REMOVAL ORDERS
There are three types of removal orders, namely departure orders, exclusion orders and deportation orders.
A departure order may be issued to a foreign national for failure:
a) to establish permanent residence;
b) to leave Canada by the end of the period authorised for their stay; or,
c) to comply with the Act.
In the case of a departure order, a foreign national does not have to obtain authorisation to return to Canada. However, failure to comply with a departure order within 30 days of when the order becomes enforceable will result in a deportation order.
An exclusion order may be issued if a foreign national is found to be inadmissible under health grounds, financial reasons or misrepresentation. An exclusion order obliges the foreign national to obtain a written authorisation in order to return to Canada during the one-year period after the exclusion order was enforced. If the exclusion order resulted from misrepresentation (lying), more time must pass before seeking a written authorisation to return to Canada.
A deportation order may be issued to a permanent resident pursuant to specific sections of the act governing security grounds, violating human or international rights, serious criminality, or organised criminality. Unlike departure or exclusion orders, a deportation order obliges the foreign national to obtain a written authorisation in order to return to Canada at any time after the deportation order was enforced. Canadian citizens involved in war crimes or crimes against humanity can also have their citizenship revoked under the Citizenship Act, and be deported.
FAMILY MEMBERS
Removal orders affect you the foreign national and your family members. With the exception of protected persons (or Convention refugees), if you are found to be inadmissible under the act, then all of your family members, whether they accompany you or not, are also automatically inadmissible.
Pursuant to Section 227 of the Immigration and Refugee Protection Regulations, a report prepared under subsection 44(1) of the act against a foreign national is also a report against the foreign national's family members in Canada.
From this article, you will see that removal orders are very complex issues. Under certain circumstances, however, the minister may impose a stay on removal orders. Because of the complexity of these matters, the service of a legal representative is critical.
Marva Barrow is the president of Barrow International Immigration Solutions and is a member in good standing with the Canadian Society of Immigration Consultants and the Canadian Association of Professional Immigration Consultants. She can be reached at 416-850-8318. Send direct confidential questions to editor@gleanerjm.com.
