H&C / Appeal

If you have been refused entry to Canada at a port of entry (POE – border crossing, international airport or seaport), you may need to take certain steps in order to gain admittance to Canada again. There are several reasons an individual can be refused entry to Canada, including criminal inadmissibility, medical issues, violations of the Immigration and Refugee Protection Act (IRPA), error or other. Generally, immigration authorities disclose the reason for entry refusal before turning someone away from Canada. For those who are unsure as to why they were denied entry to Canada, a qualified Canadian immigration lawyer can order and assess the notes that accompany your file.

Types of Removal Orders

Canadian immigration authorities may expel any individual who is the subject of a removal order. Three types of removal order exist:

Departure Order

Subjects of a departure order must leave Canada within 30 days of the order coming into force. Failure to abide by a departure order will result in it becoming a deportation order.

Exclusion Order

An exclusion order is usually issued for a Canadian immigration violation that does not involve criminality or security and human rights violations. Subjects of an exclusion order are banned from Canada for a period of 1-2 years, depending on the circumstances, after they have confirmed their departure. Exclusion orders can be overcome prior to the 1-2 year period by applying for Authorization to Return to Canada (ARC).

Deportation Order

Deportation orders are usually issued for allegations dealing with criminality, security issues, human rights violations and organized crime. Other reasons for deportation orders include, but are not limited to, revocation of Canadian citizenship and failure to abide by a departure order. A deportation order is a permanent bar and such people may not return to Canada without written permission from Canadian immigration authorities.