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Removal Order

Glossary · Legal & Procedural

Removal Order — Departure, Exclusion, Deportation

An order requiring a foreign national or PR to leave Canada. Three types — departure (no return bar), exclusion (1-year bar; 5 years for misrepresentation), deportation (lifetime bar, ARC required to return). Issued by IRCC, CBSA, or the IRB.

Last reviewed: Reviewer: Shoukat Halani, RCIC-IRB (R711322)

What is a removal order?

A removal order is a formal directive requiring a foreign national or permanent resident to leave Canada. Three types — each with different return-bar consequences.

Three types of removal orders

Departure Order

  • No return bar — you can apply to return to Canada anytime
  • Must leave within 30 days + confirm departure with CBSA
  • If you don't leave on time, the departure order automatically becomes a deportation order
  • Most lenient — issued for less serious cases (mostly inadmissibility under s.41 non-compliance)

Exclusion Order

  • 1-year ban on returning to Canada without an Authorization to Return to Canada (ARC)
  • 5-year ban if the underlying inadmissibility was misrepresentation under s.40
  • Issued for some moderate inadmissibility cases (some s.41 non-compliance, certain misrepresentation cases)

Deportation Order

  • Lifetime ban on returning to Canada — you must obtain an ARC to come back at all
  • Most serious — issued for serious inadmissibility (s.34 security, s.35 human rights, s.36(1) serious criminality, s.37 organized criminality)
  • For PRs: typically results from a Section 44 inadmissibility report referred to ID

Who issues removal orders

  • CBSA officers (at port of entry or inland enforcement)
  • IRCC officers / Minister's Delegate (after a s.44 report for less serious cases)
  • Immigration Division (ID) of the IRB — after a s.45 admissibility hearing

Appeal rights

Some removal orders can be appealed:

  • IAD appeal available for permanent residents in some cases (sponsorship + residence obligation; not for serious criminality / security)
  • Federal Court judicial review available for any removal order — 15-day deadline (in Canada) / 60 days (outside)

For PRs facing the loss of status under s.46, the IAD appeal is typically the first stop.

What to do if you receive a removal order

Time-critical. The 15-day judicial review clock starts immediately. Get representation within days, not weeks. Halani's RCIC-IRB licence covers IAD appeals; we co-counsel with lawyers for Federal Court matters.

Not sure how Removal Order applies to your file?

Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.

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