Removal Process

Canada Immigration Forum (discussion group)

Subject: Removal Process

To All

As soon as anyone makes a Refugee Claim they have a conditional removal order. It becomes effective when the claim is refused.

There are three basic types of Removal Orders;

A one year Exclusion Order is normally for violations like overstaying or working without authorizations.
A two year Exclusion Order is for misrepresentation (caught lying). It means that within that time frame you’re not allowed to return to Canada without authorization.

A Deportation Order has no time limit and before returning to Canada you must seek and obtain an ARC or authorization to return. To receive an ARC you will have to provide a Visa Officer with a logical reason to issue the ARC and an explanation for your actions to be successful.

Typically people who make refugee claims go through the system as follow;

1. Arrive in Canada and make a refugee claim at the Port of Entry or Airport.
2. Arrive in Canada and get admitted as a visitor then a few days, weeks, months or years later go into an in Canada Immigration Office and make their claim to refugee status.

The length of delay in making a refugee claim after safely arriving in Canada will severely affect any positive outcome in your case. The Immigration and Refugee Board (IRB) member will have to be satisfied that there was a major change in circumstances that warranted the delay in making the refugee claim in the first place.

The vast majority of refugee claimants focus on establishing themselves in Canada and just wait for their refugee hearing which currently takes at least a year and a half or two years to be scheduled. This is not advisable. An unsuccessful refugee claimant is suppose to leave when the IRB renders a negative decision, most don’t.

Failed refugee claimants can file an application for leave to appeal a negative refugee protection decision to the Federal Court with Legal Counsel. This is not an appeal it is only an application to see if the court believes that the IRB Member erred in Law during your hearing and will give you permission to actually appeal. Most are not successful to get to the actual appeal stage.

To reach this stage you could of been in Canada for an excess of three years.

This is when most failed refugee claimants submit an application for Landing from within Canada based on Humanitarian and Compassionate factors.

Their H&C applications must be based on unusual, undeserved or disproportionate hardships. The refugee claim issues are irrelevant at this time because either the courts or the IRB have already rendered a negative decision. Do not try to prove that your a convention refugee. H&C factors are based on common sense and an explanation is found in the IP5 manuals.

It is best to submit any Humanitarian and Compassionate application when you have significant H&C factors and H&C applications can be processed simultaneously during your refugee process or your Federal court process. H&C applications should be updated when additional factors are achieved.

H&C applications will not prevent CBSA from attempting to remove you. The Federal Court will look into the reasons why CIC took such an extensive time frame to assess your application and may stay your removal if your H&C application has been submitted for a considerable period of time.

When you’re deemed removal ready CBSA calls you in to allow you to apply for a Pre Removal Risk Assessment. You do not have to seek protection and you can refuse to apply and go home at that time if you so wish.

If you still believe that your life is at risk you can apply a Pre Removal Risk Assessment application. You will be given 15 days to submit the forms and another 15 days to submit supporting evidence to support your risk factors. The PRRA Officer does not work for CBSA.

You can submit additional new evidence since your negative decision that directly relates to you up until the time the PRRA officer renders his/her decision. There is no cut off time on submissions that were not readily available at the time of your refugee hearing.

CBSA will call you in to receive your decision normally 2 – 6 months from the time you submitted your PRRA application. The decision is almost always negative.

You will be given a choice buy your own ticket or let CIC and the Canadian Tax payer cover your removal costs. If you have any thought of applying for ARC authorization to return – buy your own ticket. If you purchase your own ticket you will be given a little additional time to put your remaining affairs in order.

The vast majority or persons removed are NOT ESCORTED. Your documents are given to the flight crew and they return them to you before or on arrival at your destination.

If you intend to apply for an ARC do not misplace your confirmation of departure form that CBSA will give you upon your departure..

Hopefully this explains the process.

Roy
Cvimmigration.com

[17-04-2010,09:28]
[**.229.28.7]
Roy