Deportation and Removal Orders
Understanding your rights when facing a removal order from Canada.
Last verified: 2026-04-03
What the Law Says
The Immigration and Refugee Protection Act, Part II, establishes the framework for removal from Canada. Section 44 permits CBSA to prepare an admissibility report when it suspects a person is inadmissible. Section 45 requires an admissibility hearing before removal. Section 48 authorizes removal orders. Section 63-69 establish appeal rights to the Immigration Appeal Division for permanent residents with family ties.
What This Means for You
If you are facing a removal order, your legal status in Canada is at stake. A removal order directs you to leave Canada. You have rights during the admissibility hearing to present evidence and challenge allegations. After a removal order is made, your options depend on whether you qualify for an appeal to the Immigration Appeal Division or can pursue other remedies.
The removal process begins with an admissibility report. The immigration officer must establish, on a balance of probabilities, that you are inadmissible. Grounds for inadmissibility include security concerns, criminality, human rights violations, and misrepresentation.
Real Example
A permanent resident received notice of an admissibility report based on a criminal conviction. CBSA alleged the person was inadmissible for criminality under IRPA s.36. An admissibility hearing was scheduled before the Immigration Division. The person gathered evidence of rehabilitation, employment, and family ties. At the hearing, the person's representative cross-examined the immigration officer and presented evidence. The Immigration Division determined whether the person was inadmissible and whether a removal order would be made. If a removal order was issued, the permanent resident had the right to appeal to the Immigration Appeal Division within 15 days.
What Options Exist
- 1Gather evidence to challenge the admissibility report, including documents, character references, employment letters, or evidence of family ties in Canada.
- 2Prepare for the admissibility hearing by identifying witnesses, organizing documents, and developing a legal strategy to address allegations.
- 3If you are a permanent resident, apply to the Immigration Appeal Division within 15 days if you have a family member in Canada or compelling reasons exist.
- 4A Pre-Removal Risk Assessment (PRRA) may be available if you face torture, death, or cruel treatment in your destination country.
- 5A stay of removal may be granted if serious risk of harm or strong legal arguments exist on appeal.
- 6Judicial review to the Federal Court may be pursued if the decision contains a reviewable error.
- 7Temporary resident permits or other authorizations may be explored if compelling humanitarian reasons exist for continued presence in Canada.
Types of Removal Orders
Deportation Order
Issued for security concerns, human rights violations, or serious criminality. Cannot be appealed on humanitarian grounds alone.
Exclusion Order
Issued for less serious criminality, misrepresentation, or admissibility failures. Generally can be appealed with family ties.
Conditional Removal Order
A removal order that may be suspended if conditions are met, such as leaving Canada voluntarily.
Where to Appeal
Immigration Appeal Division (IAD)
Federal appeal body for removal orders. Available to permanent residents with family ties or compelling reasons.
Federal Court (Judicial Review)
Court review for errors of law or jurisdiction. Available to any person facing removal.
Pre-Removal Risk Assessment
Assessment of risks in destination country. Apply before removal is enforced.
Key Statutes
When Should You Consult an Immigration Professional?
This platform is designed to help individuals understand their immigration rights, gather documentation, and navigate processes independently. Many routine applications and renewals can be handled without professional assistance.
The most effective time to engage an immigration lawyer or licensed RCIC is when facing a refusal, removal order, or complex application. A professional can review your complete file and provide strategic advice before you file an appeal or respond to enforcement action.
By gathering documentation and understanding the relevant statutes first, consultations become focused strategic reviews rather than costly fact-gathering sessions.
Read our full guide: Working with an Immigration Professional →
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Cite This Page
MyImmigrantRights.ca. "Deportation and Removal Orders." Accessed April 3, 2026. https://myimmigrantrights.ca/issues/deportation-removal-orders
Written by the MyImmigrantRights.ca team, based on comprehensive research of Canadian immigration law, IRPA, the Citizenship Act, and IRCC policy guidance.