Deportation and Removal Orders, Immigration Detention
If a foreign national or permanent resident is detained by the Canada Border Services Agency, or is otherwise placed in immigration detention, a Detention Review must be held. At the Hearing the person is entitled to be represented by Counsel, who can attempt to arrange for their release, usually on a bond. If the Immigration Division orders that Detention be continued, the law requires that further Detention reviews be held.
If someone you know has been detained in British Columbia, you may call our Immigration Emergency telephone number: (604) 970-0629. Our Vancouver office can make enquiries to determine where they are being held, and can represent them at their Detention Hearing. If the Immigration Division of the Immigration and Refugee Board is satisfied with the arguments made on behalf of the detainee, they will order the person’s Release. It is important in this situation to contact Counsel as soon as possible.
Why would a person be detained or asked to leave Canada?
A foreign national in Canada may be held in immigration custody for various reasons. It may be a simple overstay that reults in their their arrest, or they may be held for other reasons e.g. a failed refugee claimant who is reporting regularly to the Canada Border Services Agency may be arrested after failing to report a change of address.
Permanent residents of Canada have more protection against arrest and detention, but may be ordered removed from Canada after a conviction for serious criminality, or may be ordered to depart after it is found they have failed to comply with the residency requirements. In both these instances, an Appeal is allowed if it is filed quickly, and the permanent resident is entitled to be represented by Counsel.
TThere are 3 types of removal orders:
- A deportation order, in which case the person affected will require the cosent of the Minister to return to Canada
- An exclusion order, which bars the person concerned from returning to Canada without written permission for one year (two years in the case of misrepresentation)
- A departure order, in which case the person concerned must leave Canada within 30 days of the order coming into force. If they do not comply within that time, the departure order automatically becomes a deportation order
In all instances, the person concerned must report to Immigration Canada to confirm their departure prior to leaving.