People who either face removal or who have received a removal order should contact a lawyer immediately to determine what their options are. The purpose of this post is to provide an overview of the legislative scheme for deferring removal orders. It provides a general framework, and cannot substitute the advice that a lawyer can give when he applies these facts to your situation.Read more ›
Are you an individual who has served in the government, the public service, the military, or the judiciary of a government that might have engaged in human rights or international rights obligations? Are you considering traveling to, working in, or immigrating to Canada? If you answer yes to either of these questions, you will definitely want to read on to determine whether your application could be in jeopardy.Read more ›
On December 8, 2010, the Federal Court released its decision in Masych v. Canada (Citizenship and Immigration), 2010 FC 1253 (“Masych“) The case involved an individual whose temporary work permit application was denied because she did not produce income tax statements from 2002-2006 after an immigration officer (the “Officer”) requested that she do so. The reason that the Officer wanted copies of her tax statements was not to confirm her employment history for determining whether or not she was qualified for the job that she was applying for, but rather to determine whether or not she was inadmissible for having ever committed tax evasion.
The applicant had never been convicted of a criminal offense. No evidence was ever presented that she had been charged with a criminal offense. Finally, it is important to note that the applicant lived in the United Kingdom from 2002-2006, a country with a legal system similar to Canada’s.
The applicant did not produce the income tax statements as requested, and her application was rejected on the grounds that the Officer was unable to determine whether or not she was inadmissible to Canada for having committed an offense abroad that would constitute an indictable offense in Canada (tax evasion). The Federal Court upheld the Officer’s decision. The Court noted that the Officer had a duty to be satisfied that the applicant was not inadmissible, and that tax evasion could result in an applicant being inadmissible.
A reading of the case suggests that the only argument that the applicant’s counsel made was that the applicant had provided a statement stating that she only worked part time, confirmed by the employer, and that this should have satisfied the visa officer. The Federal Court quickly punted this decision aside noting that such a response did nothing to alleviate the officer’s concern.Read more ›
A person who has been found to be inadmissible to Canada on the grounds of serious criminality may not appeal to the Immigration Appeal Division.Read more ›
The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.Read more ›
Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities. This authorization is known as “authorization to return to Canada” (an “ARC“). Whether an ARC is needed will depend on what type of removal order the person received.
Types of Removal Orders
There are three types of removal orders in Canada. These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”.
A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable. Failure to do so causes the Departure Order to become a Deportation Order.
An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years.
A Deportation Order results in a person being permanently barred from returning to Canada. Such a person may not return unless he/she receives ARC.
Authorizations to Return to Canada
An ARC is not routinely granted. Individuals applying for an ARC must demonstrate that there are compelling reasons to consider an ARC when weighed against the circumstances that necessitated the issuance of the removal order. Applicants must also show that they post minimal risk to Canadians and to Canadian society.
The factors that an immigration officer should consider include:
- The severity of the immigration violation that led to the removal.
- The applicant’s history of cooperation with Immigration, Refugees and Citizenship Canada (“IRCC“). Pursuant to the Federal Court decision in Singh v. Canada (Immigration, Refugees and Citizenship),
On October 29, 2010, the Immigration and Refugee Board released Guideline 2 on Detention. The Guidelines are to assist Immigration Division members in determining whether or not to hold an individual in detention.Read more ›
The Federal Court has released its decision on the legality of the “decision” to prohibit former British MP George Galloway from entering Canada for having committed terrorism or been a member of a terrorist organization.Read more ›
The Federal Court has affirmed that membership in the Syrian Socialist Nationalist Party (“SSNP”) can render an individual inadmissible to Canada pursuant to s. 34(1) of the Immigration and Refugee Protection Act.Read more ›
Citizenship and Immigration Canada has released Operational Bulletin 226, which discusses the sharing of biometric information further to the Five Country Conference (FCC) High Value Data Sharing Protocol. The FCC (Canada, the United States, the United Kingdom, Australia, and New Zealand) meets annually at the Deputy Minister level to discuss ways to improve immigration. In 2007, Canada, the US, the UK, and Australia (New Zealand was not yet a member) to committed to work towards the systemic exchange of biometric data for immigration purposes.
Biometric sharing has now commenced.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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