Inland Enforcement Training Program: Removals (2015)
The 2014 Air Transport Module is a Canada Border Services Agency training manual that is a requirement for all officers that perform an Air Mode transport.
This PDF is part of the Inland Enforcement Training Program. It was designed for officers who would be enforcing removal orders. An individual who reads the course should be able to identify when a removal order is enforceable.
By the end of reading this PDF, the reader should be able to answer the following scenarios:
- Amanjit Singh is a foreign national with a permanent resident visa. Upon appearing for examination at the Vancouver International Airport, an officer has reasonable grounds to believe that Amanjit is inadmissible under section s. 36(2)(b) of the Immigration and Refugee Protection Act (the “IRPA“) for an assault committed in New Delhi. An admissibility hearing is convoked and Amanjit is issued a deportation order. Fourteen days after receiving the removal order, Amanjit files an appeal with the IAD. Does he have the right to appeal?
- Amanda Svensen is a permanent resident who has been ordered deported for serious criminality under IRPA s. 36(1)(a). Amanda was convicted in Canada of robbery, as she threatened a shopkeeper with a knife. Upon conviction, Amanda received four months imprisonment and one year probation. She filed an appeal to the IAD on the day that the removal order was issued. Is her removal order in force?
- Qui Wang is a protected person, originally from the PRC. Since being found to be a convention refugee, the CBSA has found information that he was involved in organized crime. An IRPA s. 37(1)(a) allegation was presented at an admissibility hearing, and Mr. Wang received a deportation order. Twenty days after receiving his removal order, Mr. Wang filed an appeal to the IAD. When does his removal order come into force?
- Karl Smith is a permanent resident who has been issued a removal order for misrepresentation under IRPA s. 40(1)(a). After two weeks of consulting with his lawyer, Karl files an appeal of the removal order with the Immigration Appeal Division. Does he have the right to appeal?
- Amir is a foreign national who has received a deportation order for financial reasons under IRPA s. 39. At the conclusion of his admissibility hearing, Amir states his intention to file an appeal with the Immigration Appeal Division. Will his appeal be accepted?
- Heinrich has been found to be a protected person by the Refugee Protection Division (the “RPD“). Almost immediately upon receiving convention refugee status, Heinrich is convicted of theft in Saskatoon and receives three months’ imprisonment. A CBSA officer writes a 44 report for the theft conviction, and Heinrich is issued a removal order. He files an appeal of the order to the IAD 16 days after it is issued. Is Heinrich entitled to appeal?
- A permanent resident from Bosnia and Herzegovina has been found inadmissible pursuant to section IRPA s. 36(1)(b). After being granted PR status, a tenacious CBSA officer discovered that this individual was sentenced to nine years imprisonment for an attempted murder conviction in Croatia. One day after the admissibility hearing, the individual files an appeal with the IAD. Is she exempt from appealing his removal order?
- Khaleb is a protected person who is ordered removed for misrepresenting himself in his PIF package. Khaleb was so upset at the job his counsel did at the admissibility hearing that he fired him on the spot. Forty days later, Khaleb decided to file an appeal of his removal order with the IAD. Will he be permitted to do so?
- Ivan is a FN who arrives at Lacolle with a PR visa. After two hours of questioning by an astute CBSA officer, it is determined that Ivan spent 18 months in an Ontario prison for a manslaughter conviction. The crime was committed during a visit Ivan made to Toronto five years ago, but evidence of this conviction was withheld from the overseas visa officer. A 44 report on the A36(1)(a) criminality was written, and Ivan was issued a deportation order. He immediately files an appeal with the IAD. Does he have the right to appeal?
- Rowan had been a PR of Canada for six years when he decided to make an application for Canadian citizenship. Upon hearing this, a tenacious CBSA officer in Quebec contacted the Citizenship branch and asked them to halt the processing of this application, as she had reasonable grounds to believe that Rowan had been convicted of an assault in Warsaw, Poland. An admissibility hearing was convoked and Rowan was issued a deportation order. After 10 days, Rowan made an appeal with the IAD. Is he entitled to do so?
- Bhupinder is a protected person, originally from India. After living in Canada for two years as a Convention refugee, Bhupinder was convicted of arson in Winnipeg and served four years imprisonment. CBSA Winnipeg wrote a 44 report for this conviction, and Bhupinder was ordered deported. He filed an appeal of his removal order within three days of receiving it. Is Bhupinder permitted to file an appeal with the IAD?
- Vladimir is a FN with a PR visa who arrives at PET Airport in Montreal. During the examination, the CBSA officer notes several inconsistencies in Vladimir’s answers and proceeds to write a 44 report alleging misrepresentation under A40(1)(a). The report garners an exclusion order, clearly upsetting Vladimir. After taking some time to consider his options, Vladimir files an appeal with the IAD 34 days after receiving his removal order. Is he entitled to appeal?
- Rhamen was found to be a Convention refugee by the RPD. Though he has spent his life in Vancouver quietly and without incident, the Pacific Region Enforcement Centre (PREC) received several anonymous tips of Rhamen’ s involvement with crimes against humanity in his native Iran. After extensive research and relentless questioning of Rhamen, a CBSA officer proceeds to write a 44 report for an A35(1)(a) violation. Rhamen is issued a deportation order and appeals this to the IAD within 30 days of receiving his order. Is he permitted to file an appeal with the IAD in this instance?
- Thuong Tran is a FN from Vietnam who arrives at Calgary International Airport with a PR visa. When the examining officer asks Thuong whether he has ever been convicted of a crime outside of Canada, he admits to a theft conviction in Hanoi and subsequently receives a removal order at an admissibility hearing. Thuong files an appeal of the order with the IAD within two weeks. Will his appeal be accepted?
- Steven is a PR from the U.S.A. While in Halifax on vacation four years ago, he became intoxicated and sexually assaulted his cousin. Upon being convicted of this offence, Steven received a prison sentence of five months. The CBSA proceeded with a 44 report for an A36(1)(a) violation and secured a deportation order. Steven appealed this order to the IAD 24 days after receiving it. Is he permitted to appeal the removal order in this instance?
- Kim Bhat is a FN from Thailand who has arrived at Pearson International Airport with a PR visa. (He was sponsored to Canada by his son.) Upon questioning Mr. Bhat and checking FOSS, the examining officer concluded that Mr. Bhat’s son was recently ordered deported for misrepresentation. The officer proceeded to write a 44 report for an A40(1)(b) violation. Subsequently, a deportation order was issued to Mr. Bhat, who appealed it to the IAD that same day. Does he have the right to appeal?