Enforcing Removal Orders and Authorization to Return to Canada: Scenarios, Questions, and Answers

5th Jun 2013 Comments Off on Enforcing Removal Orders and Authorization to Return to Canada: Scenarios, Questions, and Answers

One of the more common questions that I am asked is when people who have been told  by the Government of Canada to leave Canada need to submit an Application for Authorization to Return to Canada (“ARC”) before they return.

I have obtained a copy of internal Citizenship and Immigration Canada material which addresses some of these questions, and which I have adapted and produced below.  Please note that the material below has been adapted from a document dated 2009-10.  It is from an official work by the Government of Canada which was obtained through Access to Information and Privacy Act Request.  I have reviewed it and believe that it is correct and current. However, the scenarios below should only be used for informational purposes.  It is NOT legal advice. As well, the reproduction of the training materials has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Scenario 1

Tiger Johnson, a citizen of the USA,was issued a Departure Order on August 4, 2008.  When he left Canada, he did not confirm his departure with the Canada Border Services Agency (“CBSA”).   In 2012, he shows up at the Canadian Consulate in Los Angeles and tells an officer that he now wants to confirm his departure from Canada since he forgot to do it when he left in 2008.

Can the Officer now enforce the removal order?

No. Regulation 240(2) of the Immigration and Refugee Protection Regulations provides that Mr. Johnson must apply for a visa or for an authorization to return to Canada in order for an officer outside Canada to enforce a removal order.

Scenario 1(b)

A week later,

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