Removal Order Lawyer Brampton
Removal proceedings are stressful, and the risk of being misled into costly but inappropriate solutions is real. Removal orders in Canada can be issued by the Immigration Division or Immigration Appeal Division after a hearing, or by a CBSA officer during an examination — and understanding the type of order you’ve received, its consequences, and your options is critical, since time is extremely limited. Depending on your situation, that may mean a Pre-Removal Risk Assessment, a stay of removal, or an appeal — our Brampton team can help you work out which applies to you.
Types of Removal Orders and Consequences
Departure Order (form IMM 5238): the least severe order, typically issued once permanent residence status is lost and appeals are exhausted. It requires leaving Canada within 30 days — failing to do so can escalate to a deportation order.
Exclusion Order (form IMM 1214B): similar to a departure order, but includes a ban on re-entering Canada — from one to five years depending on the reason — starting from your departure date or the date on the order. An Authorization to Return to Canada (ARC) is required to return during the ban.
Deportation Order (form IMM 5238B): imposed when a departure order is disregarded, resulting in a permanent ban from Canada. An ARC is required for any potential return.
Reasons Enforcement Can Be Delayed
A removal order isn’t always enforced right away. Enforcement can be delayed — sometimes making the order effectively unenforceable for a period — for several reasons: a pending Pre-Removal Risk Assessment application, which typically triggers a regulatory stay on first application; missing or unconfirmed travel documents or proof of identity; an Administrative Deferral of Removals (ADR) during a humanitarian crisis in the destination country; or a Temporary Suspension of Removals (TSR) affecting the entire destination country. None of these apply if you’re inadmissible for serious concerns like organized criminality or security grounds, and both ADR and TSR periods can allow you to apply for a work or study permit in the meantime.
Pre-Removal Risk Assessment (PRRA) Applications
If you’re facing a removal order or are named in a security certificate, you may be able to apply for a Pre-Removal Risk Assessment, except in specific circumstances set out in immigration law. You must wait for notification of eligibility before applying, other than at ports of entry. Once eligible, a regulatory stay of removal is typically granted while your PRRA is decided — though this stay doesn’t apply to subsequent PRRA applications, which are assessed only on new risk factors not raised in a prior claim.
Requesting a Stay of Removal
A stay pauses enforcement of your removal order, often alongside conditions set by the Immigration Division, and can be revoked if those conditions aren’t met. We cover the process for requesting one in detail on our Stay/Deferral of Removal Orders page.
Appealing a Removal Order
Permanent residents can generally appeal a removal order to the Immigration Appeal Division within 30 days of receiving it, unless they’re inadmissible for organized crime, security risks, human or international rights violations, or a serious criminal sentence of six months or more. Foreign nationals generally can’t appeal to the IAD, but may still challenge a removal order at the Federal Court. We walk through the full appeal process, grounds for denial, and what happens after a decision on our Removal Order Appeal page.
Challenging a Removal Order at Federal Court
Where an IAD appeal isn’t available — or after one is denied — a Judicial Review at the Federal Court is often the remaining option, including filing a motion to stay the removal while that review is pending.
Why Choose Batra Law Offices for Your Removal Order Matter
Experienced removal order lawyer serving Brampton and the GTA
Guidance on PRRA, stays of removal, and IAD appeals
Federal Court judicial review representation
Clear, realistic advice under tight deadlines
Family law representation across Ontario
FAQs
If you have received a Removal Order, it implies that you cannot legally stay in Canada and must leave the country immediately. This order indicates that the decision to deport you has already been made, and the focus now is on when you will be removed. If you receive a Removal Order, the Canada Border Services Agency (CBSA) will typically summon you to their office to initiate removal proceedings. Failing to appear for the removal interview or on the scheduled removal date could result in the issuance of a nationwide arrest warrant. Once arrested by the CBSA for failure to appear, you may be detained, either in an immigration holding facility or a provincial correctional facility. In certain situations, you may have the right to appeal a Removal Order, particularly if you are a permanent resident. However, there are circumstances where there is no right of appeal. These include cases involving serious criminality, organized crime, security grounds, or violations of human or international rights. If there is a right of appeal, you can contest the decision at the Federal Court of Canada. It’s essential to note that foreign nationals generally cannot appeal their Removal Orders, although they may still contest them in the Federal Court of Canada if there are valid grounds. Typically, winning an appeal against a removal order allows a permanent resident to maintain their status in Canada. This can occur through a Stay Order or if the Board Member decides to revoke the removal order altogether. If a Board Member grants a stay on your removal order, it pauses the process and may include conditions set by the Immigration Division. The Board Member holds the power to revoke the removal order if deemed necessary. Typically, individuals appealing removal orders are those who are currently residing within Canada. This process usually involves individuals contesting or challenging the decision to remove them from the country. However, if you’re outside of Canada, the jurisdiction for appealing removal orders may not apply to you. This means that if you’re not physically present within Canada, you may not have the grounds or legal basis to appeal a removal order. What does it mean if I have received a Removal Order?
What are the consequences of receiving a Removal Order?
What options do I have to challenge a Removal Order?
What will happen if my Removal Order Appeal is won?
My Removal Order has been stayed, how long the duration of the stay will be?
I am outside of Canada can I Appeal a Removal Order?
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Book a Consultation With a Brampton Removal Order Lawyer
Received a removal order? Contact Batra Law Offices today to understand your options. Call us at +1 905-533-0183 or WhatsApp us to get started.