What to Do After Getting a Removal Order

Getting a removal order is frightening, but it does not automatically mean you have to leave Canada tomorrow. The Canada Border Services Agency (CBSA) and, in some cases, Citizenship Canada (IRCC, also called Citizenship and Immigration) can issue and enforce removal orders. What you should do next depends on the type of removal order, whether you are a permanent resident or foreign national, and whether you have a right of appeal to the Immigration Appeal Division or only a court option like judicial review at the Federal Court.

Stay Calm and Understand Your Situation

First, slow down and confirm exactly what you have received. Many people use “deportation” as a catch-all, but Canadian immigration law has different types of removal, and they carry different consequences for leaving Canada and trying to return to Canada later.

In general, the three main types of removal orders in Canada are:

• Departure order

• Exclusion order

• Deportation order

These categories are set out in the Immigration and Refugee Protection Regulations.

If you do not know which one you have, it is usually written on the order itself (often on a CBSA form), and it may also be referenced in any notice for an admissibility hearing at the Immigration Division of the Immigration and Refugee Board (IRB).

Immediate Actions to Take After Receiving a Removal Order

Check Deadlines

Deadlines drive everything. Missing a time limit can close off legal right(s) you may have.

If you are considering judicial review at the Federal Court of Canada, the Immigration and Refugee Protection Act sets strict filing deadlines: 15 days for decisions made in Canada and 60 days for decisions made outside Canada.

If you are a permanent resident (or in some situations a protected person) and you have a right of appeal, there are typically short timelines to start an appeal to the Immigration Appeal Division. The IRB’s guidance emphasizes that you must act quickly and follow the required steps to start an appeal.

If you are unsure which deadline applies to you, treat it as urgent and get advice immediately. In removal files, a few days can make a difference.

Gather Documents

Do not rely on memory. Build your file in a way that a lawyer can assess quickly.

At minimum, gather:

• The removal order itself and any CBSA letters (including any removal interview notice)

• All IRCC refusal letters or decisions (for example, a refused permanent resident visa or refusal of permanent residence)

• Any IRB documents (Refugee Board or Immigration Division paperwork, hearing notices, reasons)

• Your full immigration history: prior permits, extensions, refusals, and any past enforcement paperwork

• Passports and travel documents (current and expired), and any identity documents CBSA may be asking for

• Criminal paperwork if criminal inadmissibility is alleged (court dockets, dispositions, probation documents)

If allegations involve serious issues like organized crime, war crimes, “committing war crimes,” or security threat grounds, evidence gathering needs to be extremely careful, because these categories raise higher stakes and may limit appeal rights depending on the facts and findings.

Avoid Travel Outside Canada

Until you have a plan, avoid leaving Canada. Exiting can trigger enforcement consequences, complicate the removal process, and create barriers to enter Canada again. If you leave Canada under certain types of removal orders, your ability to come back may require an authorization to return (ARC), and timing matters.

Contact an Immigration Lawyer

Removal work is deadline-driven and evidence-heavy. You need a lawyer who can quickly determine:

• The type of removal order

• Whether there is a right of appeal to the Immigration Appeal Division

• Whether the only route is judicial review in the Federal Court

• Whether a stay of removal is needed (if removal is imminent)

• Whether risk-based or discretionary options apply (PRRA, H&C, TRP, ARC)

Your Rights and Legal Options

Your available legal recourses depend on two core questions:

1. Are you a permanent resident, a protected person, or a foreign national?

2. Was the order made by the Immigration Division after an admissibility hearing, or was it issued another way?

Quick Roadmap After a Removal Order

Legal Remedies Beyond Appeals

Even when an appeal is not available (or is risky), there may be other options depending on the facts.

Judicial Review (Federal Court)

If you do not have access to the Immigration Appeal Division, the most common litigation route is judicial review at the Federal Court. This is not a new hearing on the facts. The Court reviews whether the decision was reasonable and whether there was procedural fairness.

The filing deadlines are strict: 15 days for decisions made in Canada and 60 days for decisions made outside Canada.

If removal is imminent, a stay of removal may be required. Stays are discretionary and depend heavily on the evidence and timing.

PRRA (Pre-Removal Risk Assessment)

A PRRA is a risk-focused process that assesses whether a person would face certain harms if removed. IRCC’s PRRA pages confirm that PRRA is part of the “refusal options” pathway related to protection, and decisions are communicated with CBSA involved in the process.

PRRA eligibility is technical and timing-dependent, and it often intersects with whether you are a convention refugee, a refused refugee claimant, or someone with a different immigration history before the Refugee Board.

Humanitarian and Compassionate (H&C)

An H&C application can be a relevant tool in exceptional circumstances, particularly where there are strong establishment factors, serious medical issues, or compelling best interests of children. It is not an automatic pause on removal, and it must be assessed strategically alongside enforcement realities.

If removal is actively moving forward, you may need to consider stay litigation or other measures rather than assuming an H&C filing will stop the process.

Preparing Evidence for Your Case

Evidence is not just “more documents.” It is the right documents, organized around the legal issues in your case.

Core evidence themes (various factors decision-makers look at)

• Identity and travel history: passports, entry/exit stamps, CBSA records, consistent identity documentation

• Immigration history: prior applications, refusals, compliance evidence, and explanations for gaps

• Risk evidence (if relevant): country condition materials, individualized threats, and credible supporting records

• Family and establishment: employment, taxes, community ties, caregiving responsibilities

• Human or international rights considerations: where removal engages serious safety issues or persecution risks, evidence must be specific and credible

• Criminal inadmissibility issues: court outcomes, rehabilitation evidence, and accurate sentencing documents (especially if a “maximum prison term” threshold is in play)

If you have been “found inadmissible” for reasons like organized crime, security threat, or allegations linked to war crimes or committing war crimes, the evidence strategy must be built carefully with counsel, because these findings can severely restrict relief and raise long-term consequences for returning.

Understanding the Types of Removal Orders

This is one of the most important practical sections, because it affects how you leave Canada, how you prove you left, and how you may return to Canada later.

Departure order

A departure order requires you to leave Canada, and it carries compliance steps (including confirming departure). If a person fails to comply with the departure order requirements, the consequences can escalate, including enforcement measures and future barriers.

Exclusion order

An exclusion order typically bars return for a set period. In some cases (for example, misrepresentation findings), the exclusion period can be longer, and the details matter for the “five year period” and any authorization to return requirements.

Deportation order

A deportation order is the most serious of the three types of removal. As a practical matter, it usually means you cannot simply come back later without an Authorization to Return to Canada (ARC), even if you later qualify for a new immigration pathway.

The CBSA Removal Process and Removal Interview

CBSA is the enforcement body that carries out removals. Practically, CBSA may schedule a removal interview, request passports or travel documents, and set reporting requirements. If a person fails to attend reporting, fails to attend a removal interview, or disappears, enforcement can escalate quickly.

You should assume CBSA is documenting compliance and non-compliance, and those records can affect discretionary decisions later (including ARC and any future applications).

How AKM Law Can Help After a Removal Order

If you are facing a removal order, the most important thing is not to navigate it alone. Removal cases move quickly, deadlines are strict, and the legal framework under Canadian immigration law is technical. At AKM Law, we begin by conducting a detailed assessment of your immigration history, the type of removal order issued, and whether you are a foreign national, permanent resident, protected person, or refugee claimant. The strategy is always tailored to your specific status and procedural stage.

We analyze whether you have a right of appeal to the Immigration Appeal Division, whether judicial review at the Federal Court is available, and whether urgent relief such as a stay of removal is necessary. If there is an admissibility hearing before the Immigration Division, we prepare your evidence carefully and address the specific allegations, whether they involve misrepresentation, criminal inadmissibility, permanent resident residency obligations, or other grounds. Every submission is structured around the legal test that the decision-maker must apply.

If you have received a removal order or have been contacted by the CBSA about a removal interview, it is essential to seek legal advice immediately. Early intervention often makes the difference between compliance and a meaningful opportunity to remain in Canada or return in the future.

Frequently Asked Questions About Removal Orders in Canada

Does a removal order mean I must leave Canada immediately?

Not always. A removal order only becomes enforceable once any available appeal rights or court remedies are exhausted. If you have the right to appeal to the Immigration Appeal Division or seek judicial review at the Federal Court of Canada, removal may be paused while that process unfolds. However, once there are no legal barriers remaining, the Canada Border Services Agency (CBSA) will move forward with the removal process.

The key issue is timing. Many people assume they have more time than they actually do. Understanding when your removal order becomes enforceable is critical.

What is an admissibility hearing and how does it relate to a removal order?

An admissibility hearing takes place before the Immigration Division of the Immigration and Refugee Board. It is typically triggered when the CBSA alleges that a foreign national or permanent resident is inadmissible to Canada, whether for criminal inadmissibility, misrepresentation, organized crime, security concerns, or other grounds under immigration law.

If the Immigration Division finds that the person is inadmissible, it can issue a removal order. That decision may then be appealable to the Immigration Appeal Division, depending on the person’s status and the nature of the inadmissibility.

Can permanent residents lose their permanent residency because of a removal order?

Yes. A permanent resident who is found inadmissible may lose their permanent residency if the removal order becomes final. However, permanent residents often have broader appeal rights than foreign nationals. In many cases, they can appeal to the Immigration Appeal Division and argue humanitarian and compassionate factors.

If the appeal is successful, the removal order may be set aside. If not, the permanent resident may lose their status and be required to leave Canada.

What happens if I do not have valid travel documents?

The CBSA cannot remove someone without proper travel documents, such as a valid passport or emergency travel certificate from the person’s home country. In some cases, enforcement may be delayed while documents are obtained. However, this does not cancel the removal order.

Delays in documentation can lead to prolonged supervision, reporting conditions, or in some cases detention. It is important to understand that lack of documents does not eliminate the legal obligation to comply with the removal order once it is enforceable.

Can I apply for permanent residence while under a removal order?

This depends heavily on the circumstances. In some situations, individuals may pursue a Humanitarian and Compassionate (H&C) application or other immigration applications even while facing removal. However, removal may proceed unless there is a legal mechanism in place to pause it, such as a pending appeal or stay granted by the Federal Court.

Every situation requires a careful legal analysis. Filing an application alone does not automatically stop the removal process.

How long does a removal order affect my ability to return to Canada?

The impact depends on the type of removal order and how it was enforced. An exclusion order may carry a fixed bar period, such as one year or longer in cases involving misrepresentation. A deportation order generally requires an Authorization to Return to Canada (ARC) before re-entry is permitted.

If a person fails to comply with a removal order or does not confirm departure properly, future attempts to return to Canada can become significantly more complicated.

What if I fear harm in my home country?

If removal would expose you to serious risk, you may be eligible to apply for a Pre-Removal Risk Assessment (PRRA). This process evaluates whether you face danger due to persecution, risk to life, or cruel treatment if returned.

Eligibility for PRRA depends on prior refugee claims and timing restrictions. In urgent situations, legal advice is critical because PRRA applications and stay motions involve strict procedural requirements.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.