Removal Orders and Stays of Removal in Canadian Immigration – Member

This course provides Regulated Canadian Immigration Consultants with a comprehensive understanding of removal orders and stays of removal in the Canadian immigration system. Participants will explore the types of removal orders, enforcement processes, and conditions under which these orders can be stayed, voided, or deferred. The course covers Temporary Suspension of Removals (TSR), Administrative Deferral of Removals (ADR), and the Authorization to Return to Canada (ARC). Practical insights, real-world case studies, and group discussions will equip participants with the knowledge and strategies needed to effectively represent clients facing removal proceedings.

1. Welcome and Opening Remarks (5 minutes)

– Introduction of the speaker(s) and topic.
– Overview of session objectives.
– Importance of understanding removal orders and stays in immigration practice.

2. What is a Removal Order? (15 minutes)

– Definition and purpose of removal orders.
– Difference between inadmissibility and removal.
– Overview of types of removal orders: Departure Order, Exclusion Order, and Deportation Order.

3. Enforcement of Removal Orders (20 minutes)

– What makes a removal order enforceable?
– Consequences of enforceable removal orders:
  – Nationwide warrants and deportation logistics.
– Unenforceable removal orders:
  – Scenarios that render removal orders unenforceable (e.g., judicial reviews, PRRA, or H&C applications).
– Steps and timelines for enforcement.

4. When a Removal Order Stays (20 minutes)

– Overview of stays of removal:
  – Automatic stays.
  – Discretionary stays by Immigration Appeal Division or Federal Court.
– Temporary Suspension of Removals (TSR):
  – Reasons for suspension (e.g., natural disasters, conflict in home country).
  – Countries currently under TSR.
– Administrative Deferral of Removal (ADR):
  – Circumstances leading to ADR issuance.
  – Limitations and timeframes.
– Removal orders on hold due to identity or travel documents.

5. Could a Removal Order Become Void? (15 minutes)

– Circumstances voiding removal orders:
  – Permit expiry and other scenarios.
– Overview of relevant sections (R231-R233).
– Implications of void removal orders for immigration status in Canada.

6. Authorization to Return to Canada (ARC) (10 minutes)

– Eligibility and requirements for ARC applications.
– Re-entry after Departure Orders:
  – Compliance with timelines and official departure reporting.
– Re-entry after Exclusion Orders:
  – Timelines for return (e.g., 12 months or 60 months for misrepresentation cases).
  – Documentation required for ARC applications.

7. Alternatives to Removal Orders (10 minutes)

– Voluntary Departure:
  – Signing Voluntary Departure forms and benefits.
– Direction to Leave Canada:
  – Process and implications.
– Use of Visitor Records in inadmissibility cases (rare scenarios).

8. Case Studies and Scenarios (15 minutes)

– Scenario 1: Enforceable vs. unenforceable removal orders—client strategies.
– Scenario 2: Managing ADR and TSR scenarios—practitioner best practices.
– Scenario 3: Applying for ARC after misrepresentation or deportation orders.
– Group activity: Propose strategies for handling specific removal situations.

9. Q&A and Open Discussion (10 minutes)

– Addressing participant queries.
– Clarifying complex scenarios related to removal orders, stays, and enforcement.

2 Hours