Removal Order Lawyer in Canada: Stop Deportation
If you’ve received a removal order from CBSA or IRCC, you may still have options to stop or delay. Ayodele Law helps clients in Toronto and across Canada respond to departure, exclusion, and deportation orders—often under urgent timelines.
What is a Removal Order in Canada?
A Removal Order is a legal document requiring a person who is not a Canadian citizen to leave Canada. It may be issued after an examination by CBSA, after an admissibility hearing at the Immigration Division, or automatically in some refugee claim situations (a “conditional” removal order).
A Removal Order can apply to foreign nationals and, in some circumstances, permanent residents (for example, criminal inadmissibility or residency obligation issues)
Common Reasons Removal Orders are Issued
Removal orders can start from many situations, including:
Overstaying a visitor record, study permit, or work permit
Working or studying without authorization
Misrepresentation (errors or omissions in an application, or allegations of false information)
Criminal inadmissibility (charges or convictions in Canada or abroad)
PR residency obligation concerns (not meeting the 730-day rule)
Refused or abandoned refugee claims after all steps are complete
Inadmissibility based on security, human rights, or organized crime allegations (these require urgent legal strategy)
The Three Types of Removal Orders and What they Mean
| Type of Removal Order | What It Means & Key Consequences |
|---|---|
| Departure Order | Requires you to leave Canada within 30 days and confirm your departure with the Canada Border Services Agency (CBSA). If you comply, there is usually no restriction on returning to Canada. If you fail to leave or do not confirm departure, the order can automatically become a Deportation Order. |
| Exclusion Order | Requires you to leave Canada and bars you from returning for a set period—typically 12 months, or 5 years if the order is based on misrepresentation. You may need an Authorization to Return to Canada (ARC) to re-enter Canada before the exclusion period ends. |
| Deportation Order | The most serious type of removal order. A Deportation Order permanently bars you from returning to Canada unless you obtain an Authorization to Return to Canada (ARC). These orders often arise from non-compliance, criminal inadmissibility, or security-related findings and require careful legal strategy. |
What Happens If You Miss a Removal Interview or Removal Date?
If you do not appear when required, CBSA may treat you as non-compliant and can take enforcement steps that may include:
being reported as missing,
a Canada-wide warrant process, and
detention in some situations.
If you’ve missed (or may miss) a date, speak with a lawyer immediately—often the best outcomes come from acting early and communicating strategically.
Early legal assessment helps ensure the correct permit pathway is selected before an application is submitted.
Can You Challenge or Stop a Removal Order?
Sometimes, yes—depending on your status, the reason for the order, and where you are in the process. Options may include:
| Legal Option | What It Does & When It Applies |
|---|---|
| Immigration Appeal Division (IAD) Appeal | Allows certain permanent residents and sponsored family members to appeal a removal order. The IAD may cancel the order, dismiss the appeal, or grant a stay of removal based on humanitarian considerations. Appeal rights are restricted in cases involving serious criminality or security concerns. |
| Federal Court Judicial Review | Challenges legal or procedural errors in a removal decision. This process does not re-hear the facts of the case but examines whether the decision was made fairly and lawfully. A separate stay of removal is usually required to prevent deportation while the case is before the Court. |
| Stay of Removal | A request to temporarily stop deportation while another legal process is underway, such as an appeal or judicial review. Stays are highly time-sensitive and depend on factors like irreparable harm, balance of convenience, and serious legal issues. |
| Pre-Removal Risk Assessment (PRRA) | Assesses whether removal would expose you to risk such as persecution, torture, or cruel and unusual treatment. PRRA eligibility is restricted and subject to strict timelines. When available and properly triggered, it may temporarily stop removal. |
| Humanitarian & Compassionate (H&C) Application | Requests discretionary relief based on hardship, establishment in Canada, family ties, and the best interests of any children affected. An H&C application does not automatically stop removal and often requires additional legal steps. |
| Administrative Deferral or Temporary Suspension | In limited circumstances, removals may be deferred due to medical issues, humanitarian crises, or country-wide conditions. These measures are temporary and do not eliminate the removal order, but they may provide time to pursue other remedies. |
Reasons CBSA Removals Get Delayed (And Why That Matters)
Not every removal happens right away. Delays can occur due to:
pending appeals / court steps
PRRA steps (when eligible and properly triggered)
lack of travel documents (passport/identity issues)
medical barriers to travel
administrative deferrals or country-wide measures (rare, but possible)
A delay can be an opportunity—but only if you use the time to pursue the right remedy and evidence.
How Ayodele Law helps with removal orders
Removal orders are time-sensitive and legally complex, and the wrong step can permanently affect your ability to remain in or return to Canada. Ayodele Law assists clients in Toronto and across Canada with responding to departure, exclusion, and deportation orders, including appeals, stays of removal, PRRA applications, and Federal Court matters. If you are searching for a removal order lawyer near you or need urgent legal guidance near me, we focus on clear advice, realistic options, and protecting your future immigration prospects.
From Our Clients
Tracy made the best decision for my case even though other lawyers recommended otherwise. They were patient and understanding.
Frequently Asked Questions
Removal orders raise urgent legal questions and strict deadlines. Below are answers to some of the most common concerns we hear from individuals facing departure, exclusion, or deportation from Canada. If your situation is time-sensitive, seeking legal advice early is critical.
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A removal order is a legal decision requiring a person who is not a Canadian citizen to leave Canada. Removal orders are issued by the Canada Border Services Agency (CBSA) or following an immigration hearing, and they can apply to foreign nationals and, in some cases, permanent residents.
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Canada has three types of removal orders: Departure Orders, Exclusion Orders, and Deportation Orders. Each carries different consequences, timelines, and restrictions on returning to Canada. The type of order you receive determines what options may be available to you.
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In some situations, yes. Certain permanent residents may appeal to the Immigration Appeal Division (IAD). Others may challenge a removal order through the Federal Court of Canada, request a stay of removal, or pursue other legal remedies depending on their circumstances and deadlines.
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Not always. Some removal orders allow time to leave voluntarily, while others may be enforceable right away. In many cases, there may be short windows to file appeals, request a stay, or apply for other relief. Acting quickly is critical.
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Yes. Permanent residents can be issued removal orders for reasons such as criminal inadmissibility, misrepresentation, or failing to meet residency obligations. However, permanent residents may have additional appeal rights that are not available to foreign nationals.
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Failing to comply with a removal order can lead to serious consequences, including enforcement action by CBSA, detention, and long-term or permanent bars from returning to Canada. It can also make future immigration applications significantly more difficult.
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Removal orders are complex and highly time-sensitive. An experienced immigration lawyer can help you understand the type of order you’ve received, assess whether you have options to challenge or delay removal, and guide you through the correct legal steps. Speaking with a Toronto removal order lawyer as early as possible can make a meaningful difference.