Canada Deportation | Complete Guide to Deportation in Canada

Facing deportation from Canada can be an overwhelming and stressful experience. Whether you’re a permanent resident, a temporary visa holder, or an asylum seeker, receiving a removal order can disrupt your life, separate you from your loved ones, and impact your future immigration prospects.

This guide is designed to provide clear, step-by-step information about the deportation process in Canada, including the different types of removal orders, your legal rights, and the options available to fight deportation or return to Canada after removal.

There are scenarios that can cause deportation from Canada, including:

Overstaying a visa
Misrepresentation
Criminal inadmissibility
Security concerns
Failure to meet residency requirements
Rejected refugee claims

If you receive a removal order, time is critical. You may have options to challenge or delay your deportation, but acting quickly is essential. Throughout this guide, we will explain the different types of removal orders, the appeals process, the legal remedies available, and how to handle the system effectively.

At Kingwell Immigration Law, we have helped countless individuals fight removal orders, stay in Canada legally, and even return after deportation.

Additional reading: PR card expired

If you or a loved one is facing deportation, contact our Canada deportation lawyer immediately for a consultation—because in immigration cases, every moment counts.

The Canada Deportation Process: How Does Deportation Work in Canada

Deportation in Canada is a legal process carried out by the Canada Border Services Agency (CBSA) under the Immigration and Refugee Protection Act (IRPA). It typically starts with an investigation into a person’s immigration status, which can lead to the issuance of a removal order.

1. How Deportation Begins: The Section 44 Report

The deportation process often starts when a Canada Border Services Agency (CBSA) officer or an Immigration, Refugees and Citizenship Canada (IRCC) official believes that a person may be inadmissible to Canada.

If they determine that there are grounds for removal, which could lead to deportation from Canada, they prepare a Section 44 Report, which is submitted to a CBSA delegate for review.

At this stage, one of three things can happen:

The case is dismissed – No further action is taken.
A deportation order or another removal order is issued – Depending on the circumstances, you may receive a Departure Order, Exclusion Order, or Deportation Order (explained in the next section).
A hearing is scheduled before the Immigration Division (ID) – If the case is complex, you may need to attend an admissibility hearing, where a decision is made on whether you can stay in Canada.

2. Who Can Issue a Removal Order?

A removal order can be issued in different ways, depending on the circumstances:

CBSA Officers at the Border or Inside Canada – If you’re caught violating immigration laws, a CBSA officer can issue an Exclusion Order or Departure Order immediately.
Immigration and Refugee Board (IRB) – Immigration Division (ID) Hearings – If CBSA believes you’re inadmissible due to criminality, misrepresentation, or security concerns, they may refer your case to the Immigration Division, which decides whether to issue a removal order.
Refugee Claimants – When someone makes an asylum claim in Canada, they automatically receive a conditional removal order. If their claim is refused, the removal order becomes enforceable.

3. What Happens After a Removal Order is Issued?

Once a removal order is issued, CBSA sets a timeline for departure based on the type of order. If you fail to leave Canada within the required time, your removal order may escalate to a Deportation Order, which carries more severe consequences.

Can a Removal Order Be Challenged?

Yes! Depending on the type of removal order, you may have options to:

Appeal to the Immigration Appeal Division (IAD) (for certain permanent residents).
Apply for a Stay of Removal to delay deportation.
Seek a Judicial Review in Federal Court if you believe there was an error in the decision.
Apply for a Pre-Removal Risk Assessment (PRRA) if returning to your home country puts you in danger.

The Three Types of Removal Orders in Canada

Type of Removal Order	What It Means	Can You Return to Canada?
Departure Order	Must leave Canada within 30 days and confirm departure with CBSA.	Yes, no restrictions, if you comply with the order.
Exclusion Order	Must leave Canada and cannot return for 1 year (or 5 years in cases of misrepresentation).	After the exclusion period, you can return without special permission. If you return earlier, you must apply for an Authorization to Return to Canada (ARC).
Deportation Order	Permanent removal from Canada, with a lifetime ban.	You must apply for an Authorization to Return to Canada (ARC) before being allowed back.

Departure Order (Least Severe)

A Departure Order is the least serious type of removal order. It requires you to:

Leave Canada within 30 days.
Inform Canada Border Services Agency (CBSA) of your departure.

What Happens If You Don’t Leave in Time?

If you fail to leave within 30 days or don’t confirm your departure with CBSA, your Departure Order automatically becomes a Deportation Order, which has much more serious consequences.

How We Can Help: If you receive a Departure Order, we will help ensure you leave properly, preserving your ability to return to Canada in the future.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Exclusion Order (Medium Severity)

An Exclusion Order requires you to leave Canada and prohibits you from returning for:

1 year for general immigration violations (e.g., overstaying a visa).
5 years if the order was issued due to misrepresentation (e.g., providing false information on an immigration application).

How to Return After an Exclusion Order:

If you wait until your exclusion period is over, you can re-enter Canada without special permission.
If you want to return before the ban expires, you must apply for an Authorization to Return to Canada (ARC).

What Happens If You Try to Re-Enter Canada Without ARC?

Trying to enter Canada before the exclusion period ends without an ARC can lead to denied entry and even more severe immigration consequences.

How We Can Help: We assist clients in filing strong ARC applications to improve their chances of returning to Canada after an Exclusion Order.

Deportation Order (Most Severe)

A Deportation Order is the most serious removal order. It is often issued when:

A Departure Order is ignored, and the person does not leave within 30 days.
A person has criminal inadmissibility (e.g., a serious criminal offense).
The government considers someone a security risk or human rights violator.

What Are the Consequences?

A Deportation Order permanently bars you from returning to Canada unless you obtain an Authorization to Return to Canada (ARC).

How to Return After a Deportation Order:

You must apply for an ARC before coming back to Canada.
Your ARC application must provide compelling reasons for why you should be allowed to return.
A history of criminal offenses or repeated immigration violations can make approval more difficult.

How We Can Help: We can assess your chances of ARC approval and prepare a strong application. If you have criminal inadmissibility, we can also explore rehabilitation options to improve your chances of returning.

How to Fight Immigration Deportation in Canada

If you have received a removal order, you may have legal options to challenge it and stay in Canada. However, acting quickly is essential—missing a deadline could mean losing your right to appeal or apply for a stay of removal.

These are the main ways to fight deportation, with the help of our lawyers:

1. Immigration Appeal Division (IAD) – Appeals for Permanent Residents

If you are a permanent resident or a protected person, you may be able to appeal your removal order to the Immigration Appeal Division (IAD).

Who Can Appeal?

Permanent residents (except those with serious criminality)
Sponsored family members whose status is at risk
Protected persons or refugees facing removal

Who Cannot Appeal?

People ordered removed due to serious criminality (a crime punishable by 10 or more years or a sentence of 6 or more months)
Those deemed a national security risk
Individuals involved in organized crime

How the IAD Appeal Process Works

File a Notice of Appeal within 30 days of receiving the removal order.
Attend a hearing where you present your case.
The IAD may allow the appeal and cancel the removal order or reject the appeal, meaning removal proceeds. The IAD may also issue a stay of removal, allowing you to stay in Canada under certain conditions.

How We Can Help: Our legal team handles IAD appeals, builds strong legal arguments, and represents clients in hearings.

2. Federal Court Judicial Review – Challenging Removal Orders in Court

If you are not eligible for an IAD appeal, you may be able to challenge your removal order through the Federal Court of Canada by requesting a judicial review.

What is a Judicial Review?

This process does not re-examine the facts of your case.
Instead, it looks at whether a legal mistake was made in issuing your removal order.

How the Process Works

Apply for Leave (Permission) within 15 days of the removal order.
The court reviews the case and decides if it should proceed.
A hearing is held before a judge.
The judge may: Overturn the removal order and order a new decision or reject the request, meaning removal proceeds.

Important: A judicial review does not automatically stop your removal. You must also request a stay of removal to delay deportation while your case is heard.

How We Can Help: We represent clients in judicial reviews and stay applications, giving them the best chance of stopping deportation.

3. Humanitarian and Compassionate (H&C) Applications

If you cannot appeal or file for judicial review, you may apply for permanent residence on humanitarian and compassionate (H&C) grounds to stop removal.

Who Can Apply?

People with strong family ties in Canada (spouse, children, dependents)
Individuals who would face severe hardship if removed
Long-term residents with stable employment and community ties
People at risk of serious harm in their home country

How We Can Help: We assist clients in building strong H&C applications with supporting evidence.

4. Pre-Removal Risk Assessment (PRRA) – Protection for Those Facing Danger

A Pre-Removal Risk Assessment (PRRA) allows you to stay in Canada if returning to your home country would put you at risk of persecution, torture, or serious harm.

Who Can Apply?

Individuals at risk of persecution based on race, religion, nationality, political views, or social group
Those who could face torture, cruel, or inhumane treatment
People from countries experiencing ongoing conflict or humanitarian crises

Who Cannot Apply?

Those who had a refugee claim rejected in the past 12 months
People from a country Canada considers “safe” for refugee claims

How We Can Help: We prepare strong PRRA applications with legal arguments and supporting evidence.

How to Delay or Stop Removal

If you have received a removal order, you may be able to delay or stop your deportation through legal actions. The Canadian immigration system provides several options for individuals facing removal, depending on their circumstances, including:

Pre-Removal Risk Assessments (PRRA)
Temporary suspension of removals (TSR)
Administrative deferral of removals (ADR)
Stay of removal applications

1. Pre-Removal Risk Assessment (PRRA)

A Pre-Removal Risk Assessment (PRRA) allows individuals to argue that returning to their home country would put them in danger. If successful, a PRRA can prevent deportation and allow the applicant to remain in Canada.

Who Can Apply for a PRRA?

Individuals who fear persecution based on race, religion, nationality, political opinion, or membership in a social group.
People at risk of torture, cruel, or inhumane treatment in their home country.
Individuals from countries experiencing war, conflict, or humanitarian crises.

Who Cannot Apply?

Those who had a refugee claim rejected in the past 12 months (unless conditions in their home country have changed significantly).
People from countries that Canada considers safe for refugee claims.

How a PRRA Can Stop Removal

Once a PRRA application is submitted, a temporary stay of removal is usually granted while the case is reviewed.
If the PRRA is approved, the applicant may be granted protection in Canada.
If the PRRA is denied, removal will continue unless another legal option is pursued.

How We Can Help: We prepare strong PRRA applications with compelling evidence to increase the chances of success.

2. Temporary Suspension of Removals (TSR)

A Temporary suspension of removals (TSR) is issued by the Canadian government when conditions in a particular country are deemed unsafe for deportation.

Who Benefits from a TSR?

Individuals from countries where armed conflict, environmental disasters, or serious human rights violations make returning unsafe.
Those whose home countries are on Canada’s TSR list (this list is updated based on changing conditions).

How a TSR Can Stop Removal

If a TSR is in place for a specific country, people from that country cannot be deported until conditions improve.
However, individuals inadmissible for criminality, security reasons, or human rights violations can still be removed.

How We Can Help: We monitor TSR updates and assist clients in applying for alternative legal status in Canada while a TSR is in place.

3. Administrative Deferral of Removals (ADR)

An Administrative deferral of removals (ADR) is a temporary pause on deportations to specific countries experiencing sudden humanitarian crises (such as war or natural disasters). As part of the immigration process, ADRs provide relief to individuals who may otherwise face removal.

Who Qualifies for an ADR?

Individuals facing immediate danger if returned to their home country.
People from countries where conditions have rapidly worsened due to political instability, war, or environmental disasters.

How an ADR Can Stop Removal

If an ADR is issued, affected individuals cannot be deported until the situation in their home country improves. While ADRs offer temporary protection, there are exceptions for deportation, such as cases involving criminal activity or security risks. Unlike a TSR, an ADR is short-term and subject to change.

How we can help: We track ADR policies and help clients apply for work permits, study permits, or permanent residence while waiting for a long-term solution within the immigration process.

4. Stay of Removal – Requesting a Temporary Delay

If you do not qualify for a PRRA, TSR, or ADR, you may be able to apply for a stay of removal through the courts. A stay of removal is a legal order that temporarily stops deportation while a case is under review.

Who Can Apply for a Stay of Removal?

Individuals with a pending appeal or judicial review in the Federal Court.
People with new evidence that could impact their case.
Those applying for humanitarian and compassionate (H&C) relief.

How a Stay of Removal Can Stop Deportation

If approved, a stay of removal prevents deportation until a final decision is made.
If denied, CBSA can proceed with the removal immediately.

How We Can Help: We file stay of removal applications to stop deportations and provide legal representation in Federal Court cases.

What Happens If You Fail to Comply with a Departure Order in Canada?

Failing to comply with a removal order can lead to serious consequences, depending on the breach of terms:

Missed Removal Date: If you do not leave as instructed, CBSA may issue a Canada-wide arrest warrant.
Detention: CBSA may detain you in an immigration holding center or provincial jail.
Escorted Removal: You may be removed from Canada under supervision.
Increased Ban on Re-Entry: A Departure Order can turn into a Deportation Order, meaning you need special permission to return.

What You Can Do: If you cannot leave due to valid reasons (medical emergency, lack of travel documents), seek legal advice immediately to apply for a stay of removal or alternative status.

If You Get Deported, Can You Come Back to Canada?

If you have been removed from Canada, re-entry may be possible depending on the type of removal order issued.

Departure Order: No restrictions if you left on time.
Exclusion Order: A one-year or five-year ban; requires an Authorization to Return to Canada (ARC) if returning early.
Deportation Order: Permanent ban; must apply for an ARC to re-enter.

Applying for an ARC:

Explain why you should be allowed back into Canada.
Show strong reasons such as family ties, job offers, or rehabilitation (if deported for criminal reasons).
Provide supporting documents to strengthen your case.

Final Decision and Next Steps

If a final decision has been rendered and removal is ordered, the CBSA will proceed with deportation. In some cases, an officer may accompany you on your departure to ensure compliance.

For those facing Canadian deportation matters, there may still be options, such as applying for a work permit or a study permit while pursuing legal avenues to remain in Canada.

We track key highlights of Canadian immigration regulations and help clients explore options, including applying on humanitarian grounds. If you or a loved one are facing removal, it’s important to seek legal advice as soon as possible.

Facing the Threat of Canadian Deportation? Here's How We Can Help

At Kingwell Immigration Law, we specialize in:

Deportation Appeals: Fighting removal orders at the Immigration Appeal Division (IAD) and Federal Court.
PRRA and Stay Applications: Stopping removal based on risks in your home country.
Humanitarian & Compassionate (H&C) Applications: Helping clients remain in Canada for exceptional reasons.
ARC Applications: Assisting those seeking to return after deportation.

Every removal case is different. Book a consultation today with our Canada deportation lawyer today for legal advice tailored to your situation.

FAQs

Can a refugee be deported from Canada?

A recognized refugee in Canada is generally protected from deportation. However, they can be removed if they commit serious crimes, pose a security threat, or if their refugee status is revoked due to misrepresentation. In such cases, they may lose protection and face a deportation order after due process.

Can I voluntarily leave Canada instead of being deported?

Yes, you can voluntarily leave Canada before being forcibly removed. This is known as a departure order, which allows you to leave without facing an automatic ban from returning. However, if you fail to leave within 30 days, the departure order becomes a deportation order, making future re-entry more difficult.

What are my legal options if my deportation order is based on criminality?

If your deportation order is due to a criminal offense, you may be able to challenge it by appealing to the Immigration Appeal Division (IAD) (if eligible), seeking criminal rehabilitation, or applying for a stay of removal. Depending on your case, you may also pursue humanitarian and compassionate relief to remain in Canada.

How does my immigration status (refugee, PR, work permit holder) affect my deportation case?

Your immigration status affects your options for fighting deportation. Permanent residents can appeal certain removal orders, while refugees may be protected unless their status is revoked. Temporary residents, such as work or study permit holders, generally have fewer legal avenues and may be removed more quickly if they violate immigration laws.

How does deportation impact my family members in Canada?

Deportation can have serious consequences for your family, especially if they depend on you financially or emotionally. If you are removed, your spouse and children may also face status complications, particularly if they rely on your immigration status. In some cases, family sponsorship applications may be affected or canceled.