Deportation in Canada is a serious legal action that results in a permanent ban on returning to the country. Canadian laws are designed to uphold the values and norms of Canadian society, and any violation of these laws can lead to deportation. It is crucial for all immigrants, whether temporary or permanent residents, to be aware of the grounds for deportation in Canada to avoid facing such consequences.
Scenarios Leading to Deportation
Committing Major Offences: Engaging in major offenses with a potential jail sentence of ten years or more, such as murder or kidnapping, can lead to deportation.
- Theft and Robbery: Theft exceeding $5,000 or robbery without a firearm are serious offenses that can result in deportation. Attempting to evade law enforcement can also trigger deportation.
- Possession of Banned Weapons: Being found in possession of prohibited weapons and ammunition is a deportable offense.
- Assault: Any form of assault that results in bodily harm, whether with or without a firearm, can lead to deportation.
- Fraudulent Activities: Using or owning stolen or counterfeit credit cards is a deportable offense.
- Driving Offences: Driving under the influence of drugs or alcohol (DUI) is a serious offense that can result in deportation. Canada has a zero-tolerance policy towards impaired driving since 2018.
- Irresponsible Driving: Reckless driving that causes serious physical harm or death to others, such as speeding in residential areas and causing accidents, can be grounds for deportation.
- Aggravated Felonies: Committing aggravated felonies like drug trafficking or manufacturing illicit drugs can lead to deportation.
- Multiple Minor Crimes: Being convicted of two or more minor crimes can also result in deportation.
- National Security Concerns: Engaging in activities that pose a threat to national security or committing acts against the Canadian government can lead to deportation.
- Espionage and Terrorism: Involvement in espionage, subversion, terrorism, or association with organizations engaged in such activities can trigger deportation.
- International Crimes: Committing international or human rights violations like war crimes, genocide, or being part of a government involved in crimes against humanity can result in deportation.
Consequences of Deportation Order Non-Compliance
When a removal order becomes effective, it is mandatory to leave Canada within the specified timeframe. Failure to comply can lead to serious consequences, including the issuance of a Canada-wide arrest warrant by the Canada Border Services Agency (CBSA). If arrested, individuals may be detained in a holding facility before being released. An escort officer may also be assigned to ensure the individual leaves Canada as ordered.
Appealing Removal Orders
Individuals facing a removal order have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). The IAD is responsible for making legally sound decisions on immigration and refugee matters, including appeals to removal orders. Those with a removal order typically have 30 days to file an appeal with the IAD by submitting a completed Notice of Appeal form along with a copy of the removal order received.
By understanding the scenarios that can lead to deportation, complying with removal orders, and knowing the appeal process, immigrants in Canada can navigate the legal system effectively and avoid the serious consequences of deportation.
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