Authorization to Return to Canada (ARC)

Have you ever received a departure, deportation, or exclusion order? If you’ve been subject to a removal order from Canada, you may require an Authorization to Return to Canada (ARC) for your return. The necessity of an Authorization to Return to Canada (ARC) depends on the specific type of removal order issued.

There are three primary types of removal orders

Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) may issue three types of Removal Orders: Departure Orders, Exclusion Orders, and Deportation Orders. The form number on your Removal Order specifies its type.

Departure Order

If you received a Departure Order and departed Canada within the stipulated 30-day period, and

Verified your departure with a Canadian immigration officer at the exit port, you do not need an Authorization to Return to Canada (ARC). You can return to Canada, subject to standard examination at the entry port.

If you departed without verifying your exit or after the 30-day period, the Departure Order automatically becomes a Deportation Order, necessitating an Authorization to Return to Canada (ARC) application.

Meaning, in the case of a Departure Order, departure from Canada within 30 days of the order’s enforcement is mandatory. Additionally, you must verify your departure with the Canada Border Services Agency (CBSA) at your exit port. Compliance with these procedures allows for potential future return to Canada provided all entry requirements are met at that time. Failure to leave within 30 days or to confirm your departure converts the Departure Order into a Deportation Order. To facilitate future return to Canada, obtaining an Authorization to Return to Canada (ARC) becomes necessary.

Exclusion Order

If you were issued an Exclusion Order and 12 months have elapsed since your departure from Canada, and you possess a Certificate of Departure (IMM 0056B) indicating your departure date,

You do not require an Authorization to Return to Canada (ARC). You can return to Canada, subject to regular examination at the entry port. An Authorization to Return to Canada (ARC) is necessary if you wish to return to Canada within 12 months of the Exclusion Order or lack a Certificate of Departure.

Meaning, an Exclusion Order entails a one-year prohibition from returning to Canada. Should you seek to return before this period elapses, an Authorization to Return to Canada (ARC) application is required. In cases where an exclusion order results from misrepresentation, a five-year ban from returning to Canada is imposed. If the Canada Border Services Agency (CBSA) funded your removal from Canada, reimbursement of those costs is mandatory.

Deportation Order

If you’ve been subject to a Deportation Order, you must apply for an Authorization to Return to Canada (ARC)for your return. If deportation resulted from criminal inadmissibility, you must first apply for criminal rehabilitation. Additionally, you may need a Temporary Resident Permit to enter Canada. Hence, besides the Authorization to Return to Canada (ARC), you might require other documents for entry.

Meaning, a Deportation Order permanently prohibits your return to Canada, necessitating an Authorization to Return to Canada (ARC)application for re-entry. Additionally, if the Canada Border Services Agency (CBSA) incurred costs for your removal, repayment is a prerequisite for eligibility to return.

Refugee Applications and Removal Orders

For individuals applying for refugee status, a conditional Removal Order is issued. If the refugee claim is approved, the Removal Order remains inactive. Upon obtaining permanent residency in Canada, the Removal Order becomes null. However, if the refugee claim is declined, the Removal Order becomes enforceable, necessitating immediate departure from Canada once all legal avenues are exhausted.

Non-Compliance and Consequences

Upon the implementation of a Removal Order, immediate departure from Canada is mandatory. Failure to attend a removal interview or adhere to a scheduled removal date results in the issuance of a Canada-wide arrest warrant by the Canada Border Services Agency (CBSA). Subsequently, individuals may be detained in a holding facility pending removal, and Canada Border Services Agency (CBSA) may assign an escort officer to ensure compliance with departure.

Factors Contributing to Delays

Several factors can impede the swift enforcement of a removal order, including:

1. Appeals and Legal Proceedings: Individuals appealing the removal order or engaging in legal processes experience delays in removal.
2. Claims for Protection: Eligibility for a pre-removal risk assessment may delay removal until a final decision is reached.
3. Travel Documents: Obtaining passports for entry into another country can pose challenges.
4. Identity Verification: Difficulties in confirming an individual’s identity or citizenship can delay removal.
5. Failure to Appear: Non-compliance with scheduled removals prompts issuance of an immigration arrest warrant.
6. Administrative Deferral of Removals (ADR): Temporarily defers removals in humanitarian crises, with removal resuming once the situation stabilizes.
7. Temporary Suspension of Removals (TSR): Interrupts removals to areas with heightened risks, such as armed conflicts or environmental disasters.
8. Work or Study Permit Eligibility: If unable to be removed due to ADR or TSR, individuals may qualify for work or study permits.

It’s essential to note that despite ADR or TSR, individuals ineligible for entry due to criminal, human rights violations, or security concerns may still face removal. Currently, ADR and TSR are in place for specific regions, providing temporary reprieves from removals in precarious circumstances.

Arrests, Detentions, and Removals

The Canada Border Services Agency (CBSA) oversees arrests, detentions, and removals of individuals not authorized to stay in Canada.

Arrests

Canada Border Services Agency (CBSA) officers can issue warrants for the arrest and detention of permanent residents or foreign nationals if there are reasonable grounds to believe they are inadmissible under the Immigration and Refugee Protection Act due to:

• posing a threat to public safety
• being unlikely to attend immigration proceedings or removal processes
• inability to verify their identity
• being part of an irregular arrival as designated by the Minister of Public Safety and Emergency Preparedness

Immigration laws allow for the arrest and detention of foreign nationals without a warrant. Regardless, the arresting officer must inform the individual of the reasons for their arrest, their right to legal representation, and their right to notify their government representative.

Detentions

Under Canadian immigration law, the Canada Border Services Agency (CBSA) can detain permanent residents and foreign nationals under specific conditions, considering alternative options before resorting to detention. Canada Border Services Agency (CBSA) ensures detention procedures meet the highest standards, prioritizing the physical and mental well-being of detainees and the safety of Canadians. The National Immigration Detention Framework (NIDF) marks a shift toward a more equitable and effective detention system.

Canada Border Services Agency (CBSA) officers can detain individuals at ports of entry if necessary for examination or if there are security concerns, human rights violations, criminality, or organized criminal activity. They can also detain individuals if there are reasonable grounds to believe they won’t appear for immigration proceedings, pose a danger to the public, or fail to prove their identity. Additionally, individuals designated as part of an irregular arrival may be detained.

Removals

The removal of individuals lacking the right to enter or remain in Canada is crucial for upholding the integrity of our immigration system and ensuring equity for lawful immigrants to this country.

The Canada Border Services Agency (CBSA) prioritizes removal cases involving national security, organized crime, crimes against humanity, and individuals with criminal records. Failed refugee claimants who entered Canada between ports of entry are also prioritized due to their impact on the asylum system.

Removal Process

The process of removal is intricate and non-linear. The mere presence of a removal order does not guarantee immediate removal from Canada. The Canada Border Services Agency (CBSA) initiates removal proceedings only after completing a multifaceted, legally prescribed process, which includes various applications to Immigration, Refugee, and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB).

Individuals have the right to request judicial review by the Federal Court of decisions made by Canada Border Services Agency (CBSA) officers regarding removals, which may result in a temporary halt (known as a “stay” of removal) until the court reaches a decision. The Canada Border Services Agency (CBSA) may also need to secure travel documents on behalf of the individual being removed, a task that can be time-consuming depending on the cooperation of the individual’s country of origin.

Collaboration with other Government of Canada departments is essential for engaging with other countries, but this process is often complex and time-consuming.

Once all legal and administrative avenues have been exhausted, travel arrangements for removal are made. This can range from driving an individual to the Canada-US border to chartering a plane for those unable to be removed by commercial airliner. Decisions regarding the necessity of escorting the individual and the routing to be taken are based on risk assessments. Planning for removal, especially if it involves transit through a third country, can be time-intensive due to the complexity of routing.

How we can Help!

Akrami and Associates Immigration Law Firm can assist clients facing removal orders or in need of an Authorization to Return to Canada (ARC) in several ways.

We provide experienced legal representation for clients navigating removal proceedings. The team can advocate on behalf of clients during detention reviews, hearings, and appeals processes to challenge removal orders. Akrami and Associates can assess your individual circumstances under removal order to explore potential avenues for relief, such as humanitarian and compassionate grounds or applications for stay of removal. For clients requiring an Authorization to Return to Canada (ARC) to return to Canada after a removal order, the firm can guide them through the application process, ensuring all necessary documentation is prepared and submitted correctly.

If a removal order is upheld, the firm can assist you in appealing the decision or seeking judicial review to challenge the legality of the removal order. Akrami and Associates Immigration Law firm can advise clients on compliance with CBSA requirements, including reporting obligations or conditions of release pending removal. Throughout the entire process, the firm offers support and guidance to clients, providing clear communication and updates on the progress of their case while addressing any concerns they may have.

Overall, Akrami and Associates Immigration Law Firm offers comprehensive legal assistance and representation to clients facing removal orders or seeking an Authorization to Return to Canada (ARC), aiming to achieve the best possible outcome for their immigration situation.

Contact us today!