removal order
📖 O que é removal order? Significado e conceito
A removal order is a formal directive issued by Canadian authorities, such as the Canada Border Services Agency (CBSA), which mandates an individual's departure from Canada. The Immigration and Refugee Protection Act (IRPA) requires that such orders be enforced "as soon as possible." Individuals facing a removal order may seek to challenge it through various legal avenues, including applying for judicial review of the decision.
In some situations, a person subject to a removal order might request a deferral of its execution, for example, to allow children to complete a school year. If such a request is denied, the individual can apply to the Federal Court for a stay of removal, which temporarily stops the removal process while their legal challenges are heard. This is considered an extraordinary remedy.
To obtain a stay of removal, the person must demonstrate that they would suffer irreparable harm if removed before their case is fully heard. This harm must be more significant than the inherent difficulties of the removal process itself. The person has the responsibility to provide clear and specific evidence showing a real likelihood of unavoidable irreparable harm without the stay.
📋 Requisitos
- A removal order must be enforced "as soon as possible" under the IRPA.
- A stay of removal requires establishing irreparable harm between the date of removal and the hearing of the proceeding.
- The prejudice for a stay must be more than the harm inherent in the removal process.
- Clear and non-speculative evidence demonstrating a real probability of unavoidable irreparable harm is required for a stay.
📝 Procedimento
- An officer of the Canada Border Services Agency issues a decision regarding the execution of a removal order.
- The affected individual may request to defer the execution of their removal order.
- If deferral is denied, the individual can bring a motion to the Federal Court seeking a stay of removal.
- The Federal Court applies a three-part test to determine if a stay of execution of the removal order is justified.
💡 Exemplos
- A family with school-aged children requested to defer their removal from Canada to Sweden until the end of the school year, but their request was refused.
- An individual sought a stay of their removal order, arguing that they would suffer significant harm if forced to leave Canada before their judicial review application could be heard.
- The Federal Court granted a stay of a removal order, finding that the applicants had met the necessary three-part test to temporarily stop their removal.
- A motion for a stay of removal was denied because the moving party failed to present clear evidence of irreparable harm beyond the normal difficulties of being removed.
📚 Base legal
- Immigration and Refugee Protection Act, SC 2001, c 27
❓ Perguntas frequentes
What does it mean if I receive a removal order?
Receiving a removal order means that the Canadian government has decided you must leave the country. The law requires this order to be carried out as soon as possible.
Can I challenge a removal order?
Yes, you can challenge a removal order, often by seeking judicial review of the decision. However, the law states that a removal order must be enforced quickly, so any challenge needs to be based on serious grounds.
What is a 'stay of removal'?
A 'stay of removal' is a court order that temporarily stops your removal from Canada. It is an extraordinary remedy granted while your legal challenge, such as a judicial review, is being considered.
What do I need to prove to get a stay of removal?
To get a stay, you must show that you would suffer 'irreparable harm' if you were removed before your case is heard. This harm must be more than the usual difficulties of being removed, and you need to provide clear, specific evidence of it.
Can I ask to delay my removal for personal reasons, like my children's schooling?
You can request a deferral of your removal for personal reasons. However, if this request is denied, you might need to apply for a stay of removal from the Federal Court to prevent your immediate departure.
What happens if my application for a stay of removal is denied?
If your application for a stay of removal is denied, the removal order can proceed. It is important to understand the reasons for the denial and consider any further legal options you might have, possibly with the help of a qualified immigration lawyer.