Deportation and Removal in Canada

By: Kevn Smith | Posted: 29th April 2009

In Canada there are two main reasons for deportation or removal: if a person has illegally entered Canada or if the person if convicted of a serious offence. The determining factor in the case of deportation is usually the type and the nature of the offence. A foreign national or permanent resident who was already deported from Canada once, can not enter Canadian territory without special ministerial consent. There are three types of deportation in Canada basing on the types of deported persons.

Deportation of Permanent Residents

Permanent residents can be deported from Canada for following reasons.

- If a permanent resident was convicted of committing certain criminal offenses before coming to Canada;

- If the resident does not meet the terms and conditions of their landing in Canada;

- If the resident is convicted of a crime in Canada where punishment results in a prison sentence of more than six months or could have resulted in a sentence of ten years or more;

- If a resident has lied or produced falsified documents to gain admission to Canada

A permanent resident can be deported if he or she is convicted of an offense in Canada that is punishable by a potential penalty of at least 10 years of imprisonment, or if he or she has been sentenced to more than six months of imprisonment for any federal offense like section 36(1) of IRPA. It is important that a simple conviction can not be the reason for deportation in Canada. Every case is reviewed by a delegate of Minister of Public Safety and Emergency Preparedness, and all the facts like family relations and financial situation for example are also considered during this review. In most cases the person is allowed to stay in the country. Some of the cases are referred to Immigration Division of the Immigration and Refugee Board of Canada (IRB) for the issuance of removal order under section 44(2) of IRPA. The borderline for permanent residents is a two tear imprisonment. If a permanent resident is sentenced to a term of imprisonment of at least two years under section 64(2) of IRPA he or she loses the right to appeal the deportation order to the Immigration Appeal Division (IAD) of IRB.

Deportation of Foreign Nationals

Foreign nations are people who are not Canadian citizens and not permanent residents. If a foreign national is convicted of two or more summary offenses, not arising out of the same incident, he or she can be deported form Canada. If a foreign national has a status of a protected person (that also includes refugee) or a holds a permanent resident visa he or she has a right to appeal a deportation order to the Immigration Appeal Division.

Deportation Refugee Claimants

The permanent residents and foreign nationals who were convicted of an offense in Canada and sentenced for at least two years of imprisonment are ineligible for claiming refugee protection referred to the IRB for a hearing under section 101(2)(a) of IRPA.

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Tags: financial situation, prison sentence, imprisonment, permanent residents, deportation, criminal offenses, permanent resident