Challenging Removal Orders in Canada | Immigration Lawyer – Maple Law Corp

 

Challenging Removal Orders – Your Legal Options in Canada


Receiving a deportation order from Canadian immigration authorities can be a daunting and severe experience for you or a loved one. When the government issues a removal order, it indicates that you are required to leave Canada. However, in many situations, you are able to contest the order and protect your right to stay. Our skilled immigration attorneys at Maple Law Corp. assist clients in comprehending and navigating the legal procedures for contesting removal orders in Canada.

What Is a Removal Order?

An formal order from the Canada Border Services Agency (CBSA) mandating that a non-citizen depart Canada is known as a removal order. It may be issued for reasons such as:


  • Inadmissibility due to criminality

  • Overstaying a visa or expired status

  • Failing to comply with immigration requirements

  • Misrepresentation or fraud

Receiving a removal order does not imply your legal options are over. You may be qualified to dispute the order based on your circumstances.

Types of Removal Orders

There are three main types of removal orders in Canada:

  1. Departure Order – You must leave Canada within a specified time (usually 30 days).

  2. Exclusion Order – You must leave and cannot return for one year without written permission.

  3. Deportation Order – A serious order that prevents you from returning unless approved by an immigration authority.

Each type carries different consequences, and the strategies for challenging them vary.

How You Can Challenge a Removal Order

There are several ways to challenge a removal order in Canada, including:

✅ 1. Filing an Appeal to the Immigration Appeal Division (IAD)

You may be entitled to file an appeal with the Immigration Appeal Division of the Immigration and Refugee Board of Canada if you were given a removal order following a decision about your application for permanent residence.

✅ 2. Applying for Judicial Review

In some situations, you may request that the Federal Court of Canada examine the validity of the removal order or relevant rulings.

✅ 3. Humanitarian and Compassionate (H&C) Grounds

For humanitarian and compassionate reasons, such as close family links in Canada or severe hardship if you were to return home, you may request an exception to the removal order.

✅ 4. Stay of Removal

A stay of removal demands that the government temporarily stop the enforcement of the removal order while your legal challenge continues.

Common Reasons to Challenge a Removal Order

People challenge removal orders for many reasons, including:

  • Being separated from family members in Canada

  • Facing danger or persecution if returned home

  • Errors in the original immigration decision

  • New evidence that was not considered earlier

Why You Need an Immigration Lawyer

Challenging a removal order includes rigorous timelines, complex procedures, and comprehensive legal arguments. Your chances of success are increased when you work with an experienced immigration attorney because we

  • Assess your case and eligibility for relief

  • Prepare and file legal applications and supporting evidence

  • Represent you in court or before immigration authorities

  • Advocate strongly for your rights

Get Help Today

Don't delay if you have a removal order or think one might be issued. Maple Law Corp can assist you understand your rights, examine your legal alternatives, and take action to protect your status in Canada.

👉 Contact us for a consultation and dedicated legal support.

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