Deportation / Removal

Deportation / Removal — Salgado Law (Ontario)

Deportation and removal proceedings are among the most serious actions the Government of Canada can take against a foreign national or permanent resident. Under the Immigration and Refugee Protection Act (IRPA), a removal order requires an individual to leave Canada, and compliance is enforced by the Canada Border Services Agency (CBSA). For many, this process is overwhelming, stressful, and life-altering. At Salgado Law, we advocate for your rights at every step, providing strategic legal representation tailored to the laws and procedures applicable in Ontario and across Canada

Understanding Removal Orders in Canada

Canada issues three types of removal orders under IRPA:

Departure Order

A Departure Order requires the person to leave Canada within 30 days and confirm departure with CBSA. If complied with correctly, individuals may return to Canada in the future, subject to normal visa requirements. Failure to comply converts it into a Deportation Order, significantly increasing long-term consequences.

Exclusion Order

An Exclusion Order bars a person from returning to Canada for one or two years, depending on the circumstances. In some cases, proof of payment of removal costs is also required before re-entry. If someone wishes to return sooner, they must apply for an Authorization to Return to Canada (ARC).

Deportation Order

This is the most severe type of removal order. A Deportation Order permanently bars a person from returning to Canada unless they obtain an ARC. Deportation orders are often issued in cases involving criminal inadmissibility, misrepresentation, repeated non-compliance, or serious immigration violations.

Common Reasons for Deportation

Removal can occur for multiple reasons under IRPA, including:

Criminal Inadmissibility
Convictions inside or outside Canada can result in loss of status and removal.
Misrepresentation
Providing false documents, withholding material facts, or submitting misleading information can lead to deportation.
Security or Human Rights Concerns
Allegations involving security risks or human rights violations trigger serious enforcement action.
Failure to Comply With the Act
Examples include overstaying visas, working without authorization, or breaching conditions of stay.
Failed Refugee Claims
Individuals whose claims are refused and who have exhausted appeals may receive removal orders.

Whatever the cause, deportation has lasting consequences for your future immigration opportunities. Immediate legal advice is crucial

The Deportation Process

A removal case often begins when CBSA issues or enforces a removal order. The process may include:

Interviews with CBSA enforcement officers
Notices to appear for removal preparation
Collection of travel documents
Scheduling of removal dates
Possible detention if CBSA believes there is a flight risk

During this period, individuals may still have legal options — but delays can reduce available remedies. Working with an immigration lawyer early is essential

How Salgado Law Helps You Fight Removal

At Salgado Law, we bring deep knowledge of IRPA, Federal Court procedure, and CBSA enforcement practices to protect our clients. Our services include:

Stays of Removal (Stopping Your Deportation Temporarily)

If removal is imminent, we can file an application for a stay of removal before the Federal Court. This can delay deportation while we challenge the underlying decision.

Judicial Review

If the removal stems from an unfair or unreasonable immigration decision — such as a refugee refusal, inadmissibility finding, or humanitarian denial — we may challenge it in the Federal Court of Canada.

Humanitarian & Compassionate (H&C) Applications

We prepare strong H&C submissions showing hardship, establishment in Canada, medical issues, family separation, and best interests of children.

Pre-Removal Risk Assessment (PRRA) Guidance

Some individuals qualify for a PRRA. We help prepare well-supported applications demonstrating risk of torture, persecution, or cruel treatment if returned home.