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Removal order -- Appeal dismissed

Manoo

Full Member
Jul 7, 2017
28
0
Hello everyone.
Due to non compliance with residency obligations, I was issued a departure orders at Hamilton office. I filed an appeal before IAD through a lawyer,which has been dismissed. I have been itimated through a decision in mail.
Now I have some questions to ask. It is worth noting that my family sponsorship application is also pending.
Please give me sober suggestions.

1. Will CBSA issue me a order of removal with the deadline for departure? I am unable to understand what date I have to leave?
2. Can anyone guide me further about legal remedies like PRRA, Judicial Review and PR Application on Humanitarian and Compassionate grounds. And also mention the success rates? Please.
3.And if in case, I can't leave Canada in to comply with departure orders, what will be consequences? Till this moment, I have no idea whether Immigration Department or CBSA will give me another letter itimating me the date when I have to leave Canada.
Please elaborate all these issues in details.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,715
  1. You have already received the departure order so you have 30 days to comply and leave Canada. There won’t be any further notification. If you don’t leave in 30 days (and report your departure to CBSA), the departure order automatically becomes a removal order.
  2. Judicial review would be the next step. It would need to be submitted by a lawyer and accepted by the court. The court will only address error in law. CBSA would have advised you if you were eligible for a PRRA, so I doubt that’s an option. An H&C application won’t delay your removal.
  3. If you don’t comply in 30 days, and the departure order rolls into a removal order,CBSA will also issue a Canada wide arrest warrant for you. CBSA will ultimately remove you.
https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

https://irb-cisr.gc.ca/en/filing-immigration-appeal/Pages/immapp-bc1.aspx

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5523-applying-removal-risk-assessment.html

I would expect your family sponsorship (I believe you are sponsoring your family from previous posts) will be cancelled and refused at this point as you are no longer a PR.
 
Last edited:

Manoo

Full Member
Jul 7, 2017
28
0
Thank you very much for your help.
Further, is there any way, I can request for extension in departure orders for the sake of making some arrangements to go home country.
And I can apply for H & C application and how I can follow its process when I am not here in Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thank you very much for your help.
Further, is there any way, I can request for extension in departure orders for the sake of making some arrangements to go home country.
And I can apply for H & C application and how I can follow its process when I am not here in Canada.
Departure Orders are not extended. It will become a Deportation Order after 30 days.

From what you've said, you don't have H&C grounds, so don't waste time and resources making such a claim.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,715
Best to contact CBSA and provide them with your date of departure along with tickets. They may allow additional time if you have arranged transit out of Canada. that doesn’t mean planning to leave 6 months from now.....more like a week or two.
As far as an H&C application, you can apply, but it won’t stop them removing you. The application will be processed in your absence. Given you have just been refused for RO and lost your appeal, your H&C grounds were just recently assessed and I would expect you’ll be refused on H&C grounds for a PR very quickly. Personally, I see no reason, given recent refusals, they would accept your claim. But that’s your choice.....I don’t make those sorts of decisions.
 
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Manoo

Full Member
Jul 7, 2017
28
0
Best to contact CBSA and provide them with your date of departure along with tickets. They may allow additional time if you have arranged transit out of Canada. that doesn’t mean planning to leave 6 months from now.....more like a week or two.
As far as an H&C application, you can apply, but it won’t stop them removing you. The application will be processed in your absence. Given you have just been refused for RO and lost your appeal, your H&C grounds were just recently assessed and I would expect you’ll be refused on H&C grounds for a PR very quickly. Personally, I see no reason, given recent refusals, they would accept your claim. But that’s your choice.....I don’t make those sorts of decisions.
Again, thanks.
Can you please guide me how and where to contact CBSA.
 

Manoo

Full Member
Jul 7, 2017
28
0
Hi
I am still waiting for reply from anyone. Please guide me how and where to contact CBSA. As I don't have any remedies, so I voluntarily leave Canada as soon as possible to avoid deport.
Please help me finding out the email, mailing address or telephone number .