Refugees Deportation from Canada: Deportation Cases and Reasons

Last year, Canada admitted more than 405,000 immigrants. They also admitted over 450,000 international students. Another key international component is that the lack of permanent residence options in the United States has resulted in an increasing number of international employees and refugees travelling to Canada to seek permanent residence in recent years. Canada’s well-regulated and relatively open immigration system has made it an appealing destination for both immigrants and refugees. However, with proper rules, Canada has been successful and proactive in deporting refugees who have been convicted of certain crimes and pose a threat to the country. According to CBSA data, the Canadian government deported approximately 12,000 persons in 2020.

In this essay, we will look at Canada’s immigration policy in depth, evaluate the complexities of refugee removal from Canada, and discuss notable deportation cases and causes.

What is Canada’s immigration policy?

Canada is well-known for its welcoming policies toward asylum seekers. Migrants may argue at any border crossing or airport, as well as at select government agencies within Canada. In recent years, over 5,000 asylum seekers have entered the nation without permission, which is not considered criminal behaviour once they claim refuge. It can take officials up to two years to decide whether to grant an applicant protected status or not. After being granted asylum, most asylum applicants are immediately able to petition for permanent residence. In some exceptional instances, rejected asylum seekers may be eligible for permanent residency on humanitarian grounds.

Almost everyone who immigrates to Canada must first apply from abroad, and before admittance, they are subjected to extensive screening by Canadian officials. In most situations, persons on the immigration waiting list must wait for months, if not years, before being admitted. Over the last 25 years, over 5 million people have decided to immigrate to Canada. It demonstrates the popularity and effectiveness of their immigration policies.

How Does The Canadian Immigration Process Work?

Canada welcomes new permanent residents under a variety of categories, four of which are particularly important. In recent years, 58 percent of new permanent residents were approved by economical means, 27 percent through family sponsorship, 14 percent through guardians and refugees, and 1 percent on humanitarian grounds.

Economic: Many people apply using a point system that gives advantage to younger candidates who have employment offers and higher levels of education, knowledge, and language proficiency. Every two weeks, the administration asks high-ranking officials to apply for permanent residency, a costly and time-consuming process that involves vocabulary testing and biometric screening.

Family: This category of immigrants includes wives, partners, and children of Canadian-born family members. Legal permanent residents can use this category to support their family, who must also seek for permanent residency.

Protected persons and refugees: Canada surpassed the United States as the world’s leading refugee resettler, awarding permanent status to over 28,000 displaced people, primarily from Africa and the Middle East. There are two main categories of resettled refugees:

• Government-assisted
• Privately sponsored.

Unfortunately, refugees cannot apply for resettlement in Canada immediately. Everyone must go through rigorous screening by Canadian police and, in most cases, maintain permanent residence status once they arrive.

Humanitarian Grounds: Canada grants permanent residency to a select few people on broadly defined humanitarian and compassionate grounds, such as the specific hardships that applicants would face if they returned to their home countries. Such individuals must obtain authorization to apply. When deciding on such situations, officials take into account a variety of considerations, including applicants’ relationships to Canada and the consequences of being denied permission.

Inadmissibility and Refugee Deportation from Canada

Canada’s geography is bounded by three oceans and the United States, which is a magnet for illegal immigration. Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) issues three types of removal orders for refugees deported from Canada and permanent residents. There are three types: departure orders, exclusion orders, and deportation orders.

A departure order requires the subject to leave Canada within 30 days after its issuance. They should verify their departure with the CBSA at the exit port. If they left Canada and follow these criteria, they may return in the future, as long as they meet the admission requirements at the time. If they leave Canada beyond 30 days or do not verify their departure with the CBSA, their departure order is automatically converted to a deportation order. To return to Canada in the future, the individual must first receive authorization to return to Canada (ARC).

An exclusion order prevents the individual from returning to Canada for one year. If they want to return before the 12-month period expires, they must apply for an ARC. If an exclusion order is issued for misrepresentation, they are barred from returning to Canada for five years. Also, If the CBSA paid for the expatriation from Canada, the individual must refund the expense. With a deportation order, the individual is permanently forbidden from returning to Canada and cannot do so unless they file for an ARC. If the CBSA paid for the removal from Canada, the individual must reimburse the agency for that cost before they are allowed to return.

What are the options for stopping a deportation order in Canada?

Understanding the grounds for deportation will help you avoid receiving one before learning how to stop one.

Illegal immigration is the main reason for Canadian deportation. A person who entered illegally or overstayed a short-term visa will be deported. Inadmissibility, criminal background, health issues, safety concerns, economic concerns, and misrepresentation are common causes for refugee removal from Canada. Inadmissible refugees will be deported from Canada.

Some people enter Canada legitimately to work or study, but overstay their visas and dwell illegally. A student who entered Canada on a student visa and worked indefinitely without a work or extension visa would be breaking the law. Thus, tracking visas and renewals and verifying lawful residency in Canada are crucial to avoiding deportation.

Now that we know why refugees are deported from Canada, let’s work on prevention. There are two basic ways to avoid deportation. You can ask CBSA to defer deportation. Another option is to petition the Federal Court to stay the removal. Candidates for CBSA deferral must present convincing grounds for delaying deportation. You are pregnant and about to give birth, or your humanitarian and compassionate reasons application is pending.

Getting Back After Refugee Deportation from Canada

An individual may apply for authorization to return to Canada (ARC). An ARC is an application submitted to the Canadian Embassy in their specific region that, if approved, will allow them to return to Canada notwithstanding the deportation order. However, ARCs are difficult to get and require persuasive arguments in order to be sanctioned. They can take months to process. The most promising option is to avoid deportation in the first place.

Conclusion

There is a great need to reform the system to prevent refugees from being deported from Canada. To address this, Canada, which ultimately relies on immigrants to expand its workforce, has major plans to begin targeting novices in specific occupations to ensure a better fit with industries experiencing multiple acute labour shortages. This policy will protect workers in the construction, engineering, food services, and health care industries.

Multiple immigrants have died as a result of the present system while attempting to find occupations that match their skills. To meet this aim, Canada plans to bring in more than 1.5 million permanent residents over the next four to five years. Immigrants will be classified under the new system based on their age, education level, work experience, and language skills. Top-tier candidates will be asked to settle and seek employment in Canada. Other countries may consider adopting a similar methodology to ensure their country’s prosperity and avoid volatile unemployment.

Discover the methods and procedures for immigration to several countries, with a focus on Turkey to Norway and the United States to Portugal, in Legamart’s informative articles.

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