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STAY OF REMOVAL MOTION LAWYER

Removal orders in Canada are issued by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) under various circumstances outlined in the Immigration and Refugee Protection Act (IRPA). Common grounds for the issuance of removal orders include concerns related to public safety, criminal convictions or pending charges, violation of immigration regulations, misrepresentation in applications, and non-compliance with immigration conditions. Additionally, individuals deemed inadmissible for security reasons, serious criminality, criminality, or organized criminality may face removal orders. Understanding the specific reasons for a removal order is crucial for individuals navigating the immigration system, as it forms the basis for legal challenges and considerations such as motions for a stay of removal.

TYPES OF REMOVAL ORDERS:

Receiving a Removal Order signifies the legal obligation to leave Canada, with various types indicating specific conditions. Departure Orders, Exclusion Orders, and Deportation Orders each have distinct implications for individuals facing removal.

  • Departure Order Details
  • With a Departure Order, individuals are obligated to exit Canada within 30 days of its issuance. Confirmation of departure with the Canada Border Services Agency (CBSA) at the port of exit is a crucial step. Failure to depart within the specified timeframe or neglecting to confirm the exit with the CBSA results in an automatic conversion of the Departure Order into a Deportation Order. In cases where a Departure Order transforms into a Deportation Order, individuals seeking to return to Canada must obtain an Authorization to Return to Canada (ARC). This process becomes a prerequisite for any future re-entry.

  • Exclusion Order Terms
  • An Exclusion Order entails a one-year prohibition on returning to Canada. Individuals desiring to return before the completion of this one-year period must initiate an ARC application. In instances where an Exclusion Order is issued due to misrepresentation, the prohibition extends to five years. Additionally, repayment of removal costs is mandatory if the CBSA covered these expenses.

  • Deportation Order Implications
  • A Deportation Order imposes a permanent bar on an individual’s return to Canada. To be eligible for re-entry, an Authorization to Return to Canada (ARC) must be successfully obtained. Similar to other orders, repayment of removal costs covered by the CBSA is a prerequisite before re-entry eligibility is established.

UNDERSTANDING A STAY OF REMOVAL:

A stay of removal is a legal order that temporarily halts the enforcement of a removal order, allowing individuals a reprieve while legal matters are addressed. This process is particularly vital when individuals believe there are grounds to challenge the removal order or when humanitarian and compassionate considerations warrant a closer examination of the case.

DELAYING OF REMOVAL:

Various factors may impede the swift enforcement of a removal order, encompassing:

  1. Appeals and Legal Proceedings:
    • Individuals may challenge the removal order through appeals or engage in other legal proceedings, causing delays in the enforcement process.
  2. Claims for Protection:
    • Eligibility for a pre-removal risk assessment can stall removal proceedings until a final decision is reached on this protective application.
  3. Travel Document Challenges:
    • The Canada Border Services Agency (CBSA) might encounter difficulties securing passports for individuals to enter another country, hindering the removal process.
  4. Identity Verification Issues:
    • If the individual’s identity or citizenship cannot be verified, it poses a substantial obstacle to the swift execution of the removal order.
  5. Failure to Appear:
    • Non-compliance with scheduled removal appointments leads to the issuance of an immigration arrest warrant by the CBSA.
  6. Administrative Deferral of Removals (ADR):
    • Implemented in humanitarian crises, the ADR is a temporary measure deferring removals. It does not address persistent human rights issues. Once the crisis stabilizes, the ADR is lifted, and removals resume. Individuals deemed inadmissible for reasons of criminality, serious criminality, international or human rights violations, organized crime, or security can still be removed despite the ADR.
  7. Temporary Suspension of Removals (TSR):
    • The TSR program interrupts removals to locations facing risks due to armed conflict or environmental disasters. Unlike the ADR, TSR is applied for a more extended period when general conditions pose a risk. Individuals inadmissible for reasons of criminality, international or human rights violations, organized crime, or security, can still be removed despite the TSR.

If an ADR or TSR prevents removal, individuals may be eligible to apply for work or study permits as an alternative.

PROCEDURE FOR SEEKING A STAY:

  1. Deferral Request: One may begin by writing a formal request to the CBSA for deferring the removal.
  2. Judicial Review: One may or may not receive a prompt response for their deferral request, therefore, an application for leave of judicial review may be commenced for challenging the removal.
  3. Motion for Stay of Removal: A motion for staying a removal order may be brought  pending the Judicial Review Application.

In a request for a stay of removal before the Court, a three-part legal examination is employed to determine the appropriateness of halting your removal. This assessment evaluates:

  • The presence of a serious issue to be adjudicated in JR.
  • The potential for the applicant to endure irreparable harm upon deportation.
  • The balance of convenience, emphasizing the party that would suffer the most harm, whether the stay is granted or denied.

Arguments put forth during a stay of removal proceeding may encompass potential psychological or physical harm in the event of stay rejection. If children are involved in any aspect of the application or are tangentially connected to the applicant’s life, the Court should consider whether the best interests of the child have been taken into account in the decision to proceed with deportation.

IMPORTANCE OF LEGAL REPRESENTATION:

Securing legal representation is paramount when bringing a motion for a stay of a removal order in Canada. The intricacies of immigration law and the nuanced nature of each case require the expertise of legal professionals who can navigate the complexities and advocate effectively on behalf of the applicant. A knowledgeable lawyer ensures that all legal avenues are explored, arguments are presented cogently, and relevant precedents are considered, significantly enhancing the chances of a successful motion. Legal representation not only provides a comprehensive understanding of the legal framework but also safeguards the rights and interests of the individual facing removal, contributing to a fair and just legal process.

CONCLUSION:

Motions for a stay of removal order play a crucial role in safeguarding the rights and interests of individuals facing removal from Canada. Navigating this legal process requires careful consideration, thorough preparation, and, in many cases, professional legal representation. As individuals confront the complexities of immigration law, understanding the mechanisms available for legal recourse is paramount to ensuring a fair and just outcome.

At Kozyrev Law, we recognize the complexities individuals face when dealing with immigration challenges, particularly in the context of removal orders in Canada. Our dedicated team is committed to providing comprehensive and strategic support for those seeking a stay of removal. We understand the nuanced legal landscape surrounding Departure, Exclusion, and Deportation Orders, and we leverage our expertise to navigate the intricacies of the legal process. Whether you are dealing with appeals, protection claims, or identity verification issues, Kozyrev Law stands as a reliable ally, employing a tailored approach to address your unique circumstances. We prioritize the best interests of our clients, emphasizing the importance of psychological and physical well-being, especially in cases involving children. Kozyrev Law is your trusted partner in pursuing legal avenues to challenge removal orders, ensuring that your rights are protected and that you have the opportunity to address legal concerns within the Canadian immigration framework.

Note: The information presented in this article is not intended to constitute legal advice. It is recommended to refer to official government publications and guidelines for accurate and up-to-date information. For obtaining legal advice tailored to the specific circumstances of your case, it is advised to consult with a qualified professional.

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