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🇨🇦 CBSA Removal Orders & IRPA Inadmissibility Framework

Expat Crime, Deportation & IRPA Guide 2026

Master guide to criminal deportation and removal orders under IRPA: Understand Section 44 inadmissible reports, Departure/Exclusion/Deportation orders, and IAD appeals.

1. Overview of CBSA Removal Orders & Inadmissibility

The Canada Border Services Agency (CBSA) enforces removal orders against foreign nationals and Permanent Residents who are inadmissible to Canada due to criminality, misrepresentation, or non-compliance under IRPA.

Key Policy Highlights & Benchmarks

  • Departure Order: Requires leaving Canada within 30 days; if complied with, no authorization to return (ARC) is required
  • Exclusion Order: Bars re-entry to Canada for 1 year (or 5 years if issued for misrepresentation under Sec 40 IRPA)
  • Deportation Order: Lifetime ban from returning to Canada unless granted an Authorization to Return to Canada (ARC Form IMM 5291)
  • PR Serious Criminality Threshold: PRs sentenced to 6+ months in prison lose appeal rights at the Immigration Appeal Division (IAD)

Mandatory Action Checklist

Consult an immigration lawyer immediately upon receiving a Section 44 Report
File an appeal with the Immigration Appeal Division (IAD) within 30 days if eligible
Apply for an Authorization to Return to Canada (ARC) if subject to a deportation order

2. CBSA Removal Orders Comparison Matrix

Comparing removal order types.

Removal Order TypeDeparture DeadlineRe-Entry Bar DurationARC Requirement for Return
Departure OrderMust leave within 30 days of issuance0 Years (If left on time & confirmed with CBSA)No ARC needed if left within 30 days
Exclusion OrderImmediate removal by CBSA1 Year (or 5 Years for Misrepresentation)ARC required if returning within bar period
Deportation OrderImmediate removal by CBSALIFETIME BAN from entering CanadaARC ALWAYS required for any future entry

3. Section 44 Reports & Misrepresentation (Section 40)

Grounds for removal.

Key Policy Highlights & Benchmarks

  • Section 40 Misrepresentation: Submitting false documents or withholding material facts results in a 5-year Exclusion Order ban
  • Section 44 Inadmissibility Report: Prepared by a CBSA officer when they believe a foreign national or PR has breached IRPA
  • IAD Humanitarian & Compassionate (H&C) Appeal: PRs facing removal can plead H&C factors (best interests of children, length of stay in Canada) before the IAD
  • Judicial Review Stay of Removal: Applying to Federal Court for an emergency stay of deportation

4. Step-by-Step Removal Defense Roadmap

Defending against removal.

Mandatory Action Checklist

Respond to Section 44 procedural fairness notice
File IAD appeal within 30 days
Submit Federal Court Judicial Review stay motion
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Frequently Asked Questions (FAQs)

A Departure Order gives 30 days to leave voluntarily; a Deportation Order is a lifetime ban requiring an ARC to return.

Misrepresentation carries an automatic 5-year ban from entering or applying to Canada.

An ARC is official permission from IRCC required to re-enter Canada after being issued a Deportation or Exclusion Order.

Yes! PRs can appeal to the Immigration Appeal Division (IAD) unless sentenced to 6+ months in prison.

It is an official CBSA report stating that an individual is believed to be inadmissible to Canada.

Yes. A Motion for a Stay of Removal filed in Federal Court can temporarily halt deportation pending judicial review.

Official Government Sources & Authorities

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Deportation Metrics

Removal Order Type 1
Departure Order (30-Day Leave)
Removal Order Type 2
Exclusion Order (1 to 2 Yr Bar)
Removal Order Type 3
Deportation Order (Lifetime Bar)
Enforcement Body
Canada Border Services Agency (CBSA)
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