Removals

Classification: Unclassified

Branch/Agency: IEB/CBSA

Proposed Response:

If pressed on the number of removals:

Background:

CBSA Removals Process

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Immigration removal is an integral part of the CBSA’s security mandate.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; and non-compliance with the IRPA (e.g. overstaying the time you are permitted to remain in Canada).

Individuals believed to be inadmissible to Canada have a report written against them. The merits of the report are reviewed at an inadmissibility hearing before the Immigration and Refugee Board (IRB), which is a quasi-judicial independent tribunal. For those who are found inadmissible, a removal order is issued against them. Every foreign national ordered to be removed from Canada is entitled to due process before the law. All removal orders are subject to various levels of appeal. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, accompanied by a stay motion, throughout the process. Permanent residents subject to a removal order also have a right of appeal to the Immigration Appeal Division of the IRB. Removals cannot be enforced until all pending legal avenues have been exhausted.

The CBSA prioritizes its removals based on a risk management regime:

In the 2018-2019 fiscal year, the CBSA removed 9,669 individuals from Canada and, as of March 20, 2020, has removed 10,276 individuals in 2019-2020. These represent the highest removal numbers in the last four years for the Agency.

Removals during COVID-19

As a result, all scheduled removals have been cancelled for the next three weeks (until April 7, 2020). However, some exceptions may be considered on a case-by-case basis, particularly:

Contacts:

Prepared by: Rick Dvorski, Manager, Removals Program, Intelligence and Enforcement Branch, 613-930-3578/613-240-6452

Approved by: Jacques Cloutier, Vice-President, Intelligence and Enforcement Branch, 613-948-4111

Date modified: