Deportation order
Statutory definition
IRPR s 228 sets out the circumstances in which a deportation order is the applicable removal order. Deportation orders are issued for: criminality (ss 36–38 inadmissibility); security grounds (ss 34–35); organised criminality (s 37); misrepresentation (s 40) in most cases; and for persons who have previously failed to appear at a proceeding. A person against whom a deportation order is made may not return to Canada without the written consent of the Minister of Public Safety.
Explanation
A deportation order creates the most severe immigration consequences of the three removal order types. Unlike a departure order (no bar to re-entry if departed voluntarily) or an exclusion order (2-year bar), a deportation order is a permanent bar to return. Persons subject to deportation orders who wish to return to Canada must apply under IRPA s 52 for an Authorization to Return to Canada (ARC), which is assessed against public policy and the circumstances of the original deportation. Appeals of deportation orders may be available before the IAD in certain cases.