Regulation 189 — Removal orders — deportation order
Text of provision
A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.
Plain English
Regulation 189 provides that a deportation order is issued in the most serious circumstances — typically serious criminality, security, organised criminality, or where a person re-entered Canada after a removal order. A deportation order permanently bars the person from entering Canada without first obtaining an Authorisation to Return to Canada (ARC), which is a discretionary decision by IRCC or CBSA.
Practical effect
A deportation order is the most severe removal outcome. The permanent bar means the person cannot return to Canada without an ARC, regardless of how much time passes. ARC applications are assessed by IRCC and are not automatically granted — the applicant must establish why they should be permitted to return. Persons deported for serious criminality face significant practical difficulty obtaining an ARC. Deportation orders also trigger a statutory bar on sponsoring from Canada for affected permanent residents.