Removals
Classification: Unclassified
Branch/Agency: IEB/CBSA
Proposed Response:
- The timely removal of failed claimants plays a critical role in supporting the integrity of Canada’s asylum system.
- The CBSA has a legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible. The CBSA is firmly committed to doing so.
- To be response to health concerns associated with removing individuals to foreign countries as well as the health of our own officers, new border restrictions came into force on March 21, 2020 amid the COVID-19 pandemic.
- In addition, Mr. Speaker, I would note that the availability of international flights is diminishing.
- 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:
- serious inadmissibility cases; and
- individuals who approach the CBSA with a request to leave voluntarily. The Agency will facilitate the removal, as per normal process, by purchasing an airline ticket if the individual is unable to do so themselves.
If pressed on the number of removals:
- As of March 20, 2020, the total number of enforced removals to date in FY 2019-2020 is 10,726 individuals.
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:
- Priority 1: Security, organized crime, crimes against humanity, serious criminals, criminals, and failed irregular arrival refugee claimants
- Priority 2: Failed refugee claimants
- Priority 3: All other inadmissible persons
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:
- serious inadmissibility cases; and
- individuals who approach the CBSA with a request to leave voluntarily. The Agency will facilitate the removal, as per normal process, by purchasing an airline ticket if the individual is unable to do so themselves.
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
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