Removals
Date: May 4, 2020
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.
- To respond 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.
- As a result, all scheduled removals have been suspended until May 21, 2020.
- 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.
If pressed on the number of removals:
- As of May 1, 2020, the total number of enforced removals for FY 2020-2021 is 289 individuals.
- The total number of enforced removals for FY 2019-2020 is 11,284 individuals. This number may increase slightly over the next couple of weeks as the numbers are reconciled for the end of the fiscal year.
- The total number of enforced removals for FY 2018-2019 is 9,682 individuals.
Background:
CBSA Removals Process
As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the 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).
Every foreign national ordered to be removed from Canada is entitled to due process before the law and 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 9,682 individuals from Canada; it removed 11,284 in the 2019-2020 fiscal year. These represent the highest removal numbers in the last four years for the Agency. As of May 1, 2020, the CBSA has removed 289 individuals for the 2020-2021 fiscal year, which has been impacted by a removal stoppage due to COVID-19.
Removals during COVID-19
All scheduled removals have been postponed until May 21, 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.
While the vast majority of removals are currently postponed, removals are still being administratively enforced as per regulatory changes that came into effect in 2018 (section 240(3)). When the CBSA receives adequate information that a foreign national has ‘self-deported’ or left Canada without confirming their departure, the removal order can be enforced within CBSA systems and the case is closed (meaning it no longer appears in removal inventories). This activity can be conducted by officers working from home in light of pandemic response measures and will contribute to additional removal statistics during the period of COVID-19 measures.
Contacts:
Approved by: Jacques Cloutier, Vice-President, Intelligence and Enforcement Branch, [REDACTED]
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