Deportees granted permission to return to Canada


Immigration Matter

Sukhram Ramkissoon

Immigration Matter

 

Deportees granted permission to return to Canada

 I have often discussed in my column the three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). This week I will address the “Deportation Order,” and how it relates to a specific case.

A deportation order, as explained previously, is the most serious type of removal order. A person issued  with a deportation order is permanently barred from returning to Canada. That person cannot return unless he/she applies for and receives an Authorization to Return to Canada (ARC).  If the CBSA paid for the person’s removal from Canada, that person must also repay that cost of removal before he/she is eligible to return.

Let us look at the case of Betty and her dependent son, Tom, (not their real names) from the Caribbean.

Betty, her husband and three children came to Canada in 2002 .The following year they made a claim for refugee protection but were refused. They then pursued  a Humanitarian and Compassionate (H&C) application but unfortunately, that application for permanent residence was also refused.  Because of the refused claim for protection, the removal orders (Conditional Departure Orders) previously issued to them, were then deemed Deportation Orders.

They were then advised by CBSA they could pursue a Pre-Removal Risk Assessment, since they were “removal ready,” but again,  this was also refused.

Betty’s husband suffered with heart problems and they requested a stay of their removal based on his health condition.  The CBSA found they could seek treatment in their home country and thus they all left Canada, as directed by CBSA, in March 2010, at the expense of the Canadian government.

Betty’s eldest son, Frank (not his real name) returned to Canada as a permanent resident. He was sponsored by his Canadian spouse in April 2013.  Frank had applied for permanent residence, requested ARC and paid the travel expenses for his removal, to the Canadian government. Meanwhile, Betty and the remaining family members remained in their home country but maintained a very close relationship with Frank.

In August 2016, Betty’s husband passed away, leaving her and her two children in their home country. Her second son, Jerry (not his real name), travelled to the United  States and is engaged to a US citizen who will be sponsoring him for permanent residence.

Betty and Tom are also holders of United States visas and have travelled to the US on  several occasions.

In early February 2018,   my office, through Cindy Ramkissoon-Shears, initiated applications on their behalf in which we applied for:

  • Application for Authorization to Return to Canada(ARC) and
  • Visitor Visa Applications.

In the application for ARC, we pointed out that this family always co-operated with CBSA fully, always reported when told to do so and left Canada as directed.  In other words, they pursued all the necessary applications that were available to them, according to IRPA and were not inadmissible in any manner – They did not have any criminal convictions or outstanding charges and did not have any medical issues. Although, they were failed refugee claimants and removed from Canada, this did not prevent them from being valid visitors to Canada.

We also pointed out that Frank regularly sends financial support to his family and he has indicated his intention to sponsor them to Canada.

As part of the requirements for Betty and her dependent to return to Canada, Frank was required to pay a total sum of $3,800 representing the travel expenses which were paid by the Government of Canada and the ARC fee.

Last week Frank, Betty and Tom received good news. The application for visitor’s visas were approved and they are now required to send their valid passports for the visa issuance.  This means that because ARC was granted, and the recommendations of the officer were positive in the visa application, Betty and Tom can now re-enter Canada as visitors to spend time with Frank and other close family members in Canada. They were elated.

Good luck, Betty and Tom, and congratulations to Frank who was very determined to go through this process by paying all the necessary Government fees to see that his mother and brother can visit him in Canada.

And some more good news. Frank was invited to submit an application to sponsor Betty and Tom for permanent residence in Canada under the Parent Sponsorship Program. Once the sponsorship has been finalized, the family will be reunited not just as visitors but on a permanent basis.

SUKHRAM RAMKISSOON   is a member of ICCRC and specializes in Immigration Matters at No. 3089 Bathurst Street, Toronto, Suite 219A, and Phone 416 789 5756.