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Ontario|Immigration LawAppeals and Deportation 678 Deportation The Canadian government has the power to deport people who are not lawfully allowed to stay in Canada. Anyone who is deported cannot return to Canada without the written consent of the Minister of Citizenship and Immigration. Different deportation criteria apply to different categories of people. The main classifications are: people who have been denied refugee status, permanent residents, and visitors. In order to deport anyone, the Immigration Authorities must have your travel documents and some proof that you are from the country that they are deporting you back to. There are some persons who cannot be removed because their countries will not provide travel documents. It is important to co-operate with the authorities at this time. As frightening as the prospect of being sent home may be, in order to be able to return to Canada you must comply with the order to report for removal.
- People who have been denied refugee status
People who have been denied refugee status will be asked to leave Canada when their refugee claim is denied. Claimants must also leave if they withdraw or abandon their claim. An immigration lawyer can help you make an appeal if you are asked to leave. You will be returned to the last country you were in before arriving in Canada. Many refugees came through the United States, so that would mean that they would be returned to the United States.
- Permanent residents
Permanent residents may be deported if they committed a serious offence before they arrived in Canada, or if the government believes that they are a security risk. Permanent residents can also be deported if they lie on their immigration application, are convicted of a serious offence in Canada, or lose their status as permanent residents. If you have been charged with an offence in Canada or abroad you should contact an immigration lawyer to discuss how the charge will affect your status as a permanent resident. It is important for every permanent resident to get citizenship as soon as is possible. The immigration authorities cannot deport a Canadian citizen.
- Visitors
Visitors may be deported after their authorized period of stay has expired. Visitors may also be required to leave if they do not comply with the terms and conditions of their visit, or if they extend their stay without permission. Visitors who are convicted of a criminal offence may also be deported.
- Canadian Citizens
In general, Canadian citizens cannot be deported. In some circumstances, citizens may be returned to a foreign country if they are accused or convicted of a specific crime in that country. This is usually referred to as 'extradition'.
If you have been asked to leave Canada, you should contact an immigration lawyer for specific advice and assistance. The most important thing to remember is to give that lawyer adequate time to do any possible work on your behalf. If you do not have Legal Aid, it is definitely too late to apply if you already have been ordered to leave Canada. Unfortunately, last minute visits to a lawyer's office can be very expensive because Legal Aid will likely not assist in paying for legal fees.
APPLICANTS WITH CRIMINAL RECORDS
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