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Can a removal order be issued if I have a criminal record?
Yes, in some cases. Permanent Residents are people who have been allowed to live in Canada permanently, but they might not be authorized to remain in Canada if they have been involved in crime.
If the Canada Border Services Agency (CBSA) believes that a permanent resident should not be allowed to remain in Canada because of criminal involvement, then the person will be asked to appear at an admissibility hearing. The hearing is used to decide whether the person may or may not stay in Canada. The person will have an opportunity to tell their story once the government lawyer explains why the CBSA thinks the person should not be allowed to stay in the country.
If it is decided that the person should be allowed to stay in the country (is ‘admissible’), the person will be allowed to enter or remain in Canada. If the person were in detention, they would be released.
If, however, it is decided that the person should NOT be allowed to stay in Canada (is ‘inadmissible’), a removal order will be issued. This removal order can be an appeal within 30 days at the Immigration Appeal Division. If the person had been convicted of a crime with a sentence of two (2) years or more, or if they are a security threat, they cannot appeal the removal order. They may, however, ask for permission to have the decision reviewed by the Federal Court of Canada.
As you can see, the outcome of an admissibility hearing can have very serious consequences on a person’s life. If you, or someone you know, has been asked to appear at an eligibility hearing due to criminal involvement, we recommend that you speak to a lawyer to fully understand the process, your rights, and your options. Our lawyers are experienced at appearing for admissibility hearings and would be pleased to work with you on this or any other immigration matter.