Canada halts removal orders for Israeli and Lebanese nationals

Canada has announced a temporary pause on the removal of select inadmissible Israeli and Lebanese nationals in Canada holding temporary or permanent residence status.

Due to the current conflict in Israel and Lebanon posing a “generalized risk to the entire civilization population,” those deemed inadmissible and to be removed, as of March 7, will be permitted to stay in Canada temporarily under an Administrative Deferral of Removals (ADR) measure being implemented.

Those affected by the temporary halt may be eligible to apply for a work permit from within Canada.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

Removal orders against Israeli and Lebanese nationals will be enforced at a later date, once the situation in both countries stabilizes and the risk of returning has been reduced.

Israeli and Lebanese citizens to whom the policy applies will still be required to comply with Canadian Border Services Agency (CBSA) expectations, including reporting and removal interviews.

Not all inadmissible individuals are eligible

This policy does not apply to Israeli and Lebanese nationals who are inadmissible to Canada on the grounds of:

Criminality;
Serious criminality;
International or human rights violations;
Organized crime; or
Security.

Individuals who are eligible under the above CBSA measures may be inadmissible on the grounds of:

Health (medical inadmissibility);
Financial reasons;
Misrepresentation;
Non-compliance with IRPA, for example: overstays, working/studying without authorization, failing to comply with conditions, and (for PRs) residency obligation issues, etc.; or
Inadmissible family member.

Work permit provisions

Eligible individuals under this policy may be able to obtain an open work permit (OWP) if:

They are under a removal order but cannot be removed from Canada for reasons outside of their control*;
They cannot pay for their basic needs without working; and
They meet the basic eligibility requirements for a work permit.

Eligible individuals are exempt from the $100 OWP fee, but must still pay the $155 work permit processing fee.

Family members may also be eligible for an OWP if they are also under a removal order and cannot be removed at this time due to the ongoing conflict in either country.

*Foreign nationals who have had their refugee claim rejected by the Immigration Refugee Board of Canada and who are appealing their decision can also benefit from this work permit provision, if the subsequent two conditions are also met.

More information is available on the official government webpage.

Citizens of other countries have similar provisions

The policy now in place for eligible Israeli and Lebanese nationals is called an Administrative Deferral of Removal (ADR).

The CBSA usually enacts this policy when there are “existing conditions in a destination country that could seriously endanger the lives or safety of the entire civilian population.”

Canada currently has ADRs in place for the following countries and territories:

Central African Republic;
Gaza Strip;
Haiti;
Iran;
Israel;
Lebanon;
Libya;
Mali;
South Sudan;
Sudan;
Syria;
Ukraine;
Venezuela;
Yemen; and
Somalia, specifically the regions of:
- Afgoye ;
- Middle Shabelle; and
- Mogadishu.

What are removal orders, and how do they work?

A removal order in Canada is a legal order requiring an inadmissible person to leave Canada. The CBSA describes it as an order issued to people who are inadmissible and “required to leave the country.”

Removal orders can be issued to temporary and permanent residents for a number of reasons (such as those mentioned above), including medical and criminal inadmissibility (the former of which exclusively applies to temporary residents).

The CBSA is legally required to remove inadmissible individuals as quickly as possible.

Anyone ordered to be removed from Canada is entitled to due process under the law. After a person has exhausted all available legal appeal options, they are expected to leave Canada or be removed.

There are three types of removal orders:

1) Departure order:

Pursuant to a departure order, the person must leave within 30 days after the order becomes enforceable and confirm departure with CBSA.

If they don’t do this within 30 days, the departure order automatically becomes a deportation order (with much harsher consequences).

2) Exclusion order:

Under an exclusion order, the person must leave immediately, confirm departure with the CBSA, and generally can’t return for one year (or five years if the exclusion order was for misrepresentation).

Returning during the exclusion period typically requires an Authorization to Return to Canada (ARC).

3) Deportation order:

If a deportation order is issued, the person must leave immediately and confirm departure with the CBSA. They are permanently barred from returning to Canada unless they obtain an ARC.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm