The welcome note for all immigrants in Canada is “Congratulations on your successful landing on the white soil of Canada”. You should not be swayed by the welcome notes and act recklessly when you get into the city, no one has got your back when you’re found guilty, not even the Canadian government. In this article we will list and explain the actions that could lead to deportation from Canada. It does not matter your visa status whether you are on a temporary or permanent status. It’s not a confusing matter as many had thought it was, instead it’s glaring what’s right or wrong.
What’s right? What’s wrong? 10 Actions that could lead to Deportation
1. Theft of over $5,000
Theft as it sounds may not be a big issue but it is in Canada. Theft is a crime of stealing someone else’s money or property. In Canada, any theft of money over $5,000 by either a temporary worker, visa holder or permanent resident may lead to his/her deportation from the country without even a hearing under the proposed act of Removal of serious foreign criminals act.
2. Robbery with or without a firearm
Robbery is another serious offence not taken lightly in Canada. It is act of stealing from a person unlawfully by force or threat of force. Any foreigners found guilty of such a crime will be deported without a hearing either a temporary visa or permanent visa holder.
3. Possession of Illegal weapon or ammunition
Most foreigners in Canada does know that the possession of any weapon like guns or other ammunition is not allowed in Canada. It’s considered a crime when anyone possess ammunition without getting a permit and foreigners found guilty may be deported from the country without even a hearing.
4. Any form of Assault Causing Bodily Harm
Canada is a country that values peace and harmony. Any form of threat to the peace of the country is seen as a serious offence in the country. Any Physical assault on causing bodily harm in anyone with or without a weapon by a foreigner in Canada; he/she will face a deportation order without a hearing.
5. Running Away from the Police
You don’t have to run away when you see the police on the streets or coming towards you. Any attempt of running away from the police is considered a serious crime that could lead to the deportation of the foreigner.
6. Using or Possessing a Fake Credit Card
It’s better to not hold on to any property that’s not yours even if the person requests you to hold it for him/her. Any possession of fake cards or the use of fake cards by either a temporary or permanent resident will lead to deportation of him/her without a hearing because the government wants a safe environment and public trust from the people.
7. Drug Trafficking
Drug trafficking is considered a serious crime in Canada. It involves not only just the manufacturing but also the distribution and the sale of hard drugs. Marijuana is a hard drug that’s mostly not welcomed in Canada. Any foreigners caught with hard drugs either in the process of manufacturing, distribution, and the sales of hard drugs will be deported from Canada to his/her country without a hearing.
8. Consumption of Hard drug
Not all hard drugs are restricted in Canada, recreational cannabis use is still legal in Canada. But the abuse of these drugs are not allowed, especially marijuana. The consumption of marijuana is highly not allowed in Canada, any foreigners either a temporary or permanent resident will face deportation without a hearing.
9. Reckless Driving Causing Bodily Harm
Reckless driving is a big threat to the safety of the people in the country and it is not allowed in Canada. The proposed act of Removal of serious Foreign criminal acts names it as a serious offence. Neither a permanent resident nor temporary resident is pardoned for reckless driving. If they are caught driving recklessly and it causes bodily harm on road users or passengers, they will be deported without a hearing.
10. Threatening Health conditions
Some health conditions are threatening to the safety of the people in the country. Such health conditions are not just a random disease but something more serious and it’s usually communicable. A permanent or temporary resident is deported when found with this type of ailment.
Other causes of deportation may be security, violation of immigration laws, bad criminal records, etc. To be safe from these kind of issues, you should be law abiding and report any suspicious cases of theft, misrepresentation or robbery.
The Canada Express Entry System Requirements and Qualifications
Ways Of Appealing For a Deportation Order
Whenever you are presented with an order of deportation and your status is permanent residence, Foreign National, Protected person(Convention refugee) , you have the right to appeal the order. This will allow you to appeal before the Immigration Appeal Division (IAD). Sometimes despite having the above, your appeal may be rejected if you have a strong criminal record in Canada or a history of terrorism. Most immigration appeals are public where the members of the public can also attend your appeal. The following are the steps involved in the appealing process for a deportation order in Canada:
Step 1: Send your Notification of Appeal
To file proper for order of deportation, you will send a notice to Immigration Appeal Division (IAD) with the following documents:
- Completed Notice of Appeal form and
- A copy of the removal order received by you
During the process of appeal, it’s better to hire an experienced immigration lawyer to represent you instead of you representing yourself.
Step 2: Case Preparation
You need to get prepared for your appeal very well by submitting the right documents at the right time and presenting yourself earlier to the appeal board. And also an ERO (Early Resolution Officer) will be awarded to you for the provision of vital information and orientation of the appealing process but an ERO does not give legal advice. If you’re representing yourself, you may need to do the meeting with ERO and make sure to send your disclosure within the time frame.
Step 3: Prepare for a Resolution
Sometimes your case may not necessarily proceed to a hearing but you will go for an alternate dispute resolution (ADR) with you, the minister’s counsel and the ERO.
Step 4: Attending the Hearing
You need to arrive at the hearing early. The process of the hearing is: the opening of the hearing by an IAD member, you(appellant) will testify, Witnesses will also testify ( if you have one), and final submission or closing arguments.
Step 5: Final Decision
The final decision will be taken by the IAD members, looking at the evidence from both sides. Sometimes your appeal is decided immediately during the hearing or postponed. Anyway the decision of the IAD members are in three:
- If your appeal is dismissed; it means the removal order will proceed and you will be deported.
- If your appeal is stayed; it means the removal order is on hold for now on certain conditions you must respect and obey to. Later in the future, your appeal may then allowed or dismissed:
- If your appeal is allowed; it means the removal order is not in effect and you will stay in Canada
Factors That are Considered During an Appeal
- Risk of Danger; the members of IAD do consider whether deporting the appellant will not also mean endangering his/her life.
- Country Conditions
- Integration and Ties to Canada; this is considering the appellant involvement and contribution in the country and in the community.
- Humanitarian Factors
- Immigration History
- Criminal records and Security threat
- Appellant Testimony
- Public Interest
Consequences of Deportation to Families, Country and the Appellant
To families:
- Separation from Families and friends
- Loss of communication between family members and appellant
- Social stigma on the Appellant’s family
- Source of Emotional trauma to the members of the family
To Countries:
- Financial impact
- Increased in doubt of safety and security in citizens
To Appellant:
- Separation from family members
- Challenges in starting up again in home country
- Legal and immigration issues
- Loss of Assets and Properties
- Abrupt in the Educational and professional career.
Conclusion
Canada is one of the countries in the world where everyone is welcomed irrespective of their race, religion, ethnic but despite the welcoming nature, the country is strict on its laws and regulations to maintain a peaceful and secured environment. Deportation is just another of security and order maintenance, it should not be a thing of fear to you as long as you maintain and obey the laws of the land, you are nowhere around deportation. Wishing you the best in your stay in Canada.