A PR client was scheduled to attend an RPD hearing regarding the vacation of their refugee protection. The client asks their RCIC what removal order would be issued if the application to vacate is allowed. What should the RCIC advise?
A deportation order would be issued if the application to vacate is allowed.
If a refugee protection application is vacated, the individual is subject to removal from Canada, typically resulting in a deportation order being issued. This order indicates that the person is inadmissible to Canada and must leave the country.
A departure order is issued when an individual is required to leave Canada but has the option to return within a specific timeframe. This does not apply when a refugee protection application is vacated, as it indicates a more permanent removal rather than a temporary departure.
An exclusion order with a 1-year ban applies to individuals who are inadmissible due to specific reasons, such as criminality or misrepresentation. However, this is not relevant when a refugee protection status is vacated, which leads to a more definitive deportation order rather than a temporary exclusion.
Similar to the 1-year ban, an exclusion order with a 5-year ban is applied in cases of serious inadmissibility. This option does not pertain to the situation where a refugee's protection is vacated, as the outcome is a deportation order that does not carry the same conditions or time limitations.
A deportation order is issued when a refugee protection application is vacated, affirming that the individual is to be removed from Canada due to their inadmissibility status. This order signifies a permanent removal, which aligns with the context of the question regarding the vacation of refugee protection.
When a refugee protection application is vacated, the appropriate course of action is the issuance of a deportation order. This order represents a definitive removal from Canada, distinguishing it from other types of removal orders that imply temporary departures or bans. Understanding these distinctions is crucial for advising clients accurately on their immigration status and potential outcomes.
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