An application for a PRTD by a PR outside of Canada was refused for not meeting the residency obligation. The PR appeals the decision and is allowed to return to Canada to attend the hearing. The PR's RCIC is unsure what type of removal order would be issued if the appeal is dismissed and seeks advice from a senior RCIC. What should the senior RCIC advise?
Departure order would be issued if the appeal is dismissed.
A departure order allows the permanent resident (PR) to leave Canada voluntarily within a specified timeframe, rather than being forcibly removed. This type of order typically applies when a PR fails to meet residency obligations but is permitted to exit Canada without facing a more severe penalty.
A deportation order is issued when an individual is permanently removed from Canada due to serious criminality or violations of immigration law. In this case, since the PR is appealing the decision and has not committed a crime warranting a deportation, this type of order would not be applicable.
An exclusion order is typically issued when a person is found inadmissible for specific reasons, such as failing to comply with immigration regulations. It prevents the individual from returning to Canada for a designated period. However, in this situation, since the PR is appealing and may return to attend the hearing, an exclusion order is not appropriate.
A departure order is the correct advice for the senior RCIC to give. It allows the PR to leave Canada voluntarily within a specific timeframe after the appeal is dismissed, reflecting a less punitive approach than deportation.
While there are various orders that can be issued under immigration law, the scenario does specify the consequence of the dismissal of the appeal. Therefore, suggesting that it is "not specified in law" would be misleading, as it is clear that a departure order is the expected outcome.
In summary, if the appeal is dismissed, the PR would receive a departure order, allowing them to leave Canada voluntarily. This outcome provides a more lenient resolution compared to deportation or exclusion, emphasizing the importance of residency obligations while still permitting the PR to manage their departure from the country.
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