Canada pauses removal orders for Israelis & Lebanese nationals, i.e., Canada has announced a temporary pause on the removal of some Israeli and Lebanese nationals who are currently in the country. This measure applies to individuals who have been found inadmissible but are holding temporary or permanent resident status in Canada.
The decision comes as the conflict in Israel and Lebanon continues to create serious safety concerns. Canadian authorities stated that the situation presents a “generalized risk to the entire civilian population.” Because of this risk, Canada has decided that certain individuals should not be forced to return to these countries at this time.
As of March 7, individuals who would normally be removed from Canada will now be allowed to remain in the country temporarily. This will happen under a special measure known as an Administrative Deferral of Removals (ADR).
This means that the removal process is not cancelled permanently. Instead, it is paused until conditions in Israel and Lebanon become safer.
Some of the individuals who benefit from this measure may also be able to apply for a work permit while staying in Canada.
Removal orders will still exist, but they will be enforced later when the situation in both countries improves and the risk of returning is reduced.
Even though removals are paused, Israeli and Lebanese citizens covered by this policy must still follow all requirements set by the Canada Border Services Agency (CBSA). These requirements may include reporting regularly to immigration authorities and attending scheduled removal interviews.
Not All Inadmissible Individuals Are Eligible
It is important to note that this temporary measure does not apply to everyone.
Some individuals will not qualify for the policy. Specifically, it does not apply to Israeli or Lebanese nationals who are inadmissible to Canada for the following reasons:
- Criminality
- Serious criminality
- International or human rights violations
- Organized crime
- Security
However, some individuals who are inadmissible for other reasons may still benefit from the policy.
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.
- Inadmissible family member
These individuals may be allowed to stay temporarily in Canada until the situation in their home country becomes safer.
Work Permit Options For Eligible Individuals
Some individuals covered under this policy may also qualify for an open work permit (OWP).
An open work permit allows a person to work for almost any employer in Canada.
Eligible individuals may apply for an OWP if they meet the following conditions:
- 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
- They meet the basic eligibility requirements for a work permit
Individuals who qualify will not have to pay the $100 open work permit holder fee. However, they will still need to pay the standard $155 work permit processing fee.
Family members may also qualify for an open work permit if they are also under a removal order and cannot be removed because of the ongoing conflict in Israel or Lebanon.
*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.
Other Countries With Similar Protections
The policy that now applies to certain Israeli and Lebanese nationals is known as an Administrative Deferral of Removal (ADR).
The CBSA usually uses this policy when serious conditions in a country could threaten the safety of the entire civilian population. In such cases, Canada temporarily stops sending people back to those locations.
- At the moment, Canada has ADR measures in place for several countries and regions around the world.
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
- Somalia, specifically the regions of:
- Afgoye;
- Middle Shabelle; and
- Mogadishu.
These measures are reviewed regularly and may change depending on global conditions.
Understanding Removal Orders In Canada
A removal order is a legal decision that requires a person to leave Canada. According to the CBSA, this order is issued to individuals who are found to be inadmissible and therefore must leave the country.
Both temporary residents and permanent residents can receive removal orders. These orders can be issued for different reasons, including violations of immigration rules or criminal activity.
The CBSA has a legal duty to remove inadmissible individuals as quickly as possible.
However, individuals are still entitled to fair treatment under Canadian law. This means they can use all available legal options to appeal or challenge their case before removal takes place.
Once all appeal options are finished, the person must either leave Canada voluntarily or be removed by immigration authorities.
Canada currently uses three main types of removal orders.
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).
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).
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.
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