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This enactment deals with persons who commit indictable offences
in Canada while applying to remain in Canada as refugees or to come
into or remain in Canada as immigrants.
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It provides that a court that sentences such a person for an indictable
offence is empowered to order the person removed from Canada. Such
a person is not thereafter entitled to bail pending an appeal or to be
released in Canada by any form of early release or unescorted
temporary absence, but may only be released outside Canada.
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The court may set a period of time before which the person may
apply again as a refugee or immigrant. If no time is set, the Act provides
for three years. Those persons who are awaiting the time at which they
may apply for citizenship will have three years added to the waiting
period.
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Dependants may also be removed but are not subject to a
disqualifying period before reapplying.
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A prosecutor who intends to ask for deportation as a part of the
sentence must give the accused notice of the intent before plea is
entered.
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