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DIVISION 5 |
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LOSS OF STATUS AND REMOVAL |
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Report on Inadmissibility
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Preparation of
report
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44. (1) An officer who is of the opinion that
a permanent resident or a foreign national
who is in Canada is inadmissible may prepare
a report setting out the relevant facts, which
report shall be transmitted to the Minister.
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Referral or
removal order
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(2) If the Minister is of the opinion that the
report is well-founded, the Minister may refer
the report to the Immigration Division for an
admissibility hearing, except in the case of a
permanent resident who is inadmissible solely
on the grounds that they have failed to comply
with the residency obligation under section 28
and except, in the circumstances prescribed by
the regulations, in the case of a foreign
national. In those cases, the Minister may
make a removal order.
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Conditions
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(3) An officer or the Immigration Division
may impose any conditions, including the
payment of a deposit or the posting of a
guarantee for compliance with the conditions,
that the officer or the Division considers
necessary on a permanent resident or a foreign
national who is the subject of a report, an
admissibility hearing or, being in Canada, a
removal order.
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Admissibility Hearing by the Immigration
Division
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Decision
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45. The Immigration Division, at the
conclusion of an admissibility hearing, shall
make one of the following decisions:
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Loss of Status
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Permanent
resident
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46. (1) A person loses permanent resident
status
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Permanent
resident
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(2) A person who ceases to be a citizen
under paragraph 10(1)(a) of the Citizenship
Act, other than in the circumstances set out in
subsection 10(2) of that Act, becomes a
permanent resident.
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Temporary
resident
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47. A foreign national loses temporary
resident status
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Enforcement of Removal Orders
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Enforceable
removal order
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48. (1) A removal order is enforceable if it
has come into force and is not stayed.
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Effect
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(2) If a removal order is enforceable, the
foreign national against whom it was made
must leave Canada immediately and it must be
enforced as soon as is reasonably practicable.
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In force
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49. (1) A removal order comes into force on
the latest of the following dates:
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In force -
claimants
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(2) Despite subsection (1), a removal order
made with respect to a refugee protection
claimant is conditional and comes into force
on the latest of the following dates:
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Stay
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50. A removal order is stayed
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Void -
permanent
residence
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51. A removal order that has not been
enforced becomes void if the foreign national
becomes a permanent resident.
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No return
without
prescribed
authorization
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52. (1) If a removal order has been enforced,
the foreign national shall not return to Canada,
unless authorized by an officer or in other
prescribed circumstances.
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Return to
Canada
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(2) If a removal order for which there is no
right of appeal has been enforced and is
subsequently set aside in a judicial review, the
foreign national is entitled to return to Canada
at the expense of the Minister.
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Regulations
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Regulations
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53. The regulations may provide for any
matter relating to the application of this
Division, and may include provisions
respecting
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DIVISION 6 |
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DETENTION AND RELEASE |
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Immigration
Division
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54. The Immigration Division is the
competent Division of the Board with respect
to the review of reasons for detention under
this Division.
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Arrest and
detention with
warrant
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55. (1) An officer may issue a warrant for
the arrest and detention of a permanent
resident or a foreign national who the officer
has reasonable grounds to believe is
inadmissible and is a danger to the public or is
unlikely to appear for examination, an
admissibility hearing or removal from
Canada.
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Arrest and
detention
without
warrant
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(2) An officer may, without a warrant, arrest
and detain a foreign national, other than a
protected person,
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Detention on
entry
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(3) A permanent resident or a foreign
national may, on entry into Canada, be
detained if an officer
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Notice
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(4) If a permanent resident or a foreign
national is taken into detention, an officer
shall without delay give notice to the
Immigration Division.
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Release -
officer
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56. An officer may order the release from
detention of a permanent resident or a foreign
national before the first detention review by
the Immigration Division if the officer is of the
opinion that the reasons for the detention no
longer exist. The officer may impose any
conditions, including the payment of a deposit
or the posting of a guarantee for compliance
with the conditions, that the officer considers
necessary.
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Review of
detention
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57. (1) Within 48 hours after a permanent
resident or a foreign national is taken into
detention, or without delay afterward, the
Immigration Division must review the reasons
for the continued detention.
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Further
review
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(2) At least once during the seven days
following the review under subsection (1), and
at least once during each 30-day period
following each previous review, the
Immigration Division must review the reasons
for the continued detention.
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Presence
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(3) In a review under subsection (1) or (2),
an officer shall bring the permanent resident
or the foreign national before the Immigration
Division or to a place specified by it.
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Release -
Immigration
Division
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58. (1) The Immigration Division shall
order the release of a permanent resident or a
foreign national unless it is satisfied, taking
into account prescribed factors, that
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Detention -
Immigration
Division
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(2) The Immigration Division may order
the detention of a permanent resident or a
foreign national if it is satisfied that the
permanent resident or the foreign national is
the subject of an examination or an
admissibility hearing or is subject to a removal
order and that the permanent resident or the
foreign national is a danger to the public or is
unlikely to appear for examination, an
admissibility hearing or removal from
Canada.
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Conditions
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(3) If the Immigration Division orders the
release of a permanent resident or a foreign
national, it may impose any conditions that it
considers necessary, including the payment of
a deposit or the posting of a guarantee for
compliance with the conditions.
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Incarcerated
foreign
nationals
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59. If a warrant for arrest and detention
under this Act is issued with respect to a
permanent resident or a foreign national who
is detained under another Act of Parliament in
an institution, the person in charge of the
institution shall deliver the inmate to an
officer at the end of the inmate's period of
detention in the institution.
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Minor
children
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60. For the purposes of this Division, it is
affirmed as a principle that a minor child shall
be detained only as a measure of last resort,
taking into account the other applicable
grounds and criteria including the best
interests of the child .
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Regulations
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61. The regulations may provide for the
application of this Division, and may include
provisions respecting
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