Marginal note:Void — permanent residence
51. A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.
Marginal note:No return without prescribed authorization
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.
Marginal note:Return to Canada
(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.
53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting
(a) conditions that may or must be imposed, varied, or cancelled, individually or by class, on permanent residents and foreign nationals;
(a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved;
(b) the circumstances in which a removal order shall be made or confirmed against a permanent resident or a foreign national;
(c) the circumstances in which status may be restored;
(d) the circumstances in which a removal order may be stayed, including a stay imposed by the Minister and a stay that is not expressly provided for by this Act;
(e) the effect and enforcement of removal orders, including the consideration of factors in the determination of when enforcement is possible;
(f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and
(g) the financial obligations that may be imposed with respect to a removal order.
- 2001, c. 27, s. 53;
- 2012, c. 1, s. 150, c. 17, s. 22;
- 2013, c. 16, s. 21.
Division 6Detention and Release
Marginal note:Immigration Division
54. The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.
Marginal note:Arrest and detention with warrant
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, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2).
Marginal note:Arrest and detention without warrant
(2) An officer may, without a warrant, arrest and detain a foreign national, other than a protected person,
(a) 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, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or
(b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act.
Marginal note:Detention on entry
(3) A permanent resident or a foreign national may, on entry into Canada, be detained if an officer
(a) considers it necessary to do so in order for the examination to be completed; or
(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.
Marginal note:Mandatory arrest and detention — designated foreign national
(3.1) If a designation is made under subsection 20.1(1), an officer must
(a) detain, on their entry into Canada, a foreign national who, as a result of the designation, is a designated foreign national and who is 16 years of age or older on the day of the arrival that is the subject of the designation; or
(b) arrest and detain without a warrant — or issue a warrant for the arrest and detention of — a foreign national who, after their entry into Canada, becomes a designated foreign national as a result of the designation and who was 16 years of age or older on the day of the arrival that is the subject of the designation.
(4) If a permanent resident or a foreign national is taken into detention, an officer shall without delay give notice to the Immigration Division.
- 2001, c. 27, s. 55;
- 2012, c. 17, s. 23.
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