Sun | Dec 16, 2018

Immigration Corner | Can a citizen be deported back to Jamaica?

Published:Tuesday | November 20, 2018 | 12:00 AM
Deidre S. Powell
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Dear Ms Powell,

I have a big concern. My brother is a citizen of Canada and he said that he was given a deportation order and must leave Canada. Can a citizen of Canada be deported? He won't discuss the details with me and I don't know what to do. What are some of the reasons why he could be deported to Jamaica? Can he return to Canada?

- CJ

Dear CJ,

There are several grounds under which the Canadian government, through their appropriate agencies, can issue a deportation order and revoke an individual's citizenship. The individual could then be deported to his country of birth, even if he had acquired Canadian citizenship. This is usually in circumstances where an individual has dual citizenship and he has committed a serious criminal offence, or if he is considered to be a threat to other Canadians, permanent residents or lawful visitors to Canada. Also, if he has violated certain immigration laws, then he can be deported to his country of birth.

An immigrant is considered to be a 'naturalised citizen' in the circumstances where citizenship was acquired by application, as opposed to someone who was born in Canada, or who acquired citizenship by right of parental decent. A naturalised citizen can be deported if he is deemed inadmissible to Canada.

There are several types of removal orders and the most detrimental is a deportation order. Are you positive that he was issued a deportation order?

 

Reasons for deportation

 

There are several reasons why an individual may have his citizenship revoked and be subjected to a deportation order. The first may be where the immigration authorities have evidence that an individual has committed a serious crime under the Criminal Code of Canada or the Controlled Drug and Substances Act.

This includes where an individual has committed a serious federal offence, such as terrorism, high treason or spying offences. Also, if the person is a member of an organised armed group or country that was in armed conflict with Canada, he would be rendered inadmissible to Canada and could be the subject of a deportation order. Another reason is where it has been proven that an individual is involved in espionage, subversion, human or international rights violation, war crimes, then the individual could be sent back to his country of origin.

An individual could have his citizenship revoked and asked to leave Canada if the authorities have evidence that there was a breach of the Citizenship Act. For example, where the citizenship was resumed or obtained by misrepresentation of a material fact, or where there was fraudulent representation of common-law union, marriage or divorce.

If an individual has had his citizenship revoked, he can never apply for resumption of citizenship. Similarly, if a deportation order was issued, the individual will be deemed to be permanently barred from returning to Canada. As mentioned before, such an order of deportation is usually issued for serious violations or criminal activities. The individual would then be deemed to be 'criminally inadmissible' and considered a threat to the safety of Canadians and people in Canada.

Nevertheless, there are ways that one can overcome some types of criminal inadmissibility and apply to return to Canada. This would depend on the finer details of your brother's case. Therefore, I recommend that you both consult directly with an immigration lawyer, immediately. Time is of the essence!

- Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa and Ontario, Canada. Submit your questions and comments to: info@deidrepowell.com. Subject line: Immigration. Find her on Facebook: jamaicanlawyer. Tel: 613-695-8777/ 876.922.4092