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Appealing an Exclusion Order

June

Newbie
May 8, 2008
3
0
I am in the process of appealing an exclusion order for my husband.

I believe they should have given him a departure instead of exclusion order but in order to fight this i need to know that in his case they had the option of either giving him a departure order or an exclusion order, then i can argue as to why they gave the exclusion order instead of the departure order because of our circumstances.

Does anyone know where i would find it legally written as to what the officers choices were for what type of removal they could choose from for my husband?

This would be greatly appreciated!!!!

Thank you so much in advance for any help.

PS i have already looked at the website http://laws.justice.gc.ca to see if i could find it there, but i couldn't find it just that we could appeal it ect.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi

June said:
I am in the process of appealing an exclusion order for my husband.

I believe they should have given him a departure instead of exclusion order but in order to fight this i need to know that in his case they had the option of either giving him a departure order or an exclusion order, then i can argue as to why they gave the exclusion order instead of the departure order because of our circumstances.

Does anyone know where i would find it legally written as to what the officers choices were for what type of removal they could choose from for my husband?

This would be greatly appreciated!!!!

Thank you so much in advance for any help.

PS i have already looked at the website http://laws.justice.gc.ca to see if i could find it there, but i couldn't find it just that we could appeal it ect.
See: http://www.cic.gc.ca/ENGLISH/resources/manuals/enf/enf06e.pdf

PMM
 

June

Newbie
May 8, 2008
3
0
Thanks you so much.
But i'm actually still having a hard time finding it. I have read a lot about exclusion orders, but i can't find exactly what i'm looking for.

On page 8 section 3.9 Administrative removal orders and their effects. It states that removal orders are for people who are found to be inadmissible on one of the grounds listed in A44(2) but how do i find this? It appears that the link i have is just A44(1).

Also on page 31 section 21 Procedure: Written authorization to return to Canada A52(1). States that a forein national shall not return to Canada unless authorized by an officer or in other prescribed circumstances, and for the other prescribed circumstances i need to find R224, R225, and R226. Where do i find these?

I've tried going to the site for both of these but either i am just not good at this or its tricky to find.

Well if PMM or anyone else could let me know this would be greatly appreciated! i have tried going through a lawyer and through my MPs office but they seem to not be that familiar... so i am trying to do it, and then give the it and see what we can do.

Thanks
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi

June said:
Thanks you so much.
But i'm actually still having a hard time finding it. I have read a lot about exclusion orders, but i can't find exactly what i'm looking for.

On page 8 section 3.9 Administrative removal orders and their effects. It states that removal orders are for people who are found to be inadmissible on one of the grounds listed in A44(2) but how do i find this? It appears that the link i have is just A44(1).

Also on page 31 section 21 Procedure: Written authorization to return to Canada A52(1). States that a forein national shall not return to Canada unless authorized by an officer or in other prescribed circumstances, and for the other prescribed circumstances i need to find R224, R225, and R226. Where do i find these?

I've tried going to the site for both of these but either i am just not good at this or its tricky to find.

Well if PMM or anyone else could let me know this would be greatly appreciated! i have tried going through a lawyer and through my MPs office but they seem to not be that familiar... so i am trying to do it, and then give the it and see what we can do.

Thanks
What you want are the regulations: http://laws.justice.gc.ca/en/I-2.5/SOR-2002-227/index.html

PMM