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May I be removed from Canada to a country of my choice (if I'm allowed to enter that country)?

Sep 20, 2018
4
0
Many inadmissible individuals don't want to go back to their countries of origin or habitual residence, so they want to travel (after being ordered departure, exclusion or deportation) to a different country.
Suppose they have already visa or are normally allowed to enter that country. Suppose they are just bogus claimants or overstayed foreign nationals (not criminals).
Is that legally possible? Does CBSA send people to the country of their choice?
 
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Bornlucky

Hero Member
May 15, 2018
626
480
It seems that there is some discretion, but I'd be surprised if they're flexible at all these days. ENF 10 is the Manual Chapter for the following regulation and it details that the selection of another country for removal is at the managerial level.

Country of removal
  • 241 (1) If a removal order is enforced under section 239, the foreign national shall be removed to
    • (a) the country from which they came to Canada;

    • (b) the country in which they last permanently resided before coming to Canada;

    • (c) a country of which they are a national or citizen; or

    • (d) the country of their birth.
  • Marginal note: Removal to another country

    (2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.

  • Marginal note:Exception

    (3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Many inadmissible individuals don't want to go back to their countries of origin or habitual residence, so they want to travel (after being ordered departure, exclusion or deportation) to a different country.
Suppose they have already visa or are normally allowed to enter that country. Suppose they are just bogus claimants or overstayed foreign nationals (not criminals).
Is that legally possible? Does CBSA send people to the country of their choice?
In almost all cases, the person is removed or deported to the country of his/her nationality. Or in the case of failed asylum claimants, the person would be returned to the country where s/he was last before coming to Canada.

Prior to deporting the person, immigration authorities will confirm that the country to which the person is being deported will accept that person.... and in some cases, they will request short validity or emergency travel documents to be issued for the deportation process.

Being removed or deported isn't a walk in the park. The deportee cannot choose the next country to 'visit'. In fact, any visas issued by third countries could be cancelled or entry could be denied for future visits after the deportation
 
Jan 21, 2019
11
2
Many inadmissible individuals don't want to go back to their countries of origin or habitual residence, so they want to travel (after being ordered departure, exclusion or deportation) to a different country.
Suppose they have already visa or are normally allowed to enter that country. Suppose they are just bogus claimants or overstayed foreign nationals (not criminals).
Is that legally possible? Does CBSA send people to the country of their choice?
Why don't you voluntarily depart if you wished to go to a different country?