Faster removal orders for simple inadmissibility

Summary#

This is a proposed change to the Immigration and Refugee Protection Regulations published on November 18, 2023. It would let a Minister’s Delegate (an official who works with the border agency) issue removal orders faster in three specific, straightforward situations instead of referring those cases to the formal immigration adjudication body.

What it does#

• Moves the authority to issue removal orders from the Immigration Division of the Immigration and Refugee Board to a Minister’s Delegate at the border in these three situations:
  • Misrepresenting visa-exempt status when applying for an electronic travel authorization (eTA).
  • Failing to show up for a required immigration medical examination.
  • Failing to appear for an examination at a designated port of entry.
• Confirms that if a person has a refugee claim found eligible, the removal order in these cases would be a departure order (meaning the person must leave within 30 days and doesn’t need written permission to return).
• Notes this proposal does not change the legal grounds for inadmissibility—only who decides and how quickly a removal order can be issued.
• Provides a formal public comment period of 30 days starting from November 18, 2023 (interested people or groups may submit feedback).
• Estimates cost avoidance from faster handling: about $9,598 for one misrepresentation case per year and about $76,708 for one port-of-entry non-appearance case per year (estimates are per case and based on past data; medical non-compliance shows negligible savings).

Who's affected#

• People most directly affected are foreign nationals trying to enter or remain in Canada who:
  • Use or attempt to use an eTA while misrepresenting visa-exempt status.
  • Are required to take an immigration medical exam and do not attend.
  • Fail to present themselves for examination at a designated port of entry.
• Operationally affected organizations include the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, and the Immigration and Refugee Board.
• It’s unclear from the notice how many cases this will apply to, because detailed statistics (especially for eTA misrepresentation) are not available.

Why it matters#

• The change is meant to speed up border decisions for simple, clear-cut cases. That can mean quicker removals and fewer long, costly admissibility hearings.
• Faster decisions at ports of entry could reduce the number of people held in immigration detention and lower operational costs.
• For the public, this aims to strengthen border integrity by making enforcement faster where the facts are straightforward.
• The proposal is still at the consultation stage; people had 30 days from November 18, 2023 to comment, and it is not yet law. Judicial review and, where available, appeal routes remain part of the system.