a removal order from Canada include: security grounds, human or international rights violations,
serious criminality, criminality, organized criminality, health grounds, financial reasons,
misrepresentation, failure to comply with conditions established under the IRPA, and being an
accompanying family member of an inadmissible foreign national.487 Whether a foreign national
receives an inadmissibility hearing before the Immigration Division or is issued a removal order
after an interview with a Minister’s delegate depends on the inadmissibility ground for which the
foreign national is facing removal.488 Generally, when a foreign national receives a full hearing at
the Immigration Division, there are “reasonable grounds to believe” that the foreign national is
inadmissible on the grounds of security, human or international rights violations, serious
criminality and organized crime.489 These grounds are most likely to include matters of “national
security and public order” and this appears to be in compliance with Article 31(1) and 31(2).
However, the IRPA also permits the issuance of a removal order to a foreign national when they
are inadmissible on medical, financial reasons, misrepresentation, failure to comply with
obligations under the IRPA (ie. conditions on a permit), or accompanying an inadmissible family
member. Some of these inadmissibility grounds could be considered “social grounds” that the
drafters of the 1954 Convention did not envision being included under Article 31.490
b. Article 31(3)
Under the IRPR, a foreign national subject to a removal order may be granted time to leave the
country voluntarily.491 This, in theory, provides the person with time to seek legal admission to
another country. However, when a de jure stateless person is issued a removal order and
requested to leave Canada voluntarily, they will likely be unable to leave because they do not
possess a legal status in any other country. Without the ability to leave, there is a real possibility
that a stateless person will remain in legal limbo indefinitely.492
The Minister may still attempt to enforce the removal order of a stateless person when there is no
possibility for them to leave Canada.493 This can occur because Canada simply treats stateless
persons like any other foreign national in the absence of a formal statelessness determination
procedure. The IRPR provides that in cases where the Minister enforces removal, a foreign
national is to be removed to the following possible countries:
• The country from which they came to Canada;
• The country in which they last permanently resided before coming to Canada;
• A country of which they are a national or citizen; or
• The country of their birth.494
IRPA, ibid., at ss. 34-41. See also, Citizenship and Immigration Canada, ENF 1 Inadmissibility (4 September
2013), available at: http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf [ENF 1 Manual]; Citizenship
and Immigration Canada, ENF 3 Admissibility, Hearings and Detention Review Proceedings (29 April 2015),
available at: http://tinyurl.com/pxkzc2h. [ENF 3 Manual]; ENF 10 Removals, supra note 449.
488
See IRPR, supra note 21 at s. 228; and ENF 3 Manual, ibid., at 8.
489
See IRPR, ibid., at s. 228-229.
490
IRPA, supra note 20 at ss. 38-42.
491
IRPR, supra note 21 at s. 240.
492
Statelessness in the Canadian Context, supra note 4 at 54-57. Andrew Brouwer discusses the issues of stateless
persons subject to a removal order at length, some of which is summarized again in this report.
493
IRPR, supra note 21 at s. 239.
494
Ibid., at s. 241.
487
101
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