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removal vs. deportation

Russian translation: См. ниже

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15:45 Mar 25, 2003
English to Russian translations [PRO]
Law/Patents
English term or phrase: removal vs. deportation
An order of removal has been entered against you vs. An order of deportation has been entered agaist you.

I know for sure that these terms are not interchangeable. I would translate "removal" as "высылка" whereas "deportation" is "депортация". I welcome your comments on this subject.

Thanks in advance.

Svetlana
Svetlana Ball
Local time: 09:57
Russian translation:См. ниже
Explanation:
ИММГРАЦИОННОЕ ЗАКОНОДАТЕЛЬСТВО КАНАДЫ
REMOVAL - общее название.
DEPORTATION - разновидность.

As part of the enforcement of the Immigration and Refugee Protection Act, Citizenship and Immigration Canada (CIC) may remove from Canada any person who has been issued a removal order for breaching the Act. There are three types of removal orders and each has different consequences. A removal order can be appealed in certain situations. People cannot be removed from Canada if they have appealed a removal order and the appeal has not been decided, if they are involved in another legal proceeding, or if they have been found to be people in need of protection.


WHO IS RESPONSIBLE

CIC enforcement officers carry out removals. In some cases, RCMP officers or medical personnel may assist them. Depending on the type of removal order required, it is issued either by a CIC officer or by a member of the Immigration Division of the Immigration and Refugee Board (IRB), which is independent of CIC. The IRB's Immigration Appeal Division (IAD) hears appeals of removal orders. The Federal Court Trial Division may review the IAD's ruling.


TYPE OF REMOVAL ORDERS

If either a CIC officer or a member of the Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, they may issue one of the following removal orders:

Departure order
A departure order requires that the person leave Canada within 30 days after the order becomes enforceable and that they confirm their departure with CIC.

Exclusion order
A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of a CIC officer is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from a CIC officer.

Deportation order
A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from a CIC officer.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming the departure with CIC.

Departure and exclusion orders are usually issued for less serious violations.

If a person files a claim for refugee protection and is issued a removal order, that removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave within 30 days of the final determination of the claim.

In all cases, the individuals and their representatives are informed of the reasons for the removal and are given a copy of the order. Family members in Canada who are dependants of these people may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

Selected response from:

Mark Vaintroub
Canada
Local time: 09:57
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4См. ниже
Mark Vaintroub
4 +3seems like removal is a new word for deportation
uFO
5 +1check this, might be helpful
protolmach


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
seems like removal is a new word for deportation


Explanation:
immigration Glossary:
http://www.hrlawinfo.com/lawguide/Immigration/glossary.asp

Removal. Removal (formerly "deportation") is a legal proceeding conducted before a special immigration judge to decide whether or not an immigrant will be allowed to enter or remain in the country. While, generally speaking, a person who is already in the U.S. cannot be expelled without first going through a removal hearing, someone arriving at the border or a port of entry can be forced to leave without a hearing or ever seeing a judge. Those who are deported are barred from returning to the United States for at least five years unless the Immigration and Naturalization Service (INS) grants a special waiver.

Immigration Dictionary
http://www.lawcom.com/immigration/diction.shtml

Deportation
A proceeding (hearing) to determine if a person should be expelled from the US under the provisions of the Immigration and Naturalization Act and, the carrying out of an order of expulsion. Under recent law changes, Deportation Proceedings are now called Removal Proceedings.




--------------------------------------------------
Note added at 2003-03-25 15:58:15 (GMT)
--------------------------------------------------

FACT SHEET: NEW U.S. IMMIGRATION LAW -- CHANGES IN
TERMINOLOGY (Legislation goes into effect April 1)

March 26, 1997

...


\"Removal\" Replaces \"Exclusion\" and \"Deportation\"

The 96 Act effects a comprehensive reorganization of the procedures for the removal of aliens by combining the former exclusion and deportation proceedings into a single removal proceeding.


...
http://www.usembassy-israel.org.il/publish/press/ins/in30327...


uFO
South Korea
Local time: 10:57
PRO pts in pair: 52

Peer comments on this answer (and responses from the answerer)
agree  Ol_Besh
30 mins
  -> thanks

agree  Jolanta Schimenti
49 mins
  -> thanks

agree  Vadim Khazin
8 hrs
Login to enter a peer comment (or grade)

35 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
check this, might be helpful


Explanation:
http://www.proz.com/kudoz/257650

--------------------------------------------------
Note added at 2003-03-26 04:24:11 (GMT)
--------------------------------------------------

Светлана, я думаю, что это очень полезный разговор. Спасибо за то, что еще раз задали этот вопрос.
Мне Молли переслала Ваше письмо, буду рада поговорить с Вами электронно, или по телефону.
Всего доброго,
Илона

protolmach
United States
Native speaker of: Native in RussianRussian
PRO pts in pair: 130

Peer comments on this answer (and responses from the answerer)
agree  Remedios: Я тоже об этом вспомнила, так как все проверяла в прошлый раз :-). Доброе утро, Илона :-)
11 hrs
  -> Спасибо, доброе утро!
Login to enter a peer comment (or grade)

37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
См. ниже


Explanation:
ИММГРАЦИОННОЕ ЗАКОНОДАТЕЛЬСТВО КАНАДЫ
REMOVAL - общее название.
DEPORTATION - разновидность.

As part of the enforcement of the Immigration and Refugee Protection Act, Citizenship and Immigration Canada (CIC) may remove from Canada any person who has been issued a removal order for breaching the Act. There are three types of removal orders and each has different consequences. A removal order can be appealed in certain situations. People cannot be removed from Canada if they have appealed a removal order and the appeal has not been decided, if they are involved in another legal proceeding, or if they have been found to be people in need of protection.


WHO IS RESPONSIBLE

CIC enforcement officers carry out removals. In some cases, RCMP officers or medical personnel may assist them. Depending on the type of removal order required, it is issued either by a CIC officer or by a member of the Immigration Division of the Immigration and Refugee Board (IRB), which is independent of CIC. The IRB's Immigration Appeal Division (IAD) hears appeals of removal orders. The Federal Court Trial Division may review the IAD's ruling.


TYPE OF REMOVAL ORDERS

If either a CIC officer or a member of the Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, they may issue one of the following removal orders:

Departure order
A departure order requires that the person leave Canada within 30 days after the order becomes enforceable and that they confirm their departure with CIC.

Exclusion order
A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of a CIC officer is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from a CIC officer.

Deportation order
A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from a CIC officer.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming the departure with CIC.

Departure and exclusion orders are usually issued for less serious violations.

If a person files a claim for refugee protection and is issued a removal order, that removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave within 30 days of the final determination of the claim.

In all cases, the individuals and their representatives are informed of the reasons for the removal and are given a copy of the order. Family members in Canada who are dependants of these people may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.



Mark Vaintroub
Canada
Local time: 09:57
Native speaker of: Native in RussianRussian
PRO pts in pair: 1026
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Yuri Geifman
4 hrs
  -> thanx

agree  Svetlana: Вы забыли вывод. Предлагаю: высылка и депортация.Или пишите коммент скорее,пока Вас не опередили, а то обидно будет...
19 hrs
  -> thanx

agree  protolmach
20 hrs
  -> thanx

agree  Iouri Ostrovski
1 day4 hrs
  -> thanx
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