Question 28

The removal order will exclude the spouse.

In this situation, the removal order will not apply to the spouse, as they are a permanent resident (PR) living in Canada. The spouse's status as a PR provides them with certain protections against removal.

A) The removal order will apply to the spouse.

This option is incorrect because the spouse is a permanent resident, and under Canadian immigration law, permanent residents are generally not subject to removal orders based solely on the inadmissibility of their partners.

B) The removal order will exclude the spouse.

This option is correct as the spouse's status as a permanent resident means they are not automatically included in the removal order against the client. Permanent residents are afforded rights that protect them from being removed alongside inadmissible family members.

C) The spouse will be subject to a separate removal order.

This option is incorrect because a separate removal order would not be issued simply due to the inadmissibility of the client. The spouse's permanent resident status protects them from such actions unless they themselves are found inadmissible on separate grounds.

D) A s. 44 report will be issued to the spouse for the removal order.

This option is also incorrect. A s. 44 report is typically issued for individuals who are inadmissible, and since the spouse is a permanent resident, they would not receive such a report related to the client's situation.

Conclusion

The correct answer is that the removal order will exclude the spouse, as their status as a permanent resident protects them from being affected by the client's inadmissibility. Other options fail to recognize the legal protections afforded to permanent residents in Canada, which are crucial in determining the implications of a removal order.