Removal Order Appeals
A removal order will be issued if a permanent resident, refugee, or foreign national with a permanent residence visa is judged to be inadmissible to Canada. Permanent residents may file an appeal with the IRB’s Immigration Appeal Division (IAD) after receiving a removal order. The Immigration and Refugee Board hears appeals of removal orders (IRB). This is a separate tribunal where a member of the IAD decides if the removal order is legally genuine and, if so, whether there are sufficient humanitarian and compassionate grounds to accept the appeal. If you are determined to be involved in organized crime, you will not be able to challenge a removal order.
⦁ Inadmissible due to security concerns
⦁ Having infringed on human or international rights
⦁ You must have committed a major criminal offense in Canada and served at least six months in prison.
When will your hearing on your appeal be held?
After getting the removal order, you have 30 days to file an appeal. After filing, the IAD will send you a notice acknowledging receipt of your appeal and reminding you to attend the scheduling conference. This “notice to appear” will include information on your appeal, such as the date and time you must appear in the Assignment Court to answer questions and assist in the scheduling of your case.
How can you win your appeal against the removal order?
To have a successful appeal, you must demonstrate to the IAD that the immigration authorities committed a legal or factual error. Your appeal may be considered by a member of the IAD on humanitarian and compassionate grounds. It is up to you and your attorney to prove that the appeal should be accepted.
What happens once an appeal is filed?
Following the appeal, the Minister’s counsel, who represents the Canada Border Services Agency (CBSA), and the Appellant will participate in the hearing. Because the hearing is open to the public, it may be covered by the media. Members of the public are also welcome to attend.
The removal order is set aside and the person cannot be removed from Canada after the case is heard and the appeal is granted. If the appeal is denied, the CBSA has the authority to deport the person from Canada.
Is it possible to put the removal order on hold for the time being?
The appeal is often denied or dismissed, but the removal order is stayed temporarily. In this case, the IAD will make a decision on the appeal once the stay period has expired. The final appeal will be heard on a day determined by a member of the hearing team. To avoid the IAD canceling the stay, the appellant must comply with strict criteria such as reporting to the CBSA headquarters.
Do you require legal representation?
To improve your chances of a successful conclusion, you might hire someone to represent you during your appeal hearing. Although hiring a lawyer isn’t required, there are frequently legal issues that must be addressed during the hearing, and you’ll need to compile sufficient supporting evidence. The Minister’s legal counsel will also be present to question you and make strong
arguments against you. To increase your chances of success, it is strongly advised that you hire professional legal counsel to defend you.
If you have been served with a removal order, you may be entitled to file an appeal with the Immigration Appeal Division (IAD) to explain why you should be allowed to remain in Canada. A removal order appeal (IRPA sections 63(2) and 63(3)) is what this is called.
Who has the right to appeal?
You must have received a removal order in order to file an appeal, and you must be:
⦁ a Canadian permanent resident
⦁ a foreign national having a visa for permanent residence in the United States, or
A Convention Refugee or Protected Person is a person who has been granted protection by the United Nations.
Who is unable to file an appeal?
If you have been deemed inadmissible to Canada for any of the following reasons, you cannot appeal to the IAD:
Serious criminality is characterized as having the following characteristics:
⦁ been convicted of a crime in Canada that resulted in a sentence of six months or more in jail, or
⦁ been convicted of an offence outside of Canada that would carry a maximum sentence of at least ten years in Canada, or
⦁ performed a conduct outside of Canada that would be punishable by a maximum sentence of ten years in Canada.
Grounds of security, Human or international rights violations
How do you begin an appeal?
You have 30 days to appeal to the IAD after getting the removal order.
To appeal a removal order, you must submit the following documents to the IAD:
⦁ A properly filled-out Notice of Appeal form.
⦁ You should have a copy of the removal order you got.
Proceedings in the open
Public hearings on immigration appeals are common. This implies that any information you provide in your appeal will be considered public and may appear in your judgement. It’s possible that your decision will be made public on the internet. Unless a secrecy order is obtained or special circumstances exist, the public and the media will be given a copy of the documents in your appeal upon request.
If you do not obtain a decision at your hearing, you should expect a decision with written reasons within 60 days.
If your appeal is successful,
You will be able to stay in Canada after the removal order is canceled. If you were previously a landed permanent resident, your status will be maintained. You should contact Immigration, Refugees and Citizenship Canada if you have a permanent resident visa but have not yet become a landed permanent resident (IRCC).
If your appeal is overturned,
The removal order will be temporarily suspended, and you will be allowed to remain in Canada if you comply with certain conditions. Your appeal will be reconsidered by the Immigration Appeal Division (IAD) at a later date, as indicated in your judgment. The IAD reserves the right to modify or cancel the stay at any moment. If the IAD lifts the stay, it will decide whether to accept or reject your appeal.
It is critical that you adhere to all of the terms of your stay decision. Your stay could be revoked and your appeal could be dismissed if you don’t comply.
If your contact information changes while your removal is stayed, you must tell both the IAD and the Canada Border Services Agency (CBSA). This is one of your stay’s requirements.
If your appeal is rejected,
The removal order will take effect, and CBSA will have the authority to deport you from Canada. You might want to seek legal counsel.
Taking the case to the Federal Court of Appeal
You or Minister’s Counsel may petition to the Federal Court of Canada for leave, or permission, to have any IAD judgment judicially reviewed. The Federal Court of Canada will either dismiss the application or remand it to the IAD for further proceedings.