If you have received a removal order, you may be able to appeal the decision of the Immigration Appeal Division (IAD) to stay in Canada.
The appeal process begins after either an admissibility hearing conducted by the Immigration Division of the Immigration and Refugee Board or an examination by an immigration officer.
Who Can Appeal
- Permanent Residents of Canada: Individuals holding permanent resident status.
- Foreign Nationals with Permanent Resident Visa: Those possessing a visa for permanent residency.
- Convention Refugees or Protected Persons: Individuals granted refugee status or recognized as protected persons.
Who Cannot Appeal
The above individuals cannot appeal if they were found inadmissible to Canada for any of the following reasons:
- Convicted of Crimes in Canada: Individuals sentenced to six months or more in a Canadian prison for a crime.
- Convicted of Crimes Outside Canada: Those convicted of a crime outside Canada punishable by a maximum prison term of ten years or more in Canada.
- Involvement in Organized Crime: Individuals engaged in organized crime activities, such as human smuggling or money laundering.
- Security Threats: Individuals posing a security threat, such as involvement in attempts to overthrow governments or terrorist activities.
- Violation of Human or International Rights: Individuals found guilty of violating human or international rights, such as committing war crimes.
How to Appeal
- Within 30 days of receiving the removal order, the individual must submit an appeal to the IAD.
- Appeals are open to permanent residents or individuals with a permanent resident visa, including refugees and foreign nationals.
- Upon submission, a receipt acknowledging the appeal request is provided, along with information about the upcoming court appearance.
- A member of the IAD reviews the appeal and decides whether the removal order stands or is revoked.
Grounds for Denial
- The IAD may deny the appeal if the individual is found to be involved in organized crime, poses security risks, violates human or international rights, or has been imprisoned for six months after committing a serious offense in Canada.
Success in Appeals
- Legal representation is crucial during the appeal process as the Board Member may consider humanitarian and compassionate factors.
- Proper representation ensures that the individual’s circumstances are effectively presented and considered by the decision-maker.
Deferral of Appeal
- Appeals may result in a temporary stay of the removal order instead of immediate approval or denial.
- During the stay period, the individual retains their status as a permanent resident in Canada and is not required to leave.
- The stay typically has a set timeframe, during which the individual must demonstrate compliance with Canadian regulations.
After the Appeal
- Appeals involve the individual (Appellant) and the Minister’s Counsel and are conducted publicly.
- If the removal order appeal is successful, the individual is not compelled to leave Canada.
- If the appeal is denied, the individual will be removed from the country by the Canada Border Services Agency (CBSA).
FAQs
What will happen if my Removal Order Appeal is won?
Typically, winning an appeal against a removal order allows a permanent resident to maintain their status in Canada. This can occur through a Stay Order or if the Board Member decides to revoke the removal order altogether.
My Removal Order has been stayed, how long the duration of the stay will be?
If a Board Member grants a stay on your removal order, it pauses the process and may include conditions set by the Immigration Division. The Board Member holds the power to revoke the removal order if deemed necessary.
I am outside of Canada can I Appeal a Removal Order?
Typically, individuals appealing removal orders are those who are currently residing within Canada. This process usually involves individuals contesting or challenging the decision to remove them from the country. However, if you're outside of Canada, the jurisdiction for appealing removal orders may not apply to you. This means that if you're not physically present within Canada, you may not have the grounds or legal basis to appeal a removal order.
If I obtained permanent residency in Canada under the skilled worker category but did not update my marital status, what consequences could I face?
Failure to update your marital status may be considered misrepresentation, leading to potential inadmissibility and the issuance of a removal order.
What are the potential consequences of failing to disclose changes in marital status to immigration authorities in Canada?
Misrepresentation, potential finding of inadmissibility, and the issuance of a removal order.
Is it possible to file an appeal against a removal order issued by the Immigration Division?
Depending on the circumstances, it may be possible to file an appeal to the Immigration Appeal Division within the specified timeframe.
How can one request a deferral if facing a removal order and needs additional time?
Submit a Request for Deferral to the Canada Border Services Agency (CBSA), explaining your circumstances and providing supporting documentation.
If facing physical restrictions that prevent travel, what options are available to stay in Canada?
Options include a request for deferral, applying for permanent residency on humanitarian and compassionate grounds, and undergoing a pre-removal risk assessment.
What is the purpose of the Request for Deferral in the context of a removal order?
It provides a temporary reprieve from removal, allowing time to prepare for an appeal or explore other options.
What grounds does the Immigration Appeal Division consider during an appeal of a removal order?
Factors include family ties, length of residence, establishment in Canada, the best interests of children, community support, public safety, rehabilitation, and hardship, that the appellant or their family would face if the appeal is dismissed.
How can an individual demonstrate eligibility for permanent residency on humanitarian and compassionate grounds?
By presenting evidence of exceptional circumstances justifying the need to stay in Canada, taking into consideration factors such as health conditions and the well-being of the individual.
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