Removal Appeals

How the removal appeals process works in Canada

If you have received a removal order from the Immigration Division (ID) or the Canada Border Services Agency (CBSA), you might have a right to apply for removal appeals with the courts. If you are a permanent resident of Canada or a refugee and you are ordered to be removed from Canada, you can file an appeal to the Immigration Appeal Division (IAD) within 30 days after receiving the removal order.

However, you may not have a right to appeal as a permanent resident if you have been found to be inadmissible to Canada due to involvement in organized crime or in violations of human or international rights, to serious criminality (you have punished in Canada, for a sentence of imprisonment of at least six months), or to other severe security grounds.

In most cases, a hearing will be scheduled within few months or within a year or more. Once the appeal hearing is scheduled, disclosure documentation needs to be submitted at least 20 days prior to the hearing to the two parties, the IAD and the Minister’s counsel. This documentation should prove your establishment in Canada, your family ties and other ties to Canada, as well as the hardship you might face if removed to your country of citizenship, etc. – the factors in favor of non-removal. These factors based on the documentations and your testimony will be weight against those of your removal. The decision-maker might provide with her/his decision verbally in the end of the hearing, but in most cases, you will receive the written decision a few months later.

If the appeal is allowed, you may remain in Canada. If the appeal is dismissed, the CBSA could remove you from Canada (see Enforcement and Deportation). In some cases, the removal order can be stayed, which means its temporary suspension for a period of time. This means that the IAD will consider your appeal later. Also, certain conditions need to be met, as reporting yourself regularly to a CBSA office.
Foreign nationals or those criminally inadmissible may not appeal to the IAD. However, the stay can be also obtained through the Federal Court. Also, the appellant or Minister’s counsel may appeal to the Federal Court for leave or permission for a juridical review for any IRB decision (see Federal Court Applications).

The appeal processes are complicated and require specific legal skills and understanding of law procedures, and processes of an immigration expert.

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