As a permanent resident in Canada, you may be able to appeal the issuance of a removal order to the Immigration Appeal Division of Canada.
How Are Removal Orders Appealed?
Once a removal order is issued, you have 30 days to act. Appeals are available for permanent residents or refugees/foreign nations holding a permanent resident visa. Within those 30 days, an appeal must be sent to the Immigration Appeal Division (IAD). You will receive a receipt confirming your appeal request along with details regarding your court appearance. Afterward, a member of the IAD will make their decision as to whether the order is valid or not.
If you are found to meet any of the following conditions, the IAD will deny your appeal and the removal order will continue.
- Involvement in organized crime
- Inadmissible due to security reasons
- Violation of human or international rights
- Imprisoned for 6 months after committing a serious criminal offense in Canada
You Can Succeed in Appealing a Removal Order
During the Appeal
Having proper legal representation is incredibly important when appealing your Removal Order. The Board Member at the Immigration Appeal Division who hears your case may consider humanitarian and compassionate factors when rendering a decision. As such, having proper legal representation can assist in ensuring that your circumstances are best presented and fully considered by the decision-maker.
Deferring the Appeal
In many instances, an appeal is neither approved nor denied. Instead, the order is stayed temporarily. Under a stay, the order is paused, meaning you are not forced to leave. It also means that you keep your status as a permanent resident in Canada. The stay is issued with a timeframe, at the end of which leads to the IAD hearing your appeal case. During this stay period, you are often given an opportunity to show you can abide by the rules in Canada.
After the Appeal
Appeals are made publicly and involved you, the Appellant, and the Minister’s Counsel. If the removal order appeal is approved, then you will not be forced to leave. If it is denied, then you will be removed from the country by the Canada Border Services Agency (CBSA).
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How long does the appeal for a removal order last?
If the Board Member decides to stay your removal order, it will be paused for the duration of the stay and subject to any conditions determined by the Immigration Division. Eventually, a Board Member can revoke the removal order if they choose to do so.
What happens when a removal order is successfully appealed?
Typically, a permanent resident who wins their removal order appeal maintains their status as a permanent resident in Canada. This could be for the duration of a Stay Order or after a decision by the Board Member revokes the removal order entirely.
Can I appeal a removal order outside of Canada?
If you are outside of Canada, removal has been enforced. Traditionally, people who are appealing removal orders are inside of Canada.