If you’ve received a removal order in Canada, you can appeal to the Immigration Appeal Division within 30 days if you’re a permanent resident, protected person, or hold a permanent resident visa. You’ll need to prove legal errors or humanitarian grounds for your appeal. However, serious criminal convictions or security-related inadmissibility may disqualify you from appealing. Understanding the specific type of removal order and gathering strong supporting evidence will greatly impact your chances of success.
Understanding Removal Orders in Canada
When you’re facing a removal order in Canada, it’s crucial to understand the three distinct types that immigration authorities may issue: departure orders, exclusion orders, and deportation orders. Each type carries different implications for your future in Canada.
A departure order requires you to leave Canada within 30 days and confirm your exit with CBSA. If you don’t comply, it automatically becomes a deportation order.
With an exclusion order, you can’t return to Canada for one year, or five years if the order was due to misrepresentation. The most severe is a deportation order, which permanently bars you from returning unless you obtain an Authorization to Return to Canada.
For both exclusion and deportation orders, you’ll need to repay any removal costs if CBSA covered your departure expenses.
Key Deadlines and Filing Requirements
After receiving a removal order from Canadian immigration authorities, you’ll need to act quickly to meet critical filing deadlines. You must file your appeal with the Immigration Appeal Division (IAD) within 30 days of receiving the removal order to preserve your rights.
Once you’ve submitted your appeal, the IAD will send you a “notice to appear” for a scheduling conference. This notice will include the specific date and time for your Assignment Court appearance.
During this process, you’ll need to gather supporting documents and evidence to demonstrate why your appeal should be allowed. You’re responsible for proving your case, whether you’re arguing legal errors, factual mistakes, or humanitarian and compassionate grounds.
If you miss the 30-day filing deadline, you may lose your right to appeal entirely.
Eligibility Criteria for Appeals
The right to appeal a removal order in Canada depends on your specific immigration status and the circumstances of your case.
You’re eligible to file an appeal if you’re a permanent resident, a foreign national with a permanent resident visa, or a protected person, including Convention refugees.
However, you won’t be able to appeal if you’re found inadmissible due to serious criminal convictions resulting in six months or more imprisonment, involvement in organized crime, security threats, or human rights violations.
Additionally, if you’ve committed a crime outside Canada that would carry a maximum prison term of 10 years or more under Canadian law, you’ll lose your right to appeal.
It’s essential to understand these restrictions before proceeding with your appeal process.
The Immigration Appeal Division Process
Filing an appeal with the Immigration Appeal Division (IAD) sets in motion a structured legal process that you’ll need to navigate carefully.
Within 30 days of receiving your removal order, you must submit your appeal documentation to the IAD, who will then send you a notice to appear for a scheduling conference.
During your appeal process, you’ll face two main parties: yourself (or your legal representative) as the appellant and the Minister’s counsel from CBSA.
The hearings are public, and you’ll need to present evidence showing either legal errors in the removal order or compelling humanitarian grounds.
If your appeal succeeds, the removal order will be set aside. However, if it’s denied, CBSA can proceed with your removal.
In some cases, you may receive a temporary stay while awaiting the final hearing.
Legal Representation and Documentation
While maneuvering the Immigration Appeal Division process can be intricate, seeking proper legal representation can greatly strengthen your case.
You’ll need to gather and organize vital documents, including your removal order, permanent resident card, and any supporting evidence that demonstrates why you should remain in Canada.
Proper documentation is essential – collect your removal order, PR card and evidence supporting your right to stay in Canada.
Your legal representative can help you prepare a compelling appeal strategy, focusing on legal errors, humanitarian grounds, or both.
They’ll guarantee you’re meeting all deadlines, properly filing required forms, and presenting your evidence effectively.
You’ll need to work closely with your counsel to document any special circumstances, family ties, or community contributions that support your case.
Possible Appeal Outcomes
Once you’ve presented your case to the Immigration Appeal Division, you’ll face one of three possible outcomes that will determine your future in Canada.
The IAD may grant your appeal, allowing you to remain in Canada and setting aside the removal order.
Alternatively, they might reject your appeal, which means the CBSA can proceed with your removal from the country.
The third possibility is that you’ll receive a stay of removal order. This temporary measure allows you to remain in Canada for a specific period while meeting certain conditions, such as regular reporting to CBSA.
During this time, you’ll maintain your status until the IAD makes their final decision on your case.
Staying a Removal Order
When facing a removal order, you may be eligible for a temporary stay that pauses the enforcement of your deportation. The Immigration Appeal Division (IAD) can grant this stay while they review your case, allowing you to remain in Canada under specific conditions.
To maintain your stay status, you’ll need to:
- Report regularly to the Canada Border Services Agency (CBSA) as directed
- Keep the IAD and CBSA informed of any changes to your address or contact information
- Comply with all conditions set by the IAD, which may include maintaining employment or avoiding criminal activity
The IAD will set a future date for your final appeal hearing during this period.
If you don’t follow these conditions, you risk having your stay canceled, and the removal order may be enforced immediately.
Rights and Obligations During Appeal
Throughout your removal order appeal process, you’ll have specific rights and responsibilities that must be carefully balanced.
You’re entitled to attend public hearings, present evidence, and bring legal representation to support your case. You’ll also have the right to receive official notices and documents in your preferred official language.
Appealing parties can secure legal representation, participate in hearings, and receive documents in their chosen official language.
Your obligations include meeting all filing deadlines, particularly the vital 30-day window to submit your appeal.
You must provide accurate information, attend scheduled hearings, and comply with any conditions set by the IAD. If you’ve been granted a temporary stay, you’ll need to regularly report to CBSA and maintain good behaviour.
You’re also responsible for informing the IAD of any changes to your contact information or circumstances that might affect your appeal.
How Canadian Currents Immigration Can Help
As you navigate the complex process of appealing a removal order, Canadian Currents Immigration’s team of experienced professionals can provide essential support at every step.
Our dedicated team of immigration lawyers, consultants, and paralegals brings decades of combined experience to help protect your rights and achieve the best possible outcome for your case.
- We’ll tailor our legal services to meet your specific immigration needs.
- You’ll work directly with team members who understand the complexities of removal order appeals.
- We’ll provide cost-effective representation while maintaining high-quality legal support.
Our team will guide you through document preparation, evidence gathering, and hearing representation.
We’ll guarantee you understand your rights and obligations throughout the appeal process, while working efficiently to develop strong arguments for your case based on both legal grounds and humanitarian considerations.
Frequently Asked Questions
Can I Work or Study While My Removal Order Appeal Is Pending?
You can continue working or studying during your removal order appeal if you maintain your valid status and permits, but you’ll need to comply with any conditions set by IAD.
What Happens to My Family Members During the Removal Order Appeal Process?
Your family’s status isn’t automatically affected by your appeal. If they’re included in your removal order, they’ll need separate appeals. If not, they can maintain their current status.
How Much Does It Typically Cost to Appeal a Removal Order?
You’ll need to budget for legal fees ranging from $3,000 to $10,000, plus a $100 IAD filing fee. Additional costs include document translation, expert reports, and travel expenses if required.
Can I Travel Outside Canada While My Removal Order Appeal Is Ongoing?
You shouldn’t travel outside Canada during your removal order appeal. Leaving could trigger immediate enforcement of the removal order and jeopardize your appeal process. Stay in Canada until your case concludes.
What Percentage of Removal Order Appeals Are Typically Successful in Canada?
Specific success rates aren’t provided in the given knowledge, but you’ll improve your chances by having legal representation, demonstrating legal/factual errors, and presenting strong humanitarian and compassionate grounds during your appeal.
Conclusion
You’ll need to act quickly and strategically when facing a removal order in Canada. Remember, you’ve got 30 days to file your appeal with the IAD if you’re eligible. Whether you choose legal representation or self-representation, make sure you’ve gathered strong documentation and prepared compelling arguments. Understanding your rights and following proper procedures will greatly affect your chances of successfully staying in Canada.
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Jenny Zheng
IMMIGRATION CONSULTANT
Jenny is a highly experienced senior licensed immigration consultant providing Canadian immigration law services to clients from across the world. Many of Jenny’s clients seek out Jenny’s representation to rely on her deep knowledge and experience in securing successful immigration applications or to challenge unfavourable decisions made by the IRCC.
