Removal Order Judicial Review Lawyer in Vancouver, BC

Permanent residents, refugees, and foreign nationals possessing permanent visas who have been presented with a removal order—telling them that they must leave Canada—may file an appeal with the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. Not all foreign nationals with a pending removal order may file an appeal. If the removal order is based on any of these reasons, no appeal is permitted and the removal order will be enforced.

• Serious criminal activity either in Canada or in another country
• Organized crime associations
• Security grounds, or
• Violations of human or international rights

The appeal of a removal order is heard by an independent tribunal that reviews the circumstances surrounding the removal order to determine that it is legally and factually valid. Even if valid, the tribunal may determine there are sufficient humanitarian and compassionate grounds to allow the claimant to remain in Canada.

When Will Your Removal Order Judicial Appeal Hearing Take Place?

Any appeal of a removal order must be filed within 30 days of notice of removal. Once the appeal has been filed, you will be notified of its receipt and given a date and time for a scheduling conference. A scheduling conference is when you will fill in details so that the Assignment Court can properly schedule your hearing.

How Can You Win the Removal Order Appeal?

To win a reversal of a removal order, you need to show the IAD that the decision to ask you to leave Canada was based on a mistake of law or fact, or that your circumstances require a humanitarian and compassionate exception to permit you to stay. A successful appeal requires a good story that captures who you are, your circumstances, and what you might face if returned to your country of origin.

What Happens After Filing a Removal Order Appeal?

Filing an appeal triggers a complex administrative process. First, a Tribunal Record, which is the relevant information, law and fact, about your case, will be compiled. It takes about 3-4 months for a Tribunal Record to be generated. A copy of the Tribunal Record will be provided to you by mail and sent to the Appeal Division.

At the Appeal Division, staff will review the contents of the Tribunal Record to determine whether there are simpler ways to resolve the case through Alternative Dispute Resolution or by written submissions. If Alternative Dispute Resolution is feasible, a date will be set—usually within 6-8 months. A successful Alternative Dispute Resolution means the case will be decided in your favour.

If a full appeal is necessary, because the case could not be resolved through Alternative Dispute Resolution or written submissions, then a full hearing before a judge will be scheduled. However, due to caseloads, that hearing might not be scheduled for over a year.

At the hearing, the judge will receive evidence and listen to testimony from both the Immigration office and from you. In rare cases, the judge will issue an oral decision at the close of the hearing. It is more likely, however, for the judge to write a decision and mail it out afterwards. It usually takes about a month for that judicial decision to be drafted, finalized, and sent to you.

The appeals process can take from 6 months to 2 years depending on the complexity of your case and the backlog of cases within the Immigration Appeal Division.

Who Can Appeal a Removal Order?

Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada have a right to appeal a removal order.

Who Cannot Appeal?

Any foreign national is barred from appealing a removal order if they have been found inadmissible to Canada because of:

• Serious criminality either in Canada or in another country, resulting in a conviction and sentence of more than 6 months
• Organized crime associations
• Security grounds, or
• Violations of human or international rights

In addition, an appeal is not available for claimants whose refugee protection claim has been rejected, and foreign nationals who do not have a permanent residence visa.

If the Appeal is Allowed

The advantage to filing an appeal is that the removal order will be stayed during the course of the appeal, and the claimant will be allowed to stay in Canada while the appeal is pending.

If the IAD Stays the Appeal

If the IAD stays the appeal, the claimant can remain in Canada under conditions imposed by the IAD.

If the Appeal is Dismissed

The Canada Border Services Agency may remove the person from Canada. Or the person can contest the IAD’s decision by asking for permission to apply for judicial review of the IAD determination.

Appeal Your Removal Order Now With Trusted Immigration Counsel

If you are seeking to appeal a removal order you must file your appeal within 30 days of notice of removal. Do not delay! You can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Completing the appeal process and gathering all of the supporting documentation can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can appeal your removal order once we determine your eligibility.

Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility to appeal a removal order and to help you through the various steps needed to review the law and factual record to find errors and to compile a compelling story as to why you should be able to remain in Canada.

Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.

Call us now to book a time: (778) 331-1164.