Removel Order Appeals
In case a permanent resident has received a removal order from the Immigration Division (ID) or the Canada Border Services Agency (CBSA), the person may submit an appeal to the Immigration Appeal Division (IAD) of the IRB.
Removal order appeal hearings take place at the Immigration and Refugee Board (IRB). The IRB of which the Immigration Appeal Division (IAD) is a part – is an autonomous tribunal and is not a part of IRCC or of the Canada Border Services Agency (CBSA). IRB is headed by an IAD member who makes a decision whether the removal order is legally valid and if so, is there a sufficient humanitarian and compassionate grounds to permit the appeal notwithstanding.
One can file an appeal to the Immigration Appeal Division (IAD) within 30 days after receiving the removal order.
An individual may not appeal a removal order if found inadmissible to Canada due to:
- Involvement of organized crime
- Security grounds
- Violation of international or human rights
- Serious criminal offence punished in Canada with imprisonment of at least 6 months
In deciding an outcome, the IAD may allow or dismiss the appeal or may impose a stay of removal for some time.
If the appeal is allowed, the removal order is over ruled and the individual may remain in Canada. If the appeal is dismissed, the removal order will be upheld and the CBSA may remove the individual from Canada. At times, instead of deciding to allow or dismiss the appeal, the IAD may decide to stay the removal order. This means that temporarily the removal order will not be carried out. The IAD will reconsider the appeal later, at a time set by the member hearing the appeal. If there is a stay, the person must also meet certain conditions, such as reporting regularly to a CBSA office and abstaining from criminality, and possible counseling or rehabilitative program attendance, among other things. The IAD may, at any time, change the conditions or cancel the stay. If the IAD cancels the stay, it will then decide to either allow or dismiss the appeal.
A negative decision at an IAD hearing will lead to loss of permanent resident status and/or removal. This decision is final unless an application for leave and judicial review at the Federal Court is won.
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