Removal-Order Appeal – Permanent Residents & Protected Persons
When Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) issues a removal order against a Permanent Resident or Protected Person, it can lead to loss of status and removal from Canada. However, Canadian law grants the right to appeal this decision to the Immigration Appeal Division (IAD) — providing an essential opportunity to challenge the order, present evidence, and seek to remain in Canada.
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Removal-Order Appeal – Permanent Residents & Protected Persons
Introduction
A removal order—deportation, exclusion, or departure—can turn a life upside down, whether it was issued after an admissibility hearing or an examination by Canada Border Services Agency (CBSA). The Immigration Appeal Division offers a vital opportunity to challenge the order on factual, legal, and humanitarian grounds. This page sets out who can appeal, procedural steps, strategic considerations, and the critical role of experienced counsel in protecting the right to remain in Canada.
Who May Appeal
You can appeal a removal order if you are:
- A permanent resident of Canada; or
- A protected person (Convention refugee or person in need of protection); or
- A foreign national with a PR visa who received the order at a port of entry.
Who Cannot Appeal
No appeal exists if the removal order is based solely on:
- Serious criminality (a conviction punished in Canada by six months or more imprisonment)
- Security grounds, human-rights violations, or organised crime involvement
Types of Removal Orders
Type | Usual Trigger | Appeal Available? |
Departure Order | Less serious violations (e.g., failed residency, certain document issues) | Yes, if you hold status above. |
Exclusion Order | Misrepresentation, minor criminality, overstays | Yes, subject to eligibility. |
Deportation Order | Serious offences, repeat breaches, failed refugee claims | Appeal barred if offence meets serious-criminality threshold. |
Filing the Appeal
- Notice of Appeal – Must reach the IAD within 30 days of the date the order was made.
- Serve a copy on Minister’s counsel (CBSA).
- Keep proof of delivery (registered mail, courier confirmation, or e-delivery receipt).
Minister’s Appeal Record
The Minister supplies a package including:
- Immigration Division transcript or CBSA interview notes
- Documentary evidence relied on (criminal dockets, police reports)
- Legal submissions presented at first instance
Use the record to pinpoint factual errors, procedural unfairness, or areas lacking balance.
Grounds of Appeal
Errors of Fact or Law
- Misinterpretation of the Immigration and Refugee Protection Act or Regulations
- Reliance on inaccurate criminal dispositions or outdated police intelligence
Procedural Fairness
- Interpreter mistakes, inadequate disclosure, or denial of adjournment to secure counsel.
Humanitarian & Compassionate Factors – Ribic & Chieu Framework
The IAD may set aside a valid order if the following, viewed cumulatively, favour the appellant:
- Establishment in Canada – Length of residence, employment, community involvement.
- Seriousness of Offence – Nature and frequency of criminal behaviour, if any.
- Remorse and Rehabilitation – Completion of counselling, stable employment, positive references.
- Family in Canada and Best Interests of Children – Dependants who rely on the appellant.
- Hardship on Return – Country conditions, medical care, social ties abroad.
- Compliance History – Past cooperation with immigration authorities.
Appeal Procedure Timeline
Step | Timeframe | Key Tasks |
Notice of Appeal | 30 days | Engage counsel, obtain disclosure. |
Appeal Record | 45 days after Notice requested | Review transcript for factual errors. |
Disclosure of Appellant’s Evidence | 20 days before hearing | Serve affidavits, expert reports, rehabilitation documents. |
ADR Possibility | Limited to select low-risk cases | Not common for criminal matters. |
Hearing | Set by IAD | Usually three-hour virtual session; longer if complex. |
Evidence Package
- Certified Court Documents – Verify final disposition, sentence length, and conditional-discharge terms.
- Rehabilitation Proof – Completion certificates, employer letters, probation officer reports.
- Family Impact Statements – Sworn affidavits from spouse, children, elderly parents.
- Country Evidence – Objective reports on safety, healthcare, or social reintegration challenges.
- Expert Assessments – Psychological evaluations demonstrating low risk of re-offence.
Hearing Tactics
- Counsel opens with a concise theory of the case: why the order should be set aside or stayed.
- Direct examination highlights rehabilitation, family hardship, and establishment.
- Cross-examination anticipates Minister’s focus on criminality or non-compliance; counsel may object to irrelevant or prejudicial questions.
- Closing submissions tie evidence to Ribic factors and recent jurisprudence.
If risk remains but removal is not immediately justified, the IAD can issue a stay of removal with behavioural conditions (reporting requirements, counselling, no-contact orders). Compliance over the stay period often results in the order being quashed.
Counsel Versus Going It Alone
- Rules of evidence, sentencing law, and cross-examination technique are intricate.
- A self-represented appellant must formulate legal arguments under time pressure while opposing trained CBSA counsel.
- Experienced representatives craft a structured narrative, prepare witnesses, and ensure the Member hears all rehabilitative facts—not just the offence history.
After the Decision
Outcome | Effect |
Appeal Allowed | Order cancelled; status restored. |
Stay of Removal | Order paused subject to compliance; reviewed periodically. |
Appeal Dismissed | Removal proceeds; Federal Court judicial-review window is 15 days. |
Failure to meet stay conditions will reactivate the removal order—counsel should be consulted immediately if compliance issues arise.
Conclusion
A removal order need not spell the end of a life built in Canada. The IAD offers a balanced forum where legal error, fairness, and compassionate circumstances can overturn—or at least pause—the order. If you or a loved one faces removal, act quickly. Immigration Nation provides clear strategy, meticulous preparation, and robust advocacy at every stage.
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