Immigration Law

Under the Immigration and Refugee Protection Act (IRPA), a removal order may be issued by either the Canada Border Services Agency (CBSA) or the Immigration Division of the Immigration and Refugee Board (IRB) following an admissibility hearing. These orders compel individuals to leave Canada and are categorized into three primary types:

Removal orders can be issued in a variety of circumstances, including but not limited to:

• Rejected asylum or refugee claims
• Overstaying a visa or violating visa conditions
• Being found inadmissible for criminality or misrepresentation
• Rejected inland permanent residence applications
• National security or organized crime concerns

Not everyone in Canada is eligible to appeal a removal order. Eligibility depends on both the individual’s immigration status and the reasons for inadmissibility. Those who can appeal typically include Permanent Residents of Canada, Protected Persons, and Foreign Nationals holding a Permanent Resident Visa. These groups have the legal right to challenge removal orders through the Immigration Appeal Division.

However, specific individuals are ineligible to appeal due to serious grounds of inadmissibility. This includes persons found inadmissible because of serious criminality (imprisonment of two or more years), security concerns, human or international rights violations, organized criminal activity, or misrepresentation. An exception to misrepresentation applies only if the individual is the sponsor’s spouse, common-law partner, or child. Understanding eligibility criteria is essential to determine if an appeal is possible.

If eligible, individuals may appeal to the Immigration Appeal Division (IAD) of the IRB. This process involves several formal steps and strict timelines:

Step-by-Step Appeal Process:

1. Notice of Appeal: Must be filed within 30 days of receiving the removal order.
2. Disclosure and Document Exchange: The appellant and the Minister’s counsel exchange legal submissions and evidence.
3. Hearing: A public hearing before the IAD; both parties present arguments.
4. Decision: The IAD may allow the appeal, stay the removal order, or dismiss the appeal.

When a removal order appeal is allowed, the removal order is cancelled, and the appellant is permitted to remain in Canada legally. In some cases, the appeal may be stayed, which means there is a temporary suspension of the removal order under specific conditions, such as maintaining good conduct and regularly reporting to the Canada Border Services Agency (CBSA). This stay is subject to re-evaluation after a set period. However, if the appeal is dismissed, the removal order remains in effect, and the CBSA may proceed with enforcement, requiring the individual to leave Canada.

The IAD evaluates several factors before rendering a decision, such as:

• Length of time in Canada
• Family ties and responsibilities
• In the best interests of any children affected
• History of rehabilitation (if criminal record is involved)
• Employment and community contributions
• Circumstances leading to the breach of status

A stay of removal order is often granted as an alternative to a complete dismissal or allowance of the removal order. During this stay, the individual must comply with specific court-imposed conditions to ensure good conduct and ongoing cooperation with immigration authorities. These conditions may include refraining from further criminal activity, periodically reporting to the Canada Border Services Agency (CBSA), actively seeking and maintaining employment, and promptly notifying authorities of any changes to their address.

If the individual fully complies with these conditions, the Immigration Appeal Division (IAD) may decide to cancel the removal order altogether. However, failure to meet these requirements can result in the CBSA requesting that the stay be lifted, allowing it to proceed with enforcing the removal order. This makes adherence to the imposed conditions critical during the stay period.

If the Immigration Appeal Division (IAD) denies a removal order appeal, individuals still have a legal option through a judicial review by the Federal Court of Canada. Unlike an appeal, a judicial review does not re-evaluate the facts of the case. Still, it focuses on whether the IAD made a legal or procedural error during its decision-making process. This step is often complex and requires a deep understanding of administrative law and immigration procedures.

To initiate a judicial review, the appellant must first request leave to apply—this must be done within 15 days of the IAD’s decision if the person is in Canada, or within 60 days if they are outside the country. If leave is granted, the Court will determine whether to uphold the IAD’s decision or remit the case back to the IAD for reconsideration. Given the technical nature of judicial reviews, seeking experienced legal counsel is critical to ensuring a strong and timely submission.

A permanent resident from India was issued a removal order after receiving a conviction resulting in a 20-month sentence, which typically renders an individual inadmissible due to serious criminality under Canadian immigration law. With the legal support of Affinity Law’s experienced Removal Order Appeals lawyers in Toronto, the client filed an appeal with the Immigration Appeal Division (IAD). 

The appeal emphasized key humanitarian and compassionate factors, including the client’s demonstrated rehabilitation, long-standing family ties in Toronto, and the best interests of two Canadian-born children. After careful consideration, the IAD granted a stay of removal for three years, imposing specific conditions to be met during that period. The client fully complied with all conditions, and as a result, the removal order was ultimately cancelled, allowing the individual to continue building a stable life in Canada.

• Decades of immigration law experience
• In-depth understanding of IRPA and IRB procedures
• Strategic legal representation before the IAD and Federal Court
• High success rate in complex appeals and detention reviews
• Multilingual legal team for personalized client service

A removal order does not always mean the end of your time in Canada. With timely and knowledgeable legal intervention, it is possible to remain in the country, challenge the decision, and even secure permanent legal status through the proper appeal channels. Whether you are facing a departure, exclusion, or deportation order, understanding your rights and acting quickly can make all the difference. At Affinity Law, our experienced Removal Order Appeals lawyers in Toronto are deeply familiar with the Immigration and Refugee Protection Act (IRPA) and the procedural nuances of the Immigration Appeal Division (IAD) and the Federal Court. We are committed to defending your rights, preserving your status, and giving your case the personalized attention it deserves. Don’t face a removal order alone—let our legal team guide you every step of the way.