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Removal Order Appeals

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    Removal Order Appeals in Canada

    A removal order can have serious consequences for permanent residents, including the loss of status and forced departure from Canada. Permanent residents who receive a removal order due to criminality or misrepresentation may have the right to challenge that decision through an appeal before the Immigration Appeal Division (IAD).
     
    Canadian immigration law allows eligible permanent residents to appeal removal orders within 30 days of receiving the decision. A successful appeal can prevent removal and, in many cases, enable the individual to retain or restore their lawful permanent resident status.

    Why Removal Orders Are Issued

    Immigration authorities issue removal orders when they find a permanent resident inadmissible under the Immigration and Refugee Protection Act. The most common reasons include:
     
    1) Conviction for a serious criminal offence in Canada or abroad.
    2) Findings of misrepresentation, such as providing false or incomplete information.
    3) Certain immigration violations that breach residency or admissibility rules.
     
    Once authorities issue a removal order, the individual must leave Canada unless they file a valid appeal within the prescribed time limit.

    Who Can File a Removal Order Appeal

    Permanent residents who lose their status and receive removal orders may appeal to the Immigration Appeal Division, provided the law does not bar their appeal. Please file the appeal within 30 days of receiving the written decision regarding the removal orders.
     
    Meeting this deadline is critical. Missing it can permanently bar appeal and may result in immediate enforcement of the removal orders.

    The Removal Order Appeal Process

    Issuance of the Removal Order

     
    In most cases, removal orders are issued following a hearing before the Immigration Division. During that hearing, the Division determines whether the permanent resident is inadmissible to Canada. If the Division finds the individual inadmissible, it issues removal orders requiring the individual to leave Canada.
     

    Filing the Appeal

     
    To challenge the decision, the permanent resident must file a Notice of Appeal with the Immigration Appeal Division within 30 days of receiving the removal orders. This filing officially starts the appeal process.
     

    Tribunal Record and Evidence

     
    After the appeal begins, immigration authorities prepare and submit the tribunal record. This record usually includes:
     
    1) Documents reviewed by the Immigration Division.
    2) Transcripts from the admissibility hearing.
    3) Evidence used to support the removal orders.
     
    The appellant may also submit new evidence in support of the appeal, including documents relating to rehabilitation, family ties, employment, community involvement, and humanitarian considerations.

    The IAD Hearing

    The Immigration Appeal Division schedules an in-person or virtual hearing for most appeals of removal orders. During the hearing:
     
    1) The appellant may testify and present witnesses.
    2) The appellant may submit additional supporting evidence.
    3) A Minister’s Representative presents arguments on behalf of immigration authorities.
    4) An IAD judge presides over the hearing and assesses all evidence.
     
    The judge considers both legal and humanitarian factors before making a final decision.

    Grounds for Challenging a Removal Order

    An appellant can challenge removal orders on one or both of the following grounds:
     

    1. Legal Error

     
    The appellant may argue that the immigration authorities issued the removal orders in error due to a legal or factual error. If the judge agrees, the IAD may allow the appeal on legal grounds.
     

    2. Humanitarian and Compassionate Grounds

     
    If the legal challenge fails, the appellant may request relief on humanitarian and compassionate grounds. These may include:
     
    1) Length of residence in Canada.
    2) Family relationships and dependency.
    3) Best interests of affected children.
    4) Degree of establishment and community ties.
    5) Evidence of rehabilitation and remorse.
     
    The IAD judge has discretion to allow the appeal on these grounds.

    Possible Outcomes of a Removal Order Appeal

    After reviewing all evidence, the IAD judge may:
     
    1) Dismiss the appeal and uphold the removal orders.
    2) Allow the appeal and cancel the removal orders.
    3) Allow the appeal and impose a stay of removal.
     
    A stay of removal functions like a probationary period. If the appellant meets all conditions during the stay, they retain their permanent resident status upon completion of the stay.

    Importance of Professional Representation

    Removal order appeals involve complex legal arguments, strict deadlines, and detailed evidence requirements. Professional guidance helps ensure that submissions are complete, you meet deadlines, and you present arguments effectively before the IAD.
     
    Spike Immigration assists clients throughout the appeal process, from filing the Notice of Appeal to preparing evidence and representing clients at hearings.

    Frequently Asked Questions (FAQs)

    A removal order appeal allows eligible permanent residents to challenge a decision ordering them to leave Canada before the Immigration Appeal Division.
    You must file the appeal within 30 days of receiving the written removal order decision.
    Not all removal orders are appealable. Some cases may permit judicial review only in the Federal Court.
    Yes. The Immigration Appeal Division can allow an appeal based on humanitarian and compassionate considerations, even if the removal order is legally valid.
    A stay of removal temporarily suspends enforcement of the removal order. If you comply with all conditions, you may fully retain your permanent resident status.
    While representation is not legally required, appeals of removal orders are complex. Professional assistance greatly improves your ability to present a strong case.

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