A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Note: A person may not appeal if he or she has been found to be inadmissible to Canada because of:
- a serious criminal offence punished in Canada by a term of imprisonment of at least six months
- involvement in organized crime
- security grounds, or
- violations of human or international rights
The person must appeal within 30 days of receiving the removal order from the Immigration Division (ID) or the Canada Border Services Agency (CBSA). In most cases, a member (decision-maker) will hear the appeal according to the IRB tribunal process. The appeal process involves two parties: the appellant and Minister's counsel who represents the CBSA. It is also usually public, so media or members of the public may attend or report on the proceedings.
If the appeal is allowed, the removal order is set aside and the person may remain in Canada. If the appeal is dismissed, the removal order will be upheld and the CBSA could remove the person from Canada.
Instead of deciding to allow or dismiss the appeal, in many cases, the IAD may decide to stay the removal order. This means that, temporarily, it 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. 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.
Either the appellant or Minister's counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IRB decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.
Removal Order Appeal Process
The image illustrates a graph.
Person is ordered removed from Canada.
Person files appeal of removal order with the IRB within 30 days.
IAD member considers the appeal. There are three possible outcomes.
One: Appeal is allowed and the person may remain in Canada.
Two: Appeal is dismissed and the person may be removed from Canada.
Three: Stay of decision. The removal order is suspended with conditions and the appellant may remain in Canada temporarily. After the period of time, an IAD member reviews the stay and reconsiders the appeal.