A permanent resident, protected person or foreign national holding a permanent resident visa may have a statutory right to appeal a removal order to the Immigration Appeal Division (IAD), depending on the legal basis of the order and the restrictions in IRPA.
30-day filing deadline
The Notice of Appeal and a copy of the removal order generally must be received by the IAD within 30 days after the person receives the removal order.
Appeal-right restrictions
IRPA section 64 removes the IAD appeal right in specified cases involving security, human or international rights violations, sanctions, serious criminality or organized criminality. For this appeal restriction, serious criminality includes specified offences and, for a Canadian conviction, a term of imprisonment of at least six months.
What the IAD may decide
Depending on the case, the IAD may allow or dismiss an appeal or may stay a removal order on conditions. Where equitable jurisdiction is available, humanitarian and compassionate factors can be important alongside the legal validity of the removal order.
Review a removal order appeal promptly
Bring the order, proof of when it was received, the reasons or admissibility decision and any CBSA reporting notice. Tell our office if a notice of appeal has already been filed.
Request an IAD appeal consultation · Call 647-909-7777 · Message on WhatsApp
Prepare the complete record
The appeal record, admissibility findings, criminal or immigration history, establishment, family impact, rehabilitation evidence and other relevant circumstances should be assessed together. CBSA enforcement and Federal Court issues may also require separate and urgent review.
Who can appeal a removal order to the IAD?
The right of appeal is statutory and must be confirmed from the person’s status, the type and legal basis of the removal order, and any restriction on appeal rights. Not every person who receives a removal order can appeal to the IAD. Where an IAD appeal is unavailable, other remedies may need to be assessed separately.
Does filing an IAD appeal stay removal?
An appeal filed by a person who has a right of appeal can affect enforcement of the removal order in accordance with IRPA. The precise status of the order and any exception should be confirmed from the file. A person who is also dealing with CBSA should keep reporting obligations and enforcement correspondence under review.
Legal validity and humanitarian considerations
An appeal may raise whether the removal order is legally valid. Where the IAD has equitable jurisdiction, it may also consider humanitarian and compassionate circumstances. The evidence and submissions should distinguish the legal grounds from the discretionary factors relied on.
Evidence that may be relevant
- Immigration history and the record that led to the removal order
- Family relationships and the impact of removal
- Length and degree of establishment in Canada
- Evidence of rehabilitation where misconduct or criminality is relevant
- Compliance with immigration or release conditions
- Best interests of directly affected children
- Hardship and other case-specific humanitarian circumstances
When the IAD stays a removal order
In an appropriate case the IAD may stay a removal order on conditions rather than immediately allowing or dismissing the appeal. Compliance with the conditions is important. The appeal may later return to the IAD for reconsideration of whether the stay should continue, be cancelled, or result in another disposition.
Preparing for the IAD hearing
Preparation should begin with the complete appeal and enforcement record. Documentary evidence, witnesses and the client’s testimony should address the actual issues in dispute. Counsel Harjeet Arora, RCIC-IRB, is authorized to represent clients before the Immigration Appeal Division within the regulated scope of practice.
Related removal matters
An IAD removal order appeal is available only where the legislation provides a right of appeal. For the underlying enforcement process, review section 44 reports and admissibility hearings. Filing deadlines and any effect on removal must be assessed promptly.
If CBSA is actively enforcing the order, also review Removal Orders & Deportation, CBSA Direction to Report, Removal Deferral Requests and, where applicable, PRRA.
After an IAD decision
If the appeal is allowed, the consequences depend on the order made by the IAD. If it is dismissed, removal enforcement and any available further remedy may require prompt review. Federal Court judicial review through Fourth Dimension Immigration is handled by FDI’s in-house lawyer authorized to practise before the Court.
This page provides general information only and is not legal advice. Appeal rights, jurisdiction and deadlines depend on the particular removal order and immigration history.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.