Permanent residents of Canada, Canadian citizens or those living in Canada with a refugee status who have received a removal order from the government of Canada can file for an appeal to the Immigration Appeal Division (IAD). This appeal is permitted to even convention refugees or protected persons who have received removal order and seek its revocation. Since such appeals are time-bound, the appeal has to be made within the 30 days from when the removal order was received. A case will be made by the Minister or the Immigration Division within 45 days from the day the appeal was made. Once the formal hearing is scheduled, the applicant has to submit a disclosure document to the IAD and the Minister’s counsel at least 20 days before the hearing is scheduled. In the disclosure document, you need to give with valid proof your establishment in Canada, finances, income tax details and proof of your integration in Canadian society. If you are refugee claimant, you will also need to give an explanation why a return to your own country will bring you disproportionate suffering and harassment.
In rare cases, the Immigration Appeal Division (IAD) may argue a case without a formal hearing and forward the appeal to Alternative Dispute Resolution (ADR) though this is not the standard norm in removal order appeals.
An appeal can also meet with a stay order which means that the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the Immigration Appeal Division around the end of this period when it will assess if the appeal is be accepted or rejected. If the appeal is denied again, the person will have to leave Canada.
Appeals against removal orders cannot be made if you have been found inadmissible on criminal grounds such as involvement in organized crime, violations of human rights, activities like money laundering and deception, human trafficking or any other activity considered as serious crime in Canada. Contact our Canadian Immigration Lawyers.