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Removal Order Appeals

If you are a permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa and you have been ordered to leave Canada, you have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board Canada (IRB). You have 30 days after receiving a removal order to file an appeal.

Note: You may not appeal if you have been found to be inadmissible to Canada because of:

  • a serious criminal offence,

  • involvement in organized crime,

  • security grounds, or

  • violations of human or international rights.

The IAD may allow an appeal – and set aside the original decision – if there was:

  • an error in law or fact, or

  • a breach of a principle of natural justice.

In some cases, the IAD may give special relief and allow an appeal based on humanitarian and compassionate (H&C) considerations, such as the best interests of a child.

If the appeal is dismissed, the removal order will be upheld and the Canada Border Services Agency (CBSA) may remove you from Canada.

Instead of deciding to allow or dismiss the appeal, in many cases, the IAD may decide to stay the removal order based on humanitarian and compassionate considerations, such as the best interests of a child. The IAD will reconsider your appeal later, at a time set by the member hearing the appeal. If this happens, you 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.

When you appear at removal order appeals, you have the right to be represented at your own expense by counsel. Appeals are adversarial, i.e., your counsel has to argue against the Minister's counsel before the IAD member (who is a decision-maker like a judge in court) why you should not be removed from Canada.




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