If you are a permanent resident facing a removal order, you may have the right to appeal to the Immigration Appeal Division — and, unlike a court, the Immigration Appeal Division can consider not only the law, but your personal circumstances.
What is a removal order appeal?
A permanent resident — and certain others, such as holders of a permanent resident visa and protected persons — who is ordered removed from Canada may be able to appeal that order to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. The IAD can look at both the legal validity of the removal order and the humanitarian and compassionate factors in your case.
Common reasons for a removal order
- Criminality or serious criminality
- Failure to meet the permanent resident residency obligation (the 730-day rule)
- Misrepresentation
- Other breaches of the Immigration and Refugee Protection Act
What the Immigration Appeal Division can consider
Where you are eligible, the IAD can weigh humanitarian and compassionate grounds — your family in Canada, the best interests of any children affected, the length of time you have lived here, and the hardship of removal — alongside the legal validity of the order. The IAD can allow your appeal, stay the removal on conditions, or dismiss it.
Deadlines and eligibility matter
Appeal rights are strictly time-limited (generally 30 days) and are not available to everyone. A person found inadmissible for serious criminality — for example, with a sentence of at least six months — may lose the right to appeal under section 64 of the Act. Because these rules are unforgiving, it is critical to get advice immediately.
How we help
We assess whether you have a right of appeal, prepare and file it on time, gather the humanitarian evidence, and represent you at the hearing before the Immigration Appeal Division. Where an appeal is barred or dismissed, we advise on judicial review at the Federal Court or an urgent stay of removal.
Act now — the clock is running
If you have received a removal order, do not wait. Contact us for a consultation — or call (613) 691-8506.