IRB Representation
Removal Order Appeals
Appealing a removal order to the Immigration Appeal Division where a right of appeal exists.
Overview
A removal order can be made after an admissibility hearing before the Immigration Division, or in some cases by an officer. Permanent residents, protected persons, and foreign nationals holding a permanent resident visa can generally appeal that order to the Immigration Appeal Division (IAD).
There is an important exception. No appeal is available where the person was found inadmissible for security, human or international rights violations, sanctions, organized criminality, or serious criminality — which, for this purpose, means a crime punished in Canada by at least six months' imprisonment, or certain serious offences committed outside Canada.
The IAD can allow the appeal, dismiss it, or stay the removal order on conditions. It looks at whether the order was legally valid, whether the process was fair, and whether humanitarian and compassionate considerations, including the best interests of any child affected, justify special relief.
Who may consider this: Permanent residents, protected persons, and permanent resident visa holders who have received a removal order.
Eligibility Considerations
- Being a permanent resident, a protected person, or a foreign national holding a permanent resident visa
- A removal order made at an admissibility hearing, or by an officer after an inadmissibility report
- Not being barred from appeal on grounds of security, human or international rights violations, sanctions, serious criminality, or organized criminality
- Filing the notice of appeal within 30 days of receiving the removal order
- A basis to challenge the order on legal, fairness, or humanitarian and compassionate grounds
How It Works
Order & Record Review
We review the removal order, the inadmissibility report, and the hearing record to confirm your right of appeal.
Notice of Appeal
We file the notice of appeal with the IAD within 30 days of your receiving the order.
Case Strategy
We decide which grounds to pursue — legal validity, fairness, humanitarian and compassionate factors, or a combination.
Evidence & Submissions
We gather evidence of establishment, family ties, rehabilitation where relevant, and hardship, and prepare written submissions.
IAD Hearing
We prepare you and your witnesses and represent you at the hearing, or at alternative dispute resolution where offered.
Decision & Conditions
If the IAD stays the order, we explain the conditions and how to comply; if the appeal is dismissed, we review the remaining options.
Documents You May Need
Document requirements vary by applicant and pathway — not every applicant needs every item below. We confirm your specific list during an assessment.
- The removal order and the inadmissibility report
- The Immigration Division's decision and reasons, or hearing transcripts, where applicable
- Evidence of establishment in Canada: employment, education, property, and community involvement
- Family evidence, including the best interests of any child affected
- Rehabilitation evidence, such as completed programs and reference letters, in criminality cases
- Evidence of the hardship you would face if removed, including country conditions
Common Issues to Watch For
These are presented to help you prepare, not to cause concern — most are avoidable with careful preparation.
- Missing the 30-day deadline to file the notice of appeal
- Assuming a right of appeal exists without checking the serious criminality and other exceptions
- Relying on humanitarian factors without supporting evidence
- Not complying with the conditions of a stay, which can lead to it being cancelled
How We Help
- Confirm quickly whether you have a right of appeal and what the deadline is
- Identify the legal, fairness, and humanitarian grounds that genuinely fit your case
- Build a well-documented case on establishment, family, rehabilitation, and hardship
- Represent you before the Immigration Appeal Division
- Work with a licensed lawyer if a Federal Court step is needed
Frequently Asked Questions
Who can appeal a removal order?+
Permanent residents, protected persons, and foreign nationals holding a permanent resident visa can generally appeal to the IAD, subject to the exceptions in the law, such as serious criminality.
How long do I have to appeal?+
The notice of appeal must reach the IAD within 30 days of receiving the removal order. In some cases it can be handed to the Immigration Division member at the end of the admissibility hearing.
What does a stay of removal mean?+
The IAD puts the removal order on hold for a period, with conditions such as reporting, keeping the peace, or keeping your address up to date. The IAD can later review the case and allow or dismiss the appeal; breaching the conditions can lead to the stay being cancelled.
Can I be removed while my appeal is pending?+
Generally, a removal order that can be appealed doesn't take effect while an appeal filed on time is pending. We confirm how this applies in your situation.
What if I don't have a right of appeal?+
Depending on the facts, other options may include a humanitarian and compassionate application, criminal rehabilitation in the right circumstances, or judicial review through a lawyer. We review the file before advising.
The information on this website is provided for general guidance only and does not constitute legal or immigration advice. Immigration policies, fees, processing times, and eligibility requirements change frequently. Please verify current requirements with official government sources or a qualified immigration professional before making decisions.