As a refugee, non-citizen (a foreign national or a foreign national with permanent residency status), you have the right to appeal against a removal order.
The Immigration Appeal Division (IAD) is 1 of 4 divisions in the Immigration and Refugee Board (IRB).
A removal order appeal is made to the IAD to make a case as to why you should be allowed to stay in Canada.
Who is Eligible to Make a Removal Order Appeal?
You must be one of the following to make a removal order appeal:
- A noncitizen
- A noncitizen, who is a permanent resident
- A refugee or Protected Person
Who is Not Eligible to Make a Removal Order Appeal?
You are not eligible to make a removal order appeal on the basis of:
- Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of 6 months up to 10 years
- Organized Criminality, for example, you are guilty of crimes such as smuggling, prostitution, etc
- Security Grounds, for example, you are found guilty of espionage, subversion (attempts to overthrow a government, etc), violence or terrorism
- Human or International Rights Violations, for example, you are convicted of Crimes Against Humanity and/or War Crimes
What is the Process to Make a Removal Order Appeal?
You must file an appeal to the Immigration Appeal Division (IAD) within 30 days of receiving the removal order. The Minister of the Immigration Division will provide you with a record within 45 days of making the appeal for the IAD.
A hearing will be scheduled at the IAD, where a decision to either allow or dismiss your appeal will be made.
If your appeal is allowed, your removal order will be put on hold and you’ll be allowed to stay in Canada until a decision is reached.
If your appeal is stayed or postponed, your removal order is put on hold and you are allowed to stay in Canada under certain specified conditions.
If your appeal is dismissed, you can be asked to leave Canada at any time.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm.
Just Google, “My Visa Source Toronto” or “My Visa Source Vancouver” and read some of our combined 800+ reviews.
Contact us and let our immigration litigation lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
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