What is a removal order appeal and when does it happen
If you receive a removal order while in Canada, you may be eligible to appeal it to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
The removal order appeal will decide whether your removal order is legitimate, or whether there are humanitarian reasons that justify your stay in Canada.
Who has the right to appeal
You may appeal a removal order if you are
1. a permanent resident of Canada,
2. a foreign national with a permanent resident visa, or
3. a successful refugee claimant or protected person.
A temporary resident does not have the right to appeal.
Further, if you are found inadmissible on any of the following grounds, you do not have the right to appeal:
1. Serious criminality,
2. Organized criminality,
4. Human or international rights violations,
What is a removal order appeal like
The removal order appeal is similar to a hearing in court. A decision-maker will preside during the hearing.
You and your representative, if applicable, will need to attend the hearing. The opposing party, usually the Canada Border Service Agency (CBSA), or occasionally, Immigration, Refugees and Citizenship Canada (IRCC), may also attend.
You will have a chance to speak to the decision-maker, present your case, call witnesses, question evidence/witness, make submissions, etc.
Who must prove the case
You must prove the removal order you received is wrong or present humanitarian reasons that justify your stay in Canada.
Please note that if the CBSA or IRCC attends the hearing, they will present their case. If they do not attend, they will provide a written submission. Therefore, it might be necessary that you prepare for your response to their submissions.
Removal order appeal and humanitarian and compassionate consideration
The IAD of IRB has the power to consider your humanitarian and compassionate (H&C) grounds.
Some of the H&C grounds may include:
1. Establishment in Canada.
2. Ties to Canada.
3. The hardship if removed from Canada.
4. The best interest of the child.
You shall present all of your H&C grounds. If the decision-maker grants you H&C consideration, the removal order will no longer affect you.
Possible outcomes of a removal order appeal
If you are successful in your case, the decision-maker will cancel the removal order, and you may stay in Canada. If you are a permanent resident visa holder, you may land in Canada.
The decision-maker may temporarily suspend your removal order and impose conditions for you to follow. In the meantime, you may remain in Canada until further consideration.
The decision-maker may also dismiss your appeal, and the removal order will take effect.
How to start a removal order appeal
You must send a Notice of Appeal (NOA) to the IAD of the IRB within 30 days after you receive the removal order.
WHAT WE CAN DO TO HELP YOU
To successfully address your inadmissible grounds, you must know the Canadian immigration law and policies regarding those issues and demonstrate that you meet the requirements.
We personalize our services for you based on the information and circumstances of your case, which may include any of the followings:
1. Review your inadmissible ground(s),
2. Conduct legal research for case law that may be helpful for your case,
3. Help you identify your H&C grounds, if any,
4. Review the IRB file and any supporting documents you may have,
5. Help you gather the evidence. If evidence is not available, we will provide you with advice as to how to preserve it,
6. Interview your witness(es) for the hearing, if applicable,
7. Provide other advice, legal opinions, and instructions as needed,
8. Act as your representative for the IRB procedure, including but not limited to communicate with the IRB, provide submissions, attend the hearing and any pre-hearing conferences, etc.
Book an appointment for an initial assessment today or contact us directly.