What is a Removal Order?
Generally speaking, when a foreign national in Canada is found inadmissible or has no immigration status, they must leave Canada.
However, if they still stay in Canada, they will be ordered to leave. This is called a Removal Order.
Furthermore, the above rules also apply to permanent residents in Canada.
Usually, the Canada Border Services Agency (CBSA) issues Removal Orders.
Moreover, when the situations are complicated, the CBSA may need the Immigration and Refugee Board (IRB) to determine whether a removal order is justified. This is called an Admissibility Hearing .
What is a Removal Order Appeal?
When you receive a Removal Order, you can appeal it to the IRB.
The appeal determines whether your Removal Order is legitimate.
Who can appeal?
Generally speaking, you can appeal it if you are a:
On the other hand, you can’t appeal it if you are found inadmissible due to:
Security reasons,
Violation of human or international rights,
Serious criminality,
Organized criminality, or
Misrepresentation.
Further, if you are a temporary resident, you can’t appeal it either.
What if I can’t appeal my Removal Order?
If you can’t appeal it, you will likely need to leave Canada.
Generally speaking, when the Removal Order takes effect, you must leave Canada within 30 days.
However, it is possible that you stay in Canada longer than 30 days if you have certain reasons, for example, health.
In the meantime, you can still solve these issues if there are applicable solutions.
For example, if you have a criminal record, you may consider a Record Suspension
or Criminal Rehabilitation.
If you need help to solve your issues, please contact us.
How to appeal my Removal Order?
First of all, only the subject of a Removal Order can start an appeal.
To initiate the appeal, you must send a Notice of Appeal (NOA) to the IRB’s Immigration Appeal Division (IAD) within 30 days from the date of the Removal Order.
What is the appeal like?
Firstly, it is similar to a hearing in court. Generally speaking, a panel that usually consists of one decision-maker will hear the case in person.
Secondly, you must attend the hearing. If you have a representative, they must also attend.
Further, you need to prove that you are admissible, and that the Removal Order was wrong. You can also give statements and evidence including witnesses to the panel.
Thirdly, the counsel of the CBSA may also attend the hearing. However, if the case is straightforward, they may just send a written submission to the panel instead of attending the hearing in person.
We can also represent you at the hearing.
Can I apply Humanitarian and Compassionate (H&C) grounds to my appeal?
The answer is yes because the IAD has the power to consider your H&C factors.
To emphasize, if you have enough H&C factors, you will be allowed to remain in Canada even if you are inadmissible.
Therefore, when you want to rely on your H&C factors to win your appeal, you no longer need to solve your inadmissible issues.
To learn more about H&C, please visit our Service
page.
We can also help you to determine your H&C factors.
What are the possible outcomes of a Removal Order Appeal?
Generally speaking, after the hearing, the IAD may allow the appeal. This means your Removal Order will no longer take effect. Congratulations!
Secondly, the IAD may suspend the Removal Order. If this is your case, you may stay in Canada until the IAD makes a final decision. In the meantime, they may impose some conditions that you must follow.
Last but not least, the IAD may confirm that your Removal Order is legitimate. Then you can either leave Canada or apply for a Judicial Review at the Federal Court.
What we do?
Firstly, we help LGBT people to immigrate to Canada, and we create a safe and friendly place for them.
Then, we personalize our services for you, which may include any of the following:
Conduct legal research,
Review the IRB file and supporting documents you may have,
Assist you in collecting or preserving the supporting documents,
if you are inadmissible, we help you to find the solution,
Interview witness, if applicable,
Identify your H&C factors, if any,
Provide other advice and instructions as needed, and
Act as your representative and attend the hearing.
To learn more, book an initial assessment today or contact us.
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