1. Permanent Residents :
Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organized criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality (a crime that holds a maximum sentence of 10 years or more) and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada.
2. Foreign Nationals :
Foreign Nationals may not appeal their Removal Orders to the IAD. However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
Stay of Removal Orders
A stay of a removal order is through the Federal Court. Here, a motion is submitted to the court requesting an individual’s removal be temporarily suspended on specific grounds which includes:
- that the individual faces serious harm in the country of their citizenship,
- they are involved in an ongoing judicial process, or
- they have an application for permanent residence which has yet to be processed
What Happens if You Fail to Appear for Removal?
Removal Orders, in all cases, require that you leave Canada. If you fail to appear for a removal interview or fail to appear on the removal date, CBSA will issue a Canada-wide warrant for your arrest. Once CBSA has arrested you, they may detain you in a holding facility or provincial correctional facility before removal. CBSA may also assign an officer to accompany you on your departure to ensure that you leave Canada. If you leave Canada under a Departure order or an Exclusion order (and the time period for which you are barred from Canada has elapsed), you may be eligible to apply to return to Canada. However, please note that you must ensure that you are not inadmissible under other grounds (criminality, security concerns etc.)
Challenging Removal Orders
1. Permanent Residents :
Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organized criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality (a crime that holds a maximum sentence of 10 years or more) and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada.
2. Foreign Nationals :
Foreign Nationals may not appeal their Removal Orders to the IAD. However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
Stay of Removal Orders
A stay of a removal order is through the Federal Court. Here, a motion is submitted to the court requesting an individual’s removal be temporarily suspended on specific grounds which includes:
- that the individual faces serious harm in the country of their citizenship,
- they are involved in an ongoing judicial process, or
- they have an application for permanent residence which has yet to be processed
What Happens if You Fail to Appear for Removal?
Removal Orders, in all cases, require that you leave Canada. If you fail to appear for a removal interview or fail to appear on the removal date, CBSA will issue a Canada-wide warrant for your arrest. Once CBSA has arrested you, they may detain you in a holding facility or provincial correctional facility before removal. CBSA may also assign an officer to accompany you on your departure to ensure that you leave Canada. If you leave Canada under a Departure order or an Exclusion order (and the time period for which you are barred from Canada has elapsed), you may be eligible to apply to return to Canada. However, please note that you must ensure that you are not inadmissible under other grounds (criminality, security concerns etc.)