How to Appeal a Deportation Order in Canada

Receiving a deportation order in Canada is one of the most serious steps in the immigration process. A deportation order permanently bars you from returning to Canada unless you obtain special authorization. For many permanent residents and foreign nationals, it can mean separation from family, disruption of employment, and long-term immigration consequences.

For a broader overview of removal types, see our guide on deportation, removal and departure orders.

Understanding Deportation Orders and Other Removal Orders

Under Canadian immigration law, there are three types of removal order:

1. Departure Order

2. Exclusion Order

3. Deportation Order

Each type has different legal consequences and requirements if the individual seeks to re-enter Canada.

Departure Order

A departure order requires that an individual leave Canada within 30 days after the order becomes enforceable. The foreign national must confirm departure with the Canada Border Services Agency (CBSA). If the person fails to confirm departure within 30 days, the departure order will automatically become a deportation order.

Exclusion Order

An exclusion order requires that the individual leave Canada immediately and cannot return for a specific exclusion period. Typically, the exclusion period is one year. However, if the exclusion order was issued for misrepresentation, the period may extend to five years. After that period, the individual may re-enter Canada if eligible, but may still require authorization depending on circumstances.

Deportation Order

A deportation order is the most serious form of removal order. It requires that the individual leave Canada immediately and permanently bars them from returning unless they apply for and obtain an Authorization to Return to Canada (ARC).

Deportation orders are commonly issued in cases involving:

• Serious criminality (maximum prison term of at least 10 years or sentences exceeding six months)

• Organized criminality or organised criminality

• Security threats such as espionage or terrorism

• Violating human or international rights, including war crimes or crimes against humanity

• Failure to comply with a departure order

Once a removal order is enforceable, the foreign national must leave Canada immediately unless there is a stay in place.

Understanding Your Rights to Appeal

Not everyone has the same right to appeal a deportation order in Canada. Your immigration status matters.

Permanent Residents and Protected Persons

Permanent residents may have the right to appeal a removal order to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). Protected persons may also have appeal rights in certain circumstances.

An appeal to the Immigration Appeal Division must typically be filed within 30 days. The IAD can consider:

• Legal errors

• Humanitarian and Compassionate factors

• Best interests of children

• Establishment in Canada

• Hardship upon removal

You can learn more about the appeal process on our page about removal order appeals.

However, if you are found inadmissible for organized crime, serious criminality, security concerns, or violating human or international rights, there may be no right of appeal to the IAD.

Foreign Nationals

A foreign national generally cannot appeal a deportation order to the Immigration Appeal Division. However, the decision may still be challenged through judicial review at the Federal Court of Canada.

As of May 14, 2025, the Federal Court extended the time to perfect an application for judicial review from 30 days to 75 days. However, the deadline to file the initial application remains strict. Missing deadlines can eliminate your legal recourse.

How to Stop a Deportation Order

Stopping removal depends on the procedural stage and your eligibility.

If you do not benefit from appeal rights at the Immigration and Refugee Board, you may apply for judicial review at the Federal Court of Canada. Judicial review does not automatically stop removal. You may also need to file a motion for a stay of removal.

If you fear returning to your home country or habitual residence, you may be eligible for a Pre-Removal Risk Assessment (PRRA). A PRRA assesses risks prior to removal, including:

• Risk of persecution

• Risk to life

• Torture

• Cruel and unusual treatment

• Human rights violations

• Armed conflict or environmental disaster affecting the entire civilian population

A PRRA does not guarantee that removal will be suspended, but it can provide an additional protection layer in certain circumstances.

Temporary Suspension of Removal (TSR) or Administrative Deferral

A Temporary Suspension of Removal (TSR) is imposed when general conditions in a country pose a risk to the entire civilian population. An Administrative Deferral of Removal (ADR) may be used during a humanitarian crisis. These are broad policy measures and do not apply in cases involving serious criminality or organized criminality.

What Happens During the Removal Process

The Canada Border Services Agency (CBSA) is legally obligated to remove any foreign national with an enforceable removal order as quickly as possible.

Once all legal avenues of appeal are exhausted:

• The CBSA will schedule a removal interview.

• Individuals must surrender travel documents.

• The CBSA may acquire travel documents from the home country.

• A removal date will be set.

If an individual fails to appear for a removal interview or removal date, the CBSA will issue a Canada wide warrant. The individual may be arrested and detained in a holding facility until removal.

The CBSA considers public safety and prioritizes serious criminality cases. Failed refugee claimants also represent a large share of removals.

Returning to Canada After a Deportation Order

If a deportation order has been enforced, you cannot re enter Canada without obtaining an Authorization to Return to Canada (ARC). Each type of removal order has specific requirements that must be met if the individual seeks to return to Canada.

An exclusion order may require waiting out the exclusion period. A deportation order requires formal authorization before you can enter Canada again.

Why You Need AKM Law on Your Side

Appealing a deportation order Canada is not simply about filing paperwork. It involves understanding the Immigration and Refugee Protection Act, navigating the Immigration Appeal Division, preparing a Federal Court judicial review if required, and responding strategically to the CBSA removal process.

If you have received a deportation order or are facing removal, you have legal rights. The key is acting quickly and building a structured legal strategy before the removal date is scheduled.

Facing a deportation order in Canada is serious. But in many cases, it is not the end of the road.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.