Removal Order Appeal Lawyer
Receiving a removal order can feel like your entire life in Canada is being pulled out from under you. Whether you are a permanent resident, a protected person, or a foreign national who has built strong ties here, being told to leave Canada is overwhelming and deeply stressful. In many cases, however, a removal order is not the end of the road. You may have the right to appeal, seek judicial review, or pursue other legal remedies to remain in Canada.
As a removal order appeal lawyer, our role is to step in quickly, assess your immigration status, and determine whether you can appeal to the Immigration Appeal Division or challenge the decision at the Federal Court of Canada. We understand how urgent these cases are. Deadlines are strict, and the consequences can include long-term or even permanent bars from returning to Canada. At AKM Law, we work strategically and proactively to challenge removal orders, present strong humanitarian and compassionate grounds where appropriate, and protect your ability to stay in Canada lawfully.
What Is a Removal Order Appeal?
In Canada, a removal order appeal allows individuals to challenge a decision to remove them from the country. If a person receives a removal order, they may be able to appeal the decision to the Immigration Appeal Division (IAD) to stay in Canada, However, specific restrictions exist for cases involving serious criminality, such as crimes punishable by a term of imprisonment of at least six months.
Types of Removal Orders
There are three main types of removal orders under Canadian immigration law:
Departure Order: A departure order requires the person to leave Canada within 30 days. If the person fails to comply or does not confirm departure with the border services agency CBSA, the departure order automatically becomes a deportation order.
Exclusion Order: An exclusion order requires the person to leave Canada immediately and prohibits re entry for a specific exclusion period, usually one year. An exclusion order requires formal authorization to return if the person wishes to come back before the exclusion period ends.
Deportation Order: A deportation order is the most serious. It requires the individual to leave Canada immediately and may permanently bar them from returning unless they obtain authorization, commonly referred to as an Authorization to Return to Canada (ARC).
Understanding which removal order you are subject to is critical when planning your removal order appeal.
Who Can Appeal a Removal Order?
Not everyone who has received a removal order is eligible to appeal. The following individuals may have the right to appeal to the Immigration Appeal Division:
Permanent residents of Canada
Certain protected persons
Convention refugees in limited circumstances
Persons with a permanent resident visa who are outside Canada but found inadmissible
If you are a permanent resident facing removal due to criminal inadmissibility, misrepresentation, or failure to meet residency obligations, you may be eligible to appeal. The Immigration Appeal Division will assess whether humanitarian and compassionate grounds justify allowing you to remain in Canada despite inadmissibility findings.
Who Cannot Appeal a Removal Order?
Certain individuals do not have the right to appeal to the Immigration Appeal Division.
You may cannot appeal if you were found inadmissible for:
Serious criminality involving a sentence of six months or more
Organized criminality or organized crime
Security concerns
Violations involving human or international rights
Espionage or terrorism
Foreign nationals who do not hold permanent resident status generally cannot appeal a removal order to the Immigration Appeal Division. In those cases, the only available remedy may be judicial review at the Federal Court of Canada.
If you cannot appeal to the Immigration Appeal Division, you should seek immediate legal guidance to explore alternative legal remedies.
How the Removal Order Appeal Process Works
To initiate an appeal, individuals must submit a Notice of Appeal to the IAD within the specified timeframe. The IAD considers various factors during the appeal process, including the gravity of the offense, the potential for rehabilitation, and humanitarian and compassionate considerations. These factors play a crucial role in determining the outcome of the appeal.
The IAD will review all the evidence presented and make a decision. If the appeal is allowed, the removal order may be canceled, allowing the individual to stay in Canada. If the appeal is dismissed, the removal order takes effect. If dissatisfied with the IAD's decision, individuals can seek a review by the Federal Court through a process known as judicial review. This involves challenging the legality of the IAD's decision.
How to Succeed in Appealing a Removal Order
To succeed in a removal order appeal, preparation is everything. This is a serious matter with long-term consequences.
Key strategies include:
Presenting strong evidence of rehabilitation in criminal inadmissibility cases
Demonstrating compliance with immigration requirements
Showing deep family and community ties
Providing evidence of hardship or cruel and unusual treatment in the home country
Highlighting the best interests of children
Submitting detailed supporting documents
Preparing strong testimony for the hearing
The Immigration Appeal Division evaluates the entire picture. A well-prepared appeal can make the difference between being required to leave Canada and being allowed to remain.
Why Hire AKM Law as Your immigration Lawyer?
Navigating the removal order appeal process is complex, requiring a deep understanding of immigration law and procedural nuances. Seeking legal representation, particularly from experienced immigration lawyers like those at AKM Law, can significantly enhance the chances of a successful appeal. As individuals embark on this challenging journey, being well-informed about the process is essential for making informed decisions and securing the best possible outcome. If you're ready to proceed, don't hesitate to schedule a consultation with our lawyers. We'll thoroughly assess your case and discuss all legal options for you to stay lawfully in Canada.
Frequently Asked Questions
What Is the Deadline to Appeal a Removal Order?
In most cases, you must file a notice of appeal to the Immigration Appeal Division within 30 days of receiving the removal order. Missing the deadline may eliminate your right to appeal.
Can I Appeal Any Type of Removal Order?
No. While permanent residents may appeal certain removal orders, foreign nationals often cannot appeal. Individuals found inadmissible for serious criminality, organized criminality, or violations of human or international rights generally cannot appeal to the Immigration Appeal Division.
What Happens If I Miss the Deadline to Appeal a Removal Order?
If you miss the deadline, your appeal options become very limited. You may need to seek judicial review at the Federal Court, but strict timelines apply. It is critical to seek legal guidance immediately if a deadline has passed.
How Long Does the Appeal Process Take?
The removal order appeal process can take several months to over a year, depending on the complexity of the case and scheduling before the Immigration Appeal Division IAD.
Can I Stay in Canada While My Appeal Is Being Processed?
In many cases, yes. Filing a timely removal order appeal may allow you to remain in Canada while the Immigration Appeal Division reviews your case. However, this depends on your specific circumstances and the type of removal order.
This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.
