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Appeal a removal order: I am a permanent resident

Time-critical

Someone detained, or a removal date? Call the office now.

905-452-0348

Monday to Friday, 9:00 a.m. to 5:00 p.m. Outside office hours, leave a message at 905-452-0348 with your number, and say if someone is detained or has a removal date.

Routes people usually look at

  1. 1

    What to do today

    Call a lawyer now. You have 30 days to appeal. Find the removal order and write down the date you got it.
  2. 2

    An appeal to the Immigration Appeal Division (IAD)

    The IAD is an independent tribunal that hears immigration appeals. Permanent residents can appeal a removal order made by an officer or at an admissibility hearing. So can protected persons and people with a permanent resident visa. The IAD must receive your notice of appeal within 30 days after you get the order. You can also file it at the end of the admissibility hearing.
  3. 3

    Humanitarian and compassionate grounds

    This means kind and fair reasons based on your situation. If there are enough of these reasons, the IAD can allow the appeal. Or it can pause the order on conditions, which is called a stay. It must take into account the best interests of any child directly affected.
  4. 4

    A Federal Court review

    If you have no right to appeal. Some people cannot appeal to the IAD. Examples are people found inadmissible for security, human or international rights violations, or organized crime. Another example is serious crime punished in Canada by at least six months in prison. There are others.
What’s usually involved
  1. Write down the date you got the removal order.
  2. Check if you have a right to appeal.
  3. File the notice of appeal within 30 days.
  4. Get the appeal record and prepare your evidence. The IAD Rules say your documents are due no later than 60 days after you get the record.
  5. Go to the early resolution meeting, if one is offered, or to a hearing.
Documents you’ll typically need
Timing

The 30-day appeal deadline is strict. The Board sets the hearing dates. See the IRB’s appeal page.

Common pitfalls
  • Missing the 30-day deadline
  • Breaking the conditions of an IAD stay, which can bring the case back
  • Weak proof of your life in Canada and of hardship
  • Leaving Canada before getting advice

This is general information, not legal advice about your situation.

Time-critical: call the office now

Monday to Friday, 9:00 a.m. to 5:00 p.m. Bring this summary. Consultations in English, Punjabi and Hindi.

Call 905-452-0348Book