When a permanent resident, refugee or foreign national with a permanent resident visa is found to be inadmissible to Canada, he/she will receive a removal order. In the case of permanent residents, after receiving a removal order, the person may submit an appeal to the Immigration Appeal Division (IAD) of the IRB. Removal order appeal hearings take place at the Immigration and Refugee Board (IRB). This is an independent tribunal where a member of the IAD makes a decision whether the removal order is legally valid and if so, whether there are sufficient humanitarian and compassionate grounds to allow the appeal notwithstanding. You may not appeal a removal order if found to be:
Involved in organized crime
Inadmissible on security grounds
To have violated human or international rights
To have committed a serious criminal offence in Canada and were imprisoned for at least six months
When will your appeal hearing take place?
The appeal should be filed after 30 days upon receiving the removal order. After filing, you will receive a notice from the IAD acknowledging receipt of your appeal and notifying you to appear for the scheduling conference. This “notice to appear” will provide details on your appeal such as the date and time where you need to appear at the Assignment Court so that you can answer questions to help in scheduling your case.
How can you win the removal order appeal?
To have a successful appeal process, you need to show the IAD that the immigration authorities made a wrong decision in law or in fact. The member of the IAD may even consider your appeal based on humanitarian and compassionate grounds. It is you and your counsel’s responsibility to show that the appeal should be allowed.
What happens after filing an appeal?
After appealing, two parties will be involved in the hearing, the Minister’s counsel who represents the Canada Border Services Agency (CBSA) and the Appellant. The hearing is public so it may be covered by the media; members of the public can also attend. Once the case is heard and the appeal is allowed, the removal order is set aside and the person cannot be removed from Canada. However, if the appeal is denied then the person can be removed from Canada by the CBSA.
Can you hold the removal order temporarily?
In many cases the appeal is not allowed or dismissed, but the removal order is temporarily stayed. In such a situation, the IAD will decide to the appeal later once the period of the stay is concluded. A member of the hearing team will set a date when the final appeal will be heard. However, the appellant must meet stringent conditions like reporting to the CBSA office to prevent the IAD from cancelling the stay.
Do you need someone to represent you?
You can choose someone to represent you at your appeal hearing to increase the chances of a successful outcome. Although having a lawyer is not mandatory, often there are legal questions that need to be argued during the hearing and you’ll need to gather adequate supporting evidence. The Minister’s counsel will also be present to ask you questions and make very solid arguments against you. It is therefore strongly recommended to have experienced legal counsel to represent you in order to maximize your chances of success.
Additional Articles About Canadian Immigration Appeals
It was not a simple file, it was a 55- month journey since applying for a work permit and, then, finding a new stream to apply for being a permanent residence. During this time, Crystal accompanied my family and I step by step presicely and diligently. There was no fault in her paper works that eventually helped us ending up to permanent residents.
Today I won my spousal appeal case. I would like to express my most sincere thanks for the most professional representation. Mr. Jeffrey and his staff worked hard to ensure my success. I admire their work ethic and most of all excellent representation. I feel I have won my life back because of Mr. Jeffrey despite the complexity of my case. I want to thank Maryam for her hard work and her dedication to my case. I would recommend and trust Mr. Jeffery for all types of immigration cases.
No words to express my gratitude to Mr. Jeffery and team (Maryam and Crystal) that supported my appeal case. All the professionalism and dedication for my case was instrumental for the successful results we achieved. I would recommend Mr. Jeffery for all types of immigration cases.
Truly appreciate the expertise and support of the team at Matthew Jeffery. Cannot recommend their services enough for successfully navigating the complicated processes with Canadian immigration. Special thanks to Crystal!
Thanks a lot to Маtthеw Jеffеrу Lаw Firm; especially for crystal. she is patient, professional. she helped us prepare all docs, provide us with professional ideas. our pr application was approved in March, 2021. everything went fast and smooth. appreciated for your help.
Worked with the team specifically Crystal and Matthew himself. Great service, specially in a year like 2020 and its uncertainties. We got through with proper communication, great service and timely successful submission. You definitely get the service you pay for. I definitely suggest their services for Immigration and visa.
Thanks a lot to Matthew Jeffery . He helped me prepare all documents for applying for my PR. He's done very professional job. My application is going very smooth without any problems. Reasonable price and professional work, that's why I choose him. Definitely will recommend to my friends.
I highly recommend The Law Office of Matthew Jeffery. Having work with him and his team has literally changed my life. He is very efficient; they communicate effectively and always promptly. He assisted me with a Humanitarian and Compassionate grounds case. I am glad that I trusted the future and life of my family to him. I am glad that I did not listed to people who advised me that the likelihood of getting this case accepted was low. The lawyer who I was working with, believed in my case and helped me in every step of the way. The time that we waited for and the money that we spent on is an investment that will make a better life not only for me, but also for my kids. Thanks to John Laman and Jeffery for always staying on top of my case and answering all my questions and concerns. I cannot recommend them more for your immigration law needs. Thanks.
Mr Jeffery took my case after I was denied due to a traffic issue from 2005. I originally hired Akrami and Associates who were the worst. Mr. Jeffery and his team are professionals i would recommend to my closest friends. If you need help hire the best. Jeffery is the best. Thank you Mr. Jeffery for your help. My family and I are forever grateful. Jamal.
What I can say. Cystal Yu and Mattthew provided an amazing service on my parents immigration case. Crystal is the best ever lawyer i have ever seen and communicated. She is very patient on answering all your questions, and very professional on dealing with the extraordinary cases. She is the best choice for sure. I am very glad that had a chance to meet with Matthew and Crystal , and I hope they can also help others by using their excellent service.
I came across this Matthew Jeffery’s Law Firm by mistake and I’m so glad i had them work on my application. Crystal took care of my application and was with me step by step. I received my pr in 6 months after she filed my application!! I’m so happy with how everything turned out and extremely grateful for all her help. Thank you Matthew Jeffery Law Firm!
I'm so glad we found Law Firm of Matthew Jeffery to help my husband through his immigration journey. It's been very reassuring knowing that Matthew was always a phone call away to help ease our fears and guide us on what to expect. His advice was always practical and realistic, and he was able to clearly explain to us what we needed to do. His passion for his work was evident, and I would definitely recommend him to anybody seeking Canadian immigration lawyer.
My husband and I have just received approval of permanent residency. We had a 5 star experience dealing with Crystal Xu. She has made what was an extremely stressful situation completely stress free. Every single step of the way on our permanent residency journey she was there no matter what day or time it was. She was always on the other end of the phone any time I had any kind of question to ask. I thought it would take much longer for our visa to come through but thanks to crystal the process was less than a year which is amazing considering all the delays with the pandemic. We hit a couple of bumps in the road along the way and she would smooth it all over in no time. Crystal was extremely professional and knowledgeable on all things visa. Also the paperwork side of things were very daunting for me before I contacted her. She made it all so simple and explained it all so thoroughly. She was amazing at keeping me calm when ever I had any moments of panic. We are now just waiting to receive our PR cards in the mail thanks to her. I would highly recommend her to anyone. We will not be going to anyone else but Crystal in the future when it comes to applying for out citizenship. My husband and I are so grateful to have found her and look forward to working with her again in the future.