Challenging Removal Orders – Maple Law Corporation 

Rights of Appeal for Permanent Residents 

A removal order may be appealed to the Immigration Appeal Division (IAD) by Canadian permanent residents. This right is not unqualified, though, and it greatly depends on the rationale behind the order. The IAD may "stay" or set aside the removal order if it accepts the appeal, enabling the person to stay in Canada subject to certain restrictions. 

Restrictions for Foreign Nationals 

Foreign nationals typically do not have the ability to appeal a removal order to the IAD, in contrast to Permanent Residents. The legal alternatives available to these people are more restricted and usually entail requesting a judicial review through the Federal Court of Canada as opposed to an administrative appeal. 

Serious Criminality and Security Bars 

Even for Permanent Residents, there are some situations in which the ability to appeal is totally denied. An individual cannot appeal to the IAD if they are declared inadmissible for espionage, organized crime, crimes against humanity, or grave security concerns. Likewise, appeal rights are denied to persons deemed ineligible for "serious criminality"—defined as a crime carrying a possible term of 10 years or more in which the offender received a minimum 6-month jail sentence. 

Judicial Review at the Federal Court 

People can still contest the decision to issue a removal order by requesting a judicial review in the Federal Court of Canada in situations where there is no right of appeal to the IAD (such as for foreign nationals or those with significant criminal histories). In this procedure, a judge is asked to rule on whether the initial ruling was legal, rational, and fair in terms of procedure. 

Stay of Removal Orders 

A legal procedure known as a "Stay of Removal" can be utilized to temporarily halt someone's deportation. Usually, a motion in the Federal Court is used to accomplish this. The court typically takes into account whether the person is facing substantial harm in their home country, whether they are a party to an ongoing legal proceeding, or whether they have an application for permanent residence that is still pending in order to grant a stay. 

Consequences of Failing to Appear 

A removal order mandates that the person depart Canada by a given date. A Canada-wide arrest warrant will be issued by the Canada Border Services Agency (CBSA) if the individual does not show up for the removal interview or the planned departure date. Until their departure can be arranged, the person may be detained in a provincial jail facility or detention center after being arrested. 

Re-entry After Removal 

An individual may be able to apply to return to Canada if they depart after receiving a Departure Order or an Exclusion Order (and the restricted time period has expired). They must make sure, nevertheless, that they are not prohibited for other reasons, such criminal activity. There is a permanent bar in cases of deportation orders, and in order to be eligible for re-entry, the person must apply for an Authorization to Return to Canada (ARC). Read More