Permanent residents who have been issued a removal order by the ID may also appeal to the IAD. However, you may not appeal if you have been found to be inadmissible to Canada because of:
- A serious criminal offence that was punished in Canada by a term of imprisonment of 6 monhts or more
- conviction of a crime outside of Canada and the foreign conviction or criminal act carries a maximum sentence of 10 years or more under Canadian law
- Involvement in organized crime
- Security grounds, or
- Violations of human or international rights
An appeal from a removal order must be filed within 30 days of its issuance. There will be a hearing before an IAD member to decide if the order is valid. If the appeal is allowed, the removal order is set aside and you will be allowed to remain in Canada. If the appeal is dismissed, the removal order will be upheld and you will have to leave Canada.
Instead of deciding to allow or dismiss the appeal, the IAD may decide to “stay” the removal order for a period of time. This means that the order is temporarily frozen. The IAD will consider your appeal at the end of this stay period (e.g. two or three years later). If the order is stayed, the IAD will impose certain conditions on you, such as reporting regularly to a CBSA office or advising the CBSA every time you move, during that time period. The IAD may, at any time, change the conditions or cancel the stay. If the IAD cancels the stay, it will then decide to either allow or dismiss the appeal.
After the results of the appeal:
- If the appeal is granted, the appellant can legally stay in Canada;
- If the appeal is dismissed, the deportation order in force, the appellant would face CBSA repatriation;
- If the IAD decision to suspend the deportation order, the expulsion order will temporarily not be executed;
- If the appeal were not satisfied with the IAD decision may submit a judicial review (Judicial Review) to the Federal Court.
Please contact us directly for more information.