You have 30 days after receiving the removal order to appeal to the IAD.
Published by Hillfield Immigration on 25th June, 2021
To file a removal order appeal, you must submit to the IAD a completed Notice of Appeal form and a copy of the removal order you received. You cannot appeal to the IAD if you have been found inadmissible to Canada due to serious criminal offences such as, organized crime, security grounds, and violation of human or international rights.
If you, a permanent resident of Canada, foreign national with a permanent resident visa, or a convention Refugee or Protected Person have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD) in order to explain why you should be allowed to stay in Canada.
Once your notice of appeal has been received, there are a number of actions that take place well before your hearing date. You may want to consider hiring an immigration consultant to assist you with your appeal. IAD will request the appeal record from the Immigration Division.
The appeal record contains all the information related to the decision to issue a removal order against you. The Immigration Division or the Minister must provide the appeal record to you and the IAD within 45 days from the date requested. It is very important for you to provide all your contact information on time and advise the IAD if it changes.
The IAD can declare your appeal “abandoned”, meaning your appeal is finished, if you or your counsel do not respond to a request for information, or you do not show up at an ADR conference that you were requested to attend.
The Immigration Appeal Division (IAD) will contact your counsel to schedule your hearing and you will receive a Notice to Appear at least four weeks before the hearing date. It is imperative that you seek legal representation from a qualified consultant in this matter.
If your appeal is allowed the removal order will be cancelled and you will be able to remain in Canada. If you were already a landed permanent resident, you will keep that status. If you hold a permanent resident visa but did not become a landed permanent resident, you should contact the IRCC.
If your appeal is stayed, the removal order will be put on hold temporarily and you will be able to stay in Canada provided you respect certain conditions. The IAD will reconsider your appeal at a later date as indicated in your decision.
If your appeal is dismissed the removal order will take effect, which means CBSA may remove you from Canada. You may wish to seek legal advice from Hillfield Immigration to appeal to the Federal Court for a rehearing.