The Canada Border Services Agency will occasionally refer people to the Immigration Division in order to have those individuals removed from Canada. The most common reasons are misrepresentation and criminality.
Permanent residents who have been issued a removal order can generally appeal to the Immigration Appeal Division. The appeal can be based on any of the following reasons:
- The decision of the Canada Border Services Agency officer or the Immigration Division member to issue the removal order was wrong in law, fact or both law and fact;
- There was a failure to observe a principle of natural justice; or
- They believe that they should not be removed from Canada on humanitarian or compassionate grounds.
The Immigration Appeal Division may either dismiss the appeal, allow the appeal, or stay the removal order for a certain period, and then ultimately quash the removal order if certain conditions are complied with.
In certain situations, foreign nationals and permanent residents do not have a right to appeal. Persons may lose their appeal rights if a CBSA officer or a member of the Immigration Division determines that they are security threats or war criminals, or that they have committed crimes against humanity, were involved in organized crime or are serious criminals. A serious criminal is a person who has been convicted of a crime in Canada that may be punishable by at least 10 years in prison and for which a sentence of at least two years is given. This is expected to be reduced to six months imprisonment.
We have successfully represented many individuals facing removal orders at the Immigration Appeal Division. The appeal to the Immigration Appeal Division is essentially a permanent resident’s last opportunity to stay in Canada (and possibly ever come back).
The Citizenship and Immigration Canada Manual on Immigration Appeal Division hearings can be found here: http://www.cic.gc.ca/english/resources/manuals/enf/enf19-eng.pdf
Please e-mail firstname.lastname@example.org or call 1-604-681-9887 if you have any questions about appealing a removal order.