You can generally appeal an Immigration Division (ID) removal order to the Immigration Appeal Division (IAD) if you are a Permanent Resident or Protected Person. However, you are legally blocked from appealing if you are inadmissible for “serious criminality” (e.g., sentenced to 6 months or more in a Canadian prison). There is no government fee to file the appeal, but you only have 30 days to submit the Notice of Appeal.
Being issued a deportation or removal order by the Immigration Division (ID) is a highly stressful experience for any family in Canada. When the Canada Border Services Agency (CBSA) successfully argues that you have violated the Immigration and Refugee Protection Act, the ID will issue a legal order demanding you leave the country. 🚨 Fortunately, the Canadian legal system provides a safety net for many permanent residents through the Immigration Appeal Division (IAD).
The IAD is a separate, higher tribunal within the Immigration and Refugee Board of Canada (IRB). Unlike the initial ID hearing, the IAD has the unique power to consider Humanitarian and Compassionate (H&C) factors. 💔 This means that even if the removal order was legally correct, the IAD can choose to let you stay in Canada based on your ties to the community and family.
Step-by-Step Process for Appealing an ID Deportation Order
Whether you reside in Halifax, Winnipeg, or Edmonton, the procedures for the Immigration Appeal Division are governed by strict federal rules. Missing a deadline can result in the immediate enforcement of your deportation. 📍 Most individuals facing removal choose to hire a local Canadian law firm to build a strong defence.
Step 1: Determining If You Have the Right to Appeal
Before filing anything, you must confirm that you have a legal right of appeal. Generally, only Permanent Residents, Protected Persons (refugees), and foreign nationals holding a PR visa can appeal to the IAD. 🔍 However, if your removal order is based on organized criminality, security threats, human rights violations, or “serious criminality” (a sentence of 6+ months), you are completely barred from appealing to the IAD.
Step 2: Filing the Notice of Appeal Within 30 Days
If you are eligible, you must file a formal Notice of Appeal with the IAD. This step is extremely time-sensitive; you only have 30 days from the day you receive the written removal order from the ID. ⌚ You must submit this document along with a copy of the removal order directly to the IAD registry in your region.
Step 3: Reviewing the Appeal Record
After your appeal is filed, the Minister’s Counsel (representing CBSA) will prepare and send you an Appeal Record. This binder contains all the evidence and transcripts from your original ID hearing. 📄 Your lawyer will review this record meticulously to spot any factual errors or to prepare arguments for why you deserve a second chance in Canada.
Step 4: Attending the IAD Hearing
Eventually, you will be scheduled for a full hearing before an IAD member. During this hearing, you can present new witnesses, testify about your rehabilitation, and show the hardship your family would face if you were deported. 👥 The IAD member will then decide whether to cancel the removal order, pause (stay) the order with conditions, or dismiss your appeal entirely.
How Much Does an IAD Appeal Cost in Canada?
While the Canadian government does not charge a filing fee to submit a removal order appeal to the IAD, the legal representation is a significant investment. Fighting a deportation order requires extensive preparation.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| IAD Filing Fee | $0 (No government fee) |
| Law Firm Retainer (Preparation & Hearing) | $4,000 – $10,000+ |
| Expert Reports (Psychological/Medical) | $1,000 – $3,000+ |
| Document Translation | $100 – $600+ |
How Long Does the Process Take?
The wait times at the Immigration Appeal Division can test your patience. Currently, it generally takes between 12 and 24 months for an appeal hearing to be scheduled in major centres like Toronto or Vancouver. 📅 Fortunately, your removal order is automatically paused (stayed) while your IAD appeal is legally pending.
Frequently Asked Questions (FAQ)
What counts as “serious criminality” blocking an IAD appeal?
Under Canadian immigration law, serious criminality includes any conviction in Canada for which you were sentenced to a term of imprisonment of 6 months or more. If this happens, you lose your right to appeal to the IAD.
Can temporary workers or students appeal to the IAD?
Generally, no. Foreign nationals on temporary visas (like study or work permits) do not have the right to appeal an ID removal order to the Immigration Appeal Division. They usually must apply for Judicial Review at the Federal Court.
Will I be detained while waiting for my IAD hearing?
Usually, you will not be detained just for waiting on an appeal. However, if CBSA believes you are a flight risk or a danger to the public, they can hold a detention review to keep you in custody.
What does it mean if the IAD “stays” my removal order?
If the IAD stays your removal, they put the deportation on hold for a specific period (usually 1 to 3 years) with strict conditions, like keeping the peace or attending counselling. If you obey the rules, the order is eventually cancelled.
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