Step 1: How to start a removal order appeal

If you 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 able to stay in Canada. This is known as a removal order appeal (subsections 63(2) and 63(3) of the IRPA).

Who can appeal

In order to make a removal order appeal, you must have received a removal order and you are:

  • A permanent resident of Canada
  • A foreign national with a permanent resident visa, or
  • A Convention Refugee or Protected Person

Who cannot appeal

You cannot appeal to the IAD if you have been found inadmissible to Canada due to any of the following reasons:

  • Serious criminality, which is defined as having:

    • been punished in Canada by a sentence of six months or more of imprisonment, or
    • been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
    • committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
  • Organized crime
  • Security grounds
  • Violations of human or international rights

How to start an appeal

You have 30 days after receiving the removal order to appeal to the IAD.

To file a removal order appeal, you must submit to the IAD:

Public proceedings

Immigration appeals are usually open to the public. This means that information used in your appeal is treated as public information and may appear in your decision. Your decision may also be published on the Internet. The public and the media will be given a copy of the documents in your appeal upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply.