Step 4: Receiving and acting on a decision

If you do not receive a decision at your hearing, you can expect to receive a decision with written reasons within approximately 60 days after the hearing.

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 Immigration, Refugees and Citizenship Canada (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 Immigration Appeal Division (IAD) will reconsider your appeal at a later date as indicated in your decision. The IAD may change the conditions or cancel the stay at any time. If the IAD cancels the stay, it will then decide to either allow or dismiss your appeal.

It is important to respect all the conditions in your stay decision. If you do not, your stay can be cancelled and your appeal may be dismissed.

You must notify both the IAD and Canada Border Services Agency (CBSA) if your contact information changes while your removal is stayed. This is one of the conditions of your stay.

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.

Appealing to the Federal Court

Either you or Minister's Counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IAD decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.