Removal Order Appeals
Who can appeal to the Immigration Appeal Division?
IRPA allows certain persons to appeal removal orders made by CBSA officers or by members of the IRBs Immigration Division. The following persons can appeal to the IRBs Immigration Appeal Division:
1. Permanent residents — persons who have acquired permanent resident status in Canada and have not lost that status.
2. Permanent resident visa holders — foreign nationals who hold permanent resident visas and are denied entry upon first arriving in Canada.
3. Protected persons — persons who are found to be in need of Canadas protection.
Normally persons will not be removed from Canada until their appeal has been decided. If they have been removed from Canada, they may be permitted to return to attend their appeal hearing.
Loss of right of appeal
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.
Reasons for an appeal
Persons who have been issued a removal order may appeal it if they believe that any of the following circumstances applies:
The CBSA, on behalf of the Minister of Public Safety, may appeal a decision of the Immigration Division only on the basis that the decision was wrong in law, fact or both law and fact, or if there was a failure to observe a principle of natural justice.
Results of an appeal
The Immigration Appeal Division can take one of three actions following an appeal hearing:
Long press the screen to identify the QR code
Open the phone to scan QR code
