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HOW TO APPEAL A DEPORTATION OR REMOVAL ORDER

2011-08-26

Introduction

The Canada Border and Services Agency (CBSA) may remove from Canada any person who has breached the Immigration and Refugee Protection Act (Canada) (the “Act”). There are three types of removal orders and each has different consequences. These include a Departure Order, an Exclusion Order, and a Deportation Order.

 All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

 

The Removal Procedure

If a removal order is issued and the individual files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for refugee protection is accepted, the removal order will be cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

 

In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

 

Who Is Not Eligible For an Appeal

Individuals cannot appeal if they have been found inadmissible because they:

 

  • are a security threat;
  • have violated human or international rights;
  • have received a sentence of at least two years for criminal activity;
  • are or have been involved in organized crime; or
  • have made a misrepresentation, except in cases where the person is the sponsor's spouse, common-law partner or child.

 

Launching an Appeal

An individual who was issued a removal order may launch an appeal to the Immigration Appeal Division (IAD).

 Under section 63(2) and 63(3) of the Act a person has a right to appeal a removal order at either an admissibility hearing or examination.

 The IAD may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice.

 In general, the IAD takes about 10 months to decide an immigration appeal.

 Although it is not required that a person be represented by a lawyer, it is highly recommended, due to the complexity of the appeal process.

 

Seeking the Advice of a Professional

If you have decided it is time to seek the advice of a professional ensure to email us your contact information and one of our lawyers will contact you promptly.

 

Disclaimer

Nothing on this website constitutes legal advice. If you face a legal issue, you should take specific legal advice from a lawyer before taking any action. Three60Legal takes every reasonable step to ensure the accuracy of the information on this website. However, Three60Legal accepts no liability for any loss or damage arising in any way from the use of this site.

 

Three60Legal

Three60 Legal is comprised of both Canadian lawyers and US attorneys providing legal services in all areas of the law including, business law, immigration law, employment law, family law, personal injury law, human rights law, criminal law, international law, labour law, tax law, real estate law, property law, divorce law, alternative dispute resolution, commercial litigation, franchise law, entertainment law, sports law, insurance law, copyright law, trademarks, patent law and wills and estates law.  Law offices are located in Toronto, Mississauga, Brampton, North York and Markham.

 

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