After being issued a removal order permanent residents, protected persons, and foreign nationals holding a permanent resident visa have a right to appeal that decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) by virtue of s.63 of the Immigration and Refugees Protection Act (IRPA), except where they have been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality. Foreign Nationals, however, may only apply for Judicial Review at the Federal Court.

 

If a person decides to appeal the decision, they must submit a Notice to Appeal to the IAD within 30 days of receiving said decision which will initiate the appeal process. The appellant will then be required to go through a few steps before a hearing, such as receiving and reviewing the Appeal Record which contains the documents used in rendering the removal order. The IAD will then provide a Notice to Appear to counsel of record (if represented), or the person concerned which will outline the date and time of the hearing. Requested documents and information about witnesses must be provided to the IAD within the prescribed timelines. Failure to respond to request for information or failure to show up for a hearing may result in an abandonment of the appeal.

 

After the hearing, the Member may allow, dismiss, or stay the appeal. To allow an appeal, the Member must be satisfied that: the decision was wrong in law, fact, or mixed law and fact; the principle of natural justice was not observed; or the decision was valid but warrants special relief on humanitarian and compassionate grounds. If allowed, the removal order will be set aside. If dismissed, the removal order will stand, and the person may be required to leave Canada.

 

Where the appeal is nether allowed nor dismissed, the removal order will be stayed. In such situation, the person may be permitted to remain in Canada temporarily if the Member is satisfied that humanitarian and compassionate considerations exist to warrant relief. The IAD may impose conditions with the stay, and may vary or cancel the stay on its own initiative or on application. The Division may also at any time reconsider the appeal.