Removal Order Appeal Lawyer Canada

Types of removal orders

Departure Order

Requires you to leave Canada within 30 days and confirm your exit with CBSA. If you comply, you may return later. Failure to confirm departure converts it into a Deportation Order.

Exclusion Order

Requires you to leave Canada and stay out for one year (or five years if issued for misrepresentation). You’ll need an Authorization to Return to Canada (ARC) to come back earlier.

Deportation Order

Requires immediate departure and imposes a permanent ban on re-entry. To return, you must first obtain an ARC.

In many cases, filing a removal order appeal suspends enforcement until the IAD issues a final decision.

Will CBSA Remove Me While My Removal Order Appeal Is Ongoing?

In most cases, filing a removal order appeal suspends enforcement of the removal order until the Immigration Appeal Division (IAD) makes a final decision. This means the Canada Border Services Agency (CBSA) generally cannot remove you from Canada while your appeal is active.

However, there are important exceptions. Individuals found inadmissible for serious criminality, security concerns, or organized crime may not benefit from an automatic stay of removal. Errors in filing or missing deadlines can also affect whether enforcement is paused.

Because enforcement issues can arise quickly, it is essential that appeals are filed correctly and on time. Legal guidance helps ensure your appeal triggers the appropriate suspension of removal and protects your ability to remain in Canada during the process.

What happens in a removal order appeal?

The IAD appeal process generally includes:

1. Notice of Appeal — must be filed within 30 days of receiving the removal order.

2. Disclosure of Evidence — both sides exchange documents and witness information.

3. Hearing — you testify, present evidence, and your lawyer argues your case before a member of the IAD.

4. Decision — the IAD may allow, dismiss, or stay your removal order.

If your appeal is allowed, the removal order is cancelled. If it’s stayed, you may remain in Canada under specific conditions. If it’s dismissed, you can seek judicial review at the Federal Court.

What Happens If You Miss the 30-Day Removal Order Appeal Deadline?

If you do not file a Notice of Appeal within 30 days of receiving your removal order, you generally lose your automatic right to appeal to the Immigration Appeal Division (IAD). However, missing the deadline does not always mean there are no options left.

Depending on your circumstances, alternative legal remedies may still be available, including:

• Judicial review at the Federal Court, if a legal or procedural error occurred

• Pre-Removal Risk Assessment (PRRA), if you face risk upon return

• Humanitarian and Compassionate (H&C) applications, in limited cases

• Requests for a stay of removal, where enforcement is imminent

Each option has strict requirements and timelines. Acting quickly is critical, as delays can limit or eliminate available remedies. Speaking with an immigration appeal lawyer as soon as possible helps preserve your rights and identify the most effective strategy for your situation.

What Evidence Matters Most in a Removal Order Appeal?

The Immigration Appeal Division (IAD) does not simply review paperwork — it weighs fairness, hardship, credibility, and humanitarian considerations. Successful removal order appeals are built on evidence that clearly explains who you are, how you are established in Canada, and what the real consequences of removal would be. Key categories of evidence often include:

Family Ties and Establishment in Canada

The IAD closely examines your connections to Canada, including the length of time you have lived here, your family relationships, employment history, community involvement, and overall stability. Strong establishment evidence helps demonstrate why removal would cause significant disruption and hardship.

Best Interests of Any Children Affected

If children would be impacted by your removal — especially Canadian citizen or permanent resident children — the IAD must consider their best interests. This may include emotional, educational, medical, and financial factors, as well as the child’s dependence on you.

Rehabilitation and Risk of Reoffending (If Criminality Is an Issue)

In cases involving criminal inadmissibility, the IAD looks beyond past mistakes. Evidence of rehabilitation — such as completion of sentences, counselling, stable employment, and positive community conduct — is critical to showing that removal is no longer justified.

Humanitarian and Compassionate (H&C) Factors

The IAD has discretion to allow an appeal on humanitarian and compassionate grounds, even where strict legal requirements are not met. Evidence may include hardship upon removal, lack of ties to the country of return, medical concerns, or compassionate family circumstances.

Credibility and Consistency

Your testimony, documents, and witness evidence must align. Inconsistencies can undermine even strong cases. Clear, well-organized evidence helps decision-makers understand your story and assess credibility fairly.

Because removal order appeals are discretionary and fact-driven, how evidence is presented often matters as much as what evidence is submitted. Strategic preparation can make the difference between a dismissal and being allowed to remain in Canada.

Conditions of a Stayed Removal Order — Why an Immigration Lawyer Near You Matters

In some cases, the Immigration Appeal Division (IAD) may stay a removal order rather than cancel it. A stay allows you to remain in Canada under specific conditions for a set period, but strict compliance is required. Common conditions may include:

• Reporting regularly to the Canada Border Services Agency (CBSA)

• Maintaining stable residence, employment, or community ties

• Avoiding further criminal or immigration violations

• Informing CBSA of any change in address or circumstances

If these conditions are breached, the stay can be cancelled and the removal order reinstated. Working with an immigration lawyer near you — or one who regularly represents clients in your region — helps ensure conditions are understood, deadlines are met, and issues with CBSA are addressed promptly. If conditions are successfully met, the IAD may later cancel the removal order entirely.