The IRB is Canada’s largest independent administrative tribunal, responsible for making decisions on immigration and refugee matters. To appeal a removal order, you must file a Notice of Appeal within a specified time frame, usually 30 days after receiving the removal order. The appeal process may involve presenting new evidence, arguing that an error was made in the original decision, or demonstrating humanitarian and compassionate reasons for allowing the appeal.
There are different types of removal orders, and the appeal process may vary depending on the type of order and the reasons for it. For example, if a removal order was issued based on a criminal conviction in Canada, you may be able to appeal if you can show that there are enough humanitarian and compassionate reasons to allow your appeal or to put your removal order on hold, which is called a stay. If a removal order was issued based on a failure to meet residency obligations, you may be able to appeal if you can prove that you were physically present in Canada for at least 730 days during the 5-year period prior to your application, or if you can show that there are humanitarian and compassionate reasons for your appeal.
If the appeal is successful, the removal order may be set aside, stayed (put on hold), or canceled. If the appeal is unsuccessful, the removal order remains in effect, and the individual may be removed from the country.
It is essential to consult with an experienced immigration law practitioner to understand the specific requirements and procedures for appealing a removal order in Canada.
Citations:
[2] https://www.irb-cisr.gc.ca/
[3] https://www.canada.ca/content/dam/irb-cisr/documents/notice-sponsorship-appeal-english.pdf
[4] https://laws.justice.gc.ca/eng/regulations/SOR-2022-277/page-1.html
[5] https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html
