The IAD Removal Order Appeal Process

If you have been ordered removed from Canada, you have the freedom to apply for the Removal Order Appeal Process.

Appeal Process:

  • If the person has been ordered removed from Canada, he may file the appeal within a span of 30 days of the issuance of removal with IRB.
  • IAD member (judge or the person who takes decision) considers the appeal. The applicant may face three options after the appeal is registered.
      If the appeal is allowed, the applicant may remain in Canada.
      The appeal is kept under “STAY.” In this case, your appeal is reconsidered by the IAD member again.
      Appeal is denied

Regulations:

  • Applicants planning to appeal in the IAD must do so within 30 days the issuance of the ‘removal order.’
  • A Member (informal judge) would hear your appeal and will allow or disapprove the appeal on the basis of evidence produced in the court.
  • Not everyone is eligible to appeal for it. For instance, if you can be sentenced a removal order on the basis of your criminal activities, or you are considered as a threat to the country, you cannot apply for a “Removal Order Appeal.”
  • If the appeal is allowed, the applicant may remain in Canada, but in the case of “Appeal Dismissal,” the Canada Border Services Agency holds the power to remove you from the country.
  • Instead of dismissing or allowing the appeal, IAD may keep it on a hold, a term called “STAY the Removal Order.” It means the member will allot you a time of hearing, as during the tenure, the applicant may require to report to the CBSA office on a regular basis.

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