In any circumstances, if any PR holder received an order from the immigration division or the Canada border service agency the individual has to submit an appeal to the immigration appeal division (IAD) of the IRB.
Removal order appeal hearings take place at the immigration and refugee board (IRB). The IRB of which the immigration appeal division is a part of an autonomous tribunal and is not a part of IRCC or of the CBSA. IRB is headed by an IAD member who makes a decision whether the removal order is legally valid if so, is there a sufficient humanitarian and compassionate ground to permit.
The file can be submitted within 30 days after receiving the removal order.
An individual may not appeal a removal order if found inadmissible to Canada due to :
- involvement of organized crime
- security grounds
- violation of international or human rights
- a serious criminal offense punishable in Canada with imprisonment of at least 6 months
In order to decide an outcome, the IAD may allow or dismiss the appeal or may impose a stay of removal for some time.
In case the removal order is overruled then the individual has the right to stay in Canada only whereas in case if the appeal is dismissed the removal order will be upheld and one has to leave Canada. Furthermore, sometimes the order for removal may be kept in stay as thereby the person can stay in Canada temporarily with certain conditions implied until the time set by the member hearing the appeal. Conditions may include reporting regularly to a CBSA office and abstaining from criminality, and possible counseling or rehabilitative program attendance, among other things. The IAD may change its orders or conditions at any time.
A negative decision at an IAD hearing will lead to loss of PR status or removal. This decision is final unless an application for leave and judicial review at the federal court is won.