Removal Order Appeal Lawyer Brampton
If you have received a removal order from Canadian immigration authorities, an experienced Removal Order Appeal Lawyer Brampton can help protect your right to remain in Canada. At Batra Law Offices, we assist permanent residents, protected persons, and eligible foreign nationals with Removal Order Appeals before the Immigration Appeal Division (IAD). Our Removal Order Appeal Lawyer Ontario provides strategic legal representation in cases involving Admissibility Hearings, residency issues, criminal inadmissibility matters, and humanitarian and compassionate considerations.
Who Can Appeal
- Permanent Residents of Canada: individuals holding permanent resident status.
- Foreign Nationals with Permanent Resident Visa: those possessing a visa for permanent residency.
- Convention Refugees or Protected Persons: individuals granted refugee status or recognized as protected persons.
Who Cannot Appeal
The above individuals cannot appeal if they were found inadmissible to Canada for any of the following reasons:
- Convicted of Crimes in Canada: sentenced to six months or more in a Canadian prison for a crime.
- Convicted of Crimes Outside Canada: convicted of a crime outside Canada punishable by a maximum prison term of ten years or more here.
- Involvement in Organized Crime: activities such as human smuggling or money laundering.
- Security Threats: involvement in attempts to overthrow governments or terrorist activities.
- Violation of Human or International Rights: found guilty of violations such as committing war crimes.
See our Criminal Inadmissibility page for more on how criminal history can affect your status.
How to Appeal
- Within 30 days of receiving the removal order, you must submit an appeal to the IAD.
- Appeals are open to permanent residents or individuals with a permanent resident visa, including refugees and eligible foreign nationals.
- Upon submission, you’ll receive a receipt acknowledging the appeal request along with information about your upcoming appearance.
- A member of the IAD reviews the appeal and decides whether the removal order stands or is revoked.
Grounds for Denial
The IAD may deny the appeal if you’re found to be involved in organized crime, pose security risks, have violated human or international rights, or were imprisoned for six months or more after committing a serious offence in Canada.
Success in Appeals
Legal representation is crucial during the appeal process, since the Board Member may consider Humanitarian and Compassionate factors alongside the standard criteria. Proper representation ensures your circumstances are effectively presented and fully considered by the decision-maker.
Deferral of Appeal
Appeals may result in a temporary Stay/Deferral of Removal Orders instead of an immediate approval or denial. During the stay period, you retain your status as a permanent resident and aren’t required to leave. The stay typically has a set timeframe, during which you must demonstrate compliance with Canadian regulations.
After the Appeal
- Appeals involve you (the Appellant) and the Minister’s Counsel, and are conducted publicly.
- If the appeal is successful, you are not compelled to leave Canada.
- If the appeal is denied, you will be removed from the country by the Canada Border Services Agency (CBSA).
Why Choose Batra Law Offices for Your Removal Order Appeal
A removal order puts your ability to stay in Canada directly at risk, and the appeal hearing weighs detailed personal, family, and humanitarian factors that need to be presented carefully. Our Brampton removal order appeal team prepares your appeal, builds the strongest possible case around your circumstances, and represents you at the IAD hearing. We also regularly assist clients whose cases touch on a related Residency Obligation Appeal, so your case is handled as one coordinated strategy.
FAQs
What will happen if my Removal Order Appeal is won?
Typically, winning an appeal against a removal order allows a permanent resident to maintain their status in Canada. This can occur through a Stay Order or if the Board Member decides to revoke the removal order altogether.
My Removal Order has been stayed, how long the duration of the stay will be?
If a Board Member grants a stay on your removal order, it pauses the process and may include conditions set by the Immigration Division. The Board Member holds the power to revoke the removal order if deemed necessary.
I am outside of Canada can I Appeal a Removal Order?
Typically, individuals appealing removal orders are those who are currently residing within Canada. This process usually involves individuals contesting or challenging the decision to remove them from the country. However, if you’re outside of Canada, the jurisdiction for appealing removal orders may not apply to you. This means that if you’re not physically present within Canada, you may not have the grounds or legal basis to appeal a removal order.
If I obtained permanent residency in Canada under the skilled worker category but did not update my marital status, what consequences could I face?
Failure to update your marital status may be considered misrepresentation, leading to potential inadmissibility and the issuance of a removal order.
What are the potential consequences of failing to disclose changes in marital status to immigration authorities in Canada?
Misrepresentation, potential finding of inadmissibility, and the issuance of a removal order.
Is it possible to file an appeal against a removal order issued by the Immigration Division?
Depending on the circumstances, it may be possible to file an appeal to the Immigration Appeal Division within the specified timeframe.
How can one request a deferral if facing a removal order and needs additional time?
Submit a Request for Deferral to the Canada Border Services Agency (CBSA), explaining your circumstances and providing supporting documentation.
If facing physical restrictions that prevent travel, what options are available to stay in Canada?
Options include a request for deferral, applying for permanent residency on humanitarian and compassionate grounds, and undergoing a pre-removal risk assessment.
What is the purpose of the Request for Deferral in the context of a removal order?
It provides a temporary reprieve from removal, allowing time to prepare for an appeal or explore other options.
What grounds does the Immigration Appeal Division consider during an appeal of a removal order?
Factors include family ties, length of residence, establishment in Canada, the best interests of children, community support, public safety, rehabilitation, and hardship, that the appellant or their family would face if the appeal is dismissed.
How can an individual demonstrate eligibility for permanent residency on humanitarian and compassionate grounds?
By presenting evidence of exceptional circumstances justifying the need to stay in Canada, taking into consideration factors such as health conditions and the well-being of the individual.
Book a Consultation With a Brampton Removal Order Appeal Lawyer
If you’ve received a removal order, don’t wait to get advice — you only have 30 days to appeal. Contact Batra Law Offices today to book a consultation. Call us at +1 905-533-0183 or WhatsApp us to get started.
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