Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

What happens if someone appeals his or her removal order to the Immigration Appeal Division?

April 26, 2017appeal appeals division happens Immigration Removal

0

Posted

What happens if someone appeals his or her removal order to the Immigration Appeal Division?

1 Answer

0

Posted

• If the appeal is allowed, the removal order is set aside and the person is permitted to remain in Canada. If the appeal is dismissed, the removal order is upheld and the Canada Border Services Agency (CBSA) then has the power to remove the person from Canada. • The Immigration Appeal Division (IAD) may stay the removal order under certain conditions. This means that the removal order will not be acted on for a period of time. At any time after a stay is ordered, the IAD may change the conditions, cancel the stay or change its duration. If the IAD cancels the stay, it will then allow or dismiss the appeal. • Under the Immigration and Refugee Protection Act (IRPA), a stay of a removal order based on criminality will be automatically lifted if the person concerned re-offends or breaks the conditions of the stay. The CBSA may then issue a deportation order to remove the person from Canada without the case returning to the IAD.