Can a permanent resident appeal a removal order?

In many circumstances, a permanent resident who receives a removal order has the right to appeal to the IAD of the IRB. The appeal must be filed within the deadline set by federal law — generally a short period from when the removal order is made. This is an important deadline that cannot be missed. Immigration is federal, and the IAD is the tribunal with jurisdiction, not Ontario courts.

The IAD can not only decide whether the removal order was validly made but can also consider humanitarian and compassionate factors — how long you have lived in Canada, your family ties, your establishment in the community, the best interests of any children, and the hardship of removal. If the IAD grants the appeal, it may allow you to stay, sometimes on terms and conditions. If it dismisses the appeal, a further challenge to the Federal Court is possible but requires leave and faces a higher legal bar.

However, the right to appeal to the IAD is not absolute. If you have been convicted of a serious criminal offence, you may lose the right to an IAD appeal and face direct removal. This is a complex area of law where the consequences — permanent loss of PR status and removal from Canada — are severe. If you are a permanent resident facing a removal order, retaining a lawyer as quickly as possible is critical to preserving your options.