Removal Orders in Canada: Your Rights and Options to Appeal or Stay

A removal order can feel like the ground dropping out from under you. One day you are building your life in Canada — working, raising your family, putting down roots — and the next you are facing a government document that says you must leave. If you have received a removal order Canada appeal rights may still be available to you, and acting quickly is the most important thing you can do right now.

This guide explains what removal orders are, how they are issued, who can challenge them, and what realistic options exist at each stage. Immigration is federal law, so the rules apply whether you are in Ontario, another province, or at the border.

Please read the deadlines section carefully. Every deadline mentioned in this article should be confirmed immediately with a lawyer or directly with IRCC, CBSA, or the Federal Court — deadlines are strict, some are measured in days, and they change.

The three types of removal orders — and why the difference matters

Not all removal orders are the same. Canada uses three distinct types under the Immigration and Refugee Protection Act (IRPA), and each carries different consequences for your ability to return.

Departure order

A departure order is the least severe. You are required to leave Canada within a set timeframe (confirm the exact window with CBSA or a lawyer — as of writing it is typically thirty days, but this can change). If you leave on time and confirm your departure with a CBSA officer at the port of exit, the departure order does not automatically bar you from coming back. You may be eligible to apply for a new visa or permit through regular channels.

If you do not leave within the required window, a departure order automatically becomes a deportation order — the most serious type. This is a critical distinction.

Exclusion order

An exclusion order bars you from returning to Canada for a period of time after you leave — as of writing, generally one year, or five years if the order was for misrepresentation. Confirm the exact period with a lawyer because the bar period and any exceptions depend on the circumstances of your case. You may be able to apply for an Authorization to Return to Canada (ARC) before the bar period ends, but approval is not guaranteed.

Deportation order

A deportation order is the most serious type. It permanently bars you from returning to Canada without obtaining written authorization from the government. A deportation order can result from a serious inadmissibility finding, from failing to comply with a departure order, or from certain criminal matters. The bar is indefinite — there is no automatic expiry.

Understanding which order you have received is step one, because your appeal rights and your options depend on it.

How removal orders are issued

Removal orders can be issued in several ways:

• At the border or port of entry — a Canada Border Services Agency (CBSA) officer may issue a departure or exclusion order if you are found inadmissible when you arrive. This can happen on the same day as your attempted entry.
• After an Immigration Division (ID) hearing — the Immigration Division of the Immigration and Refugee Board (IRB) holds hearings where an adjudicator determines admissibility. If found inadmissible, a removal order is issued.
• After an Immigration, Refugees and Citizenship Canada (IRCC) decision — for example, if a refugee claim is rejected by the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD), removal can follow.
• After a criminal inadmissibility finding — a serious criminal conviction inside or outside Canada can trigger inadmissibility proceedings and ultimately a removal order.

Who has a right of appeal to the Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD) is an independent tribunal of the IRB that hears appeals of removal orders and certain sponsorship refusals. Having a right of appeal is not guaranteed — it depends on your immigration status and the nature of your case.

The following generally have a right of appeal to the IAD:

• Permanent residents who receive a removal order
• Protected persons (those granted asylum or refugee protection)
• Convention refugees who are outside Canada and facing a removal order
• Certain foreign nationals who are family members being sponsored

Important limitation — serious criminality: If you are a permanent resident who has been found inadmissible on grounds of serious criminality (generally a conviction resulting in a sentence of six months or more, though you must confirm the exact threshold with a lawyer as it is defined by statute and interpretation), your right of appeal to the IAD may be stripped entirely. This is one of the most significant restrictions in Canadian immigration law, and it catches many permanent residents by surprise.

How to appeal a removal order at the IAD — step by step

1. Receive the removal order. Make note of the date it was served. The appeal deadline runs from this date.
2. File a notice of appeal with the IAD within the deadline. As of writing, the deadline is typically thirty days from the date the removal order is made — but confirm this immediately because it is strict and measured in calendar days.
3. Receive a disclosure package. The government will provide the materials it relied on to issue the order.
4. File your appeal record. You set out your arguments, evidence, and any humanitarian and compassionate (H&C) grounds.
5. Attend a hearing. The IAD will hear from both sides. You can call witnesses and present evidence.
6. Receive the IAD's decision. The IAD can allow the appeal, dismiss it, or grant a "stay" — a supervised period to address the issues before a final decision.

What is a stay of removal — and how do you get one?

A stay of removal means the execution of your removal order is put on hold. It does not cancel the order, but it gives you more time in Canada while your case proceeds.

There are two main ways to obtain a stay:

Stay granted by the IAD

If you have an IAD appeal, the IAD itself may grant a stay as part of its decision. Instead of dismissing your appeal outright, the IAD may set conditions — for example, no further criminal charges, regular reporting — and review your compliance after a period of time. This is sometimes called a "stayed removal order."

Urgent stay motion in Federal Court

If your removal is imminent — meaning CBSA has issued a removal date — and you do not have an IAD appeal (or your IAD appeal was dismissed), you may bring an urgent motion to stay in the Federal Court of Canada. This is separate from a full judicial review and must typically be filed and decided within days. The test for a stay in Federal Court is demanding: you must show a serious issue to be tried, that you would suffer irreparable harm if removed, and that the balance of convenience favours a stay.

Do not wait until the day before your removal date to contact a lawyer about a stay motion — these are emergency proceedings and require immediate action.

What if you have no IAD appeal right? Federal Court judicial review

If the IAD has no jurisdiction over your case — or if you have exhausted your IAD appeal — the next avenue is judicial review in the Federal Court of Canada. This is not a re-hearing of the facts. The Federal Court reviews whether the decision-maker made a legal error, exceeded their jurisdiction, or acted unreasonably.

To bring a judicial review, you must apply for leave (permission) from the Federal Court within the applicable deadline after the decision — confirm this deadline immediately with a lawyer, as it is counted in calendar days from the decision and is strictly enforced. Leave is not automatically granted; the Court must agree there is an arguable case.

If leave is granted, the Court will schedule a hearing and issue a decision. If successful, the matter is typically sent back to the original decision-maker for reconsideration — not decided by the Court itself.

Pre-Removal Risk Assessment (PRRA) — a last resort

If all appeals are exhausted and your removal date is approaching, you may be eligible to apply for a Pre-Removal Risk Assessment (PRRA). A PRRA allows you to ask the government to assess whether removing you to your home country would expose you to risks such as persecution, torture, or cruel and unusual treatment or punishment.

Key points about the PRRA:

• You must generally be notified of your eligibility and given an opportunity to file, but the window to file is short — confirm it with CBSA or a lawyer immediately.
• A PRRA is not available to everyone; certain people are ineligible, including those whose refugee claims were rejected by the RPD or RAD within a certain period of the PRRA application.
• Acceptance rates for PRRAs are historically low. It is a last resort, not a primary strategy.
• Filing a PRRA may in some circumstances trigger an automatic stay of removal while the assessment is underway — confirm with a lawyer whether this applies in your situation.

Frequently asked questions