Removal order appeals and hearings in Toronto
Many removal orders can be appealed to the Immigration Appeal Division within 30 days. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents people at admissibility hearings and at the IAD.
Free assessment
Tell us the type of order, who issued it and the date you received it. We reply with whether an appeal is still open.
Each removal order, in days and years
The limits below come from the Immigration and Refugee Protection Regulations (IRPR) and the Immigration Appeal Division Rules, 2022.
| Order or step | Time limit | Rule |
|---|---|---|
| Notice of appeal against a removal order | 30 daysfrom the day you receive the order | IAD Rules, 2022, Rule 16(b) |
| Departure order | 30 daysto leave and confirm departure once it is enforceable; otherwise it becomes a deportation order | IRPR s.224(2) |
| Exclusion order | 1 yearwritten authorization needed to return after it is enforced | IRPR s.225(1) |
| Exclusion order for misrepresentation | 5 yearswritten authorization needed to return | IRPR s.225(3) · IRPA s.40(2)(a) |
| Deportation order | No endwritten authorization needed to return at any time | IRPR s.226(1) |
Who appears with you at the hearing
“In February 2011 I found myself in an immigration predicament. I contacted Angelina's office and was incredibly impressed with her willingness to not only give me advice but pursue my case in the Immigration Appeals Division in what was a very time sensitive manner. Her guidance made the whole process more efficient and less stressful than it would have otherwise been.”
Does your order carry a right of appeal?
Your status and the ground of inadmissibility decide it.
Appeal to the IAD
IRPA s.63(2)–(3)- Permanent residents
- Protected persons
- Foreign nationals holding a permanent resident visa
No IAD appeal
IRPA s.64(1)–(2)- Security, rights violations, sanctions or organized criminality
- A crime punished in Canada by six months’ imprisonment or more
- Visitors, workers and students without that visa
An appealable order is not in force until the appeal period ends or a final decision confirms it.
Where no appeal exists, a pre-removal risk assessment or a Federal Court motion is outside a paralegal’s representation. Our legal team assists with the full range of your matter, including applications filed with IRCC.
From the officer’s report to the IAD hearing
IRPA ss.44–45 and the IAD Rules, 2022.
- 1Section 44 reportThe Minister’s delegate issues the order or refers the report to the Immigration Division.
- 2Admissibility hearingThe Division makes the order; the notice of appeal can be handed in right there (Rule 14).
- 3Notice and recordNotice within 30 days; the record follows within 30 days (Rule 22(b)).
- 4Evidence, then the hearingYour documents are due 60 days after the record arrives (Rule 26).
Three decisions the IAD can make
IRPA section 66 allows exactly three outcomes.
Allow
Set aside for an error of law or fact, a breach of natural justice, or humanitarian grounds that include a child’s best interests.
Stay
On hold under conditions the IAD sets. For criminality, a new conviction cancels the stay by law.
Dismiss
The order stands and comes into force under s.49(1).
Four papers that answer the first questions
- The removal order and the s.44 reportThey name the order type and the ground of inadmissibility.
- Proof of when you received itThe 30-day appeal limit counts from that date.
- Your status documentPR card or protected-person decision: it decides the appeal right.
- Court records of any convictionThe sentence shows whether s.64 removes the appeal.
Questions about removal orders
Get a free assessmentCan a paralegal act for me against a removal order?
At the Immigration Division and the IAD, yes. LSO By-Law 4 permits licensed paralegals to appear at tribunals created by federal law, and both belong to the IRB.
Does filing an appeal stop the removal?
Under IRPA s.49(1), an appealable order waits until the appeal period ends unused, or a final decision confirms it.
What happens if I miss the 30-day departure limit?
IRPR s.224(2) turns the departure order into a deportation order, and s.226(1) then requires written authorization to return to Canada at any time.
Can the 30-day appeal limit be extended?
Rule 4 of the IAD Rules, 2022 lets the Division extend a time limit before or after it expires. Each request is weighed on its own circumstances.
General information about removal orders under Canadian immigration law, not legal advice. Reading this page creates no paralegal-client relationship.
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