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.

30 daysto file under IAD Rule 16(b)ID & IADhearings a paralegal may attendEN / RUmeetings in English or Russian

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 stepTime limitRule
Notice of appeal against a removal order30 daysfrom the day you receive the orderIAD Rules, 2022, Rule 16(b)
Departure order30 daysto leave and confirm departure once it is enforceable; otherwise it becomes a deportation orderIRPR s.224(2)
Exclusion order1 yearwritten authorization needed to return after it is enforcedIRPR s.225(1)
Exclusion order for misrepresentation5 yearswritten authorization needed to returnIRPR s.225(3) · IRPA s.40(2)(a)
Deportation orderNo endwritten authorization needed to return at any timeIRPR s.226(1)

Who appears with you at the hearing

Woman with glasses and shoulder-length grey-blonde hair, wearing a black top, arms folded on a white table
Angelina ShusterParalegal licensed by the LSO
Over 25 yearsOn immigration and criminal files.
Same person throughoutWho reads your order attends the hearing.
Two languagesEnglish or Russian.
Richmond HillSuite 205, 10211 Yonge Street.
“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.”
Evgeni · client

Does your order carry a right of appeal?

Your status and the ground of inadmissibility decide it.

Brass scales, a gavel and a stack of leather-bound books on a wooden desk, a pen resting on an open document

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
s.49(1)

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.

  1. 1Section 44 reportThe Minister’s delegate issues the order or refers the report to the Immigration Division.
  2. 2Admissibility hearingThe Division makes the order; the notice of appeal can be handed in right there (Rule 14).
  3. 3Notice and recordNotice within 30 days; the record follows within 30 days (Rule 22(b)).
  4. 4Evidence, then the hearingYour documents are due 60 days after the record arrives (Rule 26).
Man in a suit pointing a pen at a document while a man in a blue shirt signs and a woman beside him watches, books and a gavel on the table

Three decisions the IAD can make

IRPA section 66 allows exactly three outcomes.

Bronze statue of Lady Justice on a desk between two closed books, a gavel and an open book, bookshelves and a leather sofa behind
IRPA s.67

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.

IRPA s.68

Stay

On hold under conditions the IAD sets. For criminality, a new conviction cancels the stay by law.

IRPA s.69

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

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Can 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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