Under the Immigration and Refugee Protection Act (IRPA), there are three types of Removal Orders issued by Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC):

• Departure Order (IMM 5238) – Requires an individual to leave Canada within 30 days and confirm their departure with CBSA. If they fail to comply, the order automatically escalates to a Deportation Order.
• Exclusion Order (IMM 1214B) – Bars the individual from returning to Canada for one year (or five years if issued for misrepresentation).
• Deportation Order (IMM 5238B) – Permanently bans the individual from returning to Canada unless they obtain an Authorization to Return to Canada (ARC).

Once a Removal Order is enforceable, an individual must leave Canada immediately, or they may be detained, and a Canada-wide immigration arrest warrant may be issued against them.

Under section 63 of the IRPA, certain individuals have the right to appeal their removal orders to the Immigration Appeal Division (IAD):

•  Permanent residents of Canada.
•  Foreign nationals with a sponsored family class application (e.g., spouses or children of Canadian citizens or permanent residents).
•  Protected persons or convention refugees.

Grounds for Appeal at the IAD:

• Humanitarian & Compassionate (H&C) Considerations – Impact on family members, length of stay in Canada, establishment, hardship upon removal.
• Procedural Fairness – Errors in CBSA’s decision or violation of due process.
• Rehabilitation and Remorse – If the removal is based on criminal inadmissibility, demonstrating rehabilitation may be a factor.

Important:

• Serious criminality cases (where the offense carries a prison sentence of six months or more) cannot be appealed to the IAD and must seek relief through the Federal Court.
• Individuals found inadmissible on grounds of security, human rights violations, or organized crime are also ineligible for an IAD appeal.

If you qualify for an IAD appeal, the removal is automatically stayed until a final decision is made.

If an IAD appeal is not available, individuals facing removal can seek judicial review at the Federal Court of Canada under section 72 of the IRPA.

The Federal Court does not conduct a new hearing but reviews whether the immigration decision was unreasonable, unfair, or legally incorrect. If the court finds merit in the case, it can grant a Stay of Removal, preventing CBSA from deporting the individual until a final ruling is made.

Eligibility for Federal Court Stay Applications:

•  Individuals who have no right of appeal at the IAD;
•  Applicants requesting a Pre-Removal Risk Assessment (PRRA) based on risk of persecution, torture, or harm upon return;
•  Individuals filing Humanitarian & Compassionate (H&C) applications under section 25(1) of the IRPA; and
•  Applicants challenging a negative decision from CBSA, IRCC, or IAD.

Key Legal Principles Applied by the Federal Court:

• Toth v. Canada (Minister of Employment and Immigration), [1988] 2 FC 373 – Established that removal orders should be reviewed for fairness and procedural irregularities.
• Baroud v. Canada (Public Safety and Emergency Preparedness), 2017 FC 1139 – Outlined the test for granting a Stay of Removal, including serious issues to be tried, potential irreparable harm, and the balance of convenience.
• Raza v. Canada (Minister of Citizenship and Immigration), 2007 FCA 385 – Confirmed that judicial review requires proof of legal error or unfair treatment.

To obtain a Stay of Removal, the applicant must prove:

• There is a serious issue to be determined (e.g., a legal error or fairness concern in the original decision)
• The applicant will suffer irreparable harm if removed (e.g., risk to life, loss of family ties, economic hardship)
• The balance of convenience favors granting the stay (e.g., the impact of removal outweighs CBSA’s interest in enforcement)

At Kahlon Law Office, we have extensive experience handling Stay of Removal applications, IAD appeals, and Federal Court judicial reviews. Our legal team:

• Thoroughly evaluates your case and advises on the best course of action.
•  Prepares compelling legal submissions and stay motions.
•  Represents you before the IAD and the Federal Court.
•  Ensures that your rights are protected at every stage of the process.