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What You Need to Know About Removal Order Appeals

A removal order is issued by Canadian immigration authorities when they decide that an individual must leave Canada due to specific reasons, such as violating immigration laws or overstaying a visa. A removal order can have serious consequences, and individuals affected by it may be able to appeal the decision. If you have received a removal order, it’s essential to understand the process and your options for challenging the decision.

Reasons for Removal Orders

Removal orders are typically issued when an individual has violated Canadian immigration laws or has overstayed their authorized stay in Canada. Some common reasons for removal orders include:

  • Overstaying a Visa or Permit: If you stay in Canada beyond the authorized period without renewing your visa or permit, you may be subject to a removal order.
  • Criminal Convictions: Certain criminal convictions can result in a removal order, especially if the individual is found inadmissible to Canada.
  • Failure to Comply with Immigration Conditions: If you fail to meet the terms of your stay, such as not reporting to immigration authorities or working without authorization, a removal order may be issued.
  • Refusal of Refugee Claims: If your refugee claim is denied and you do not have legal grounds to stay in Canada, a removal order may follow.

If a removal order is issued against you, it’s important to act quickly and explore the options available to challenge the decision.

The Removal Order Appeal Process

If you have been issued a removal order, you may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). This process allows you to challenge the order and request that you be allowed to remain in Canada.

1. Filing an Appeal

The first step in the appeal process is to file a Notice of Appeal with the IAD. You must do this within a specific timeframe, usually 30 days after receiving the removal order. The notice should outline your intention to challenge the removal order and present your reasons for wanting to stay in Canada.

2. Appeal Hearing

Once the Notice of Appeal is filed, the IAD will schedule a hearing. During the hearing, you will have the opportunity to present your case and explain why the removal order should be overturned. You can submit new evidence, clarify misunderstandings, and demonstrate why you should be allowed to remain in Canada.

It’s important to be prepared for the hearing and have all the necessary documentation to support your appeal. A paralegal can help you organize and prepare the required paperwork, ensuring that you meet all the deadlines and requirements for the appeal.

3. Possible Outcomes of the Appeal

After the hearing, the IAD will make a decision on your appeal. There are several possible outcomes:

  • Appeal Allowed: If the IAD agrees with your arguments, the removal order will be overturned, and you may be allowed to stay in Canada.
  • Appeal Dismissed: If the IAD agrees with the removal order, you will be required to leave Canada. In some cases, you may be given time to make arrangements to depart.
  • Appeal Adjourned: In some situations, the IAD may adjourn the hearing if additional information or evidence is needed to make a decision.

How a Paralegal Can Assist With Your Removal Order Appeal

While paralegals are not qualified to represent you in court, they can provide valuable assistance throughout the removal order appeal process. Here’s how a paralegal can support you:

Document Preparation

A key part of any successful appeal is having the right documents in order. A paralegal can help you gather the necessary paperwork, such as supporting evidence, personal statements, and any documents that can strengthen your case.

Filing the Appeal

The appeal process requires strict adherence to deadlines and procedures. A paralegal can assist with filing the required forms, ensuring that all documents are submitted correctly and on time.

Organizing Your Case

Organizing your case is crucial for a successful appeal. A paralegal can help you organize your evidence, prepare your submissions, and make sure your case is clearly presented to the IAD.

Guidance Through the Appeal Process

A paralegal can provide guidance on what to expect during the appeal process, including what to bring to the hearing and how to present your case. They can help you navigate the complexities of immigration law, ensuring that you’re well-prepared for the hearing.

Why Work With a Paralegal for Your Removal Order Appeal

The removal order appeal process can be complicated, but with the right help, you can improve your chances of success. While paralegals cannot represent you in court, their expertise in document preparation and case management can be invaluable. They can help ensure that your appeal is filed correctly, your case is well-organized, and you have the best chance of a favorable outcome.

Contact Us for Assistance With Your Removal Order Appeal

If you have received a removal order, don’t wait to take action. Reach out to our experienced team today. We can assist with preparing your appeal, organizing your documentation, and guiding you through the entire process. Let us help you protect your rights and explore your options for staying in Canada.

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