Edmonton Immigration Lawyer Can Help Fight Your Removal Order

The Immigration and Refugee Protection Act (IRPA) offers you the right to appeal for removal orders against permanent residents. Having a lawyer help you with this process is essential.

Permanent residents are foreign nationals who are granted permanent resident visa as part of their progress to becoming a Canadian national. The IRPA also offers a ground on which you can appeal your removal order, provided that you are a permanent resident in Canada.

Technically the appeal is not against the removal order itself, but rather, it would be against the decision made by the Canadian officer who determined that the permanent resident did not meet the residency obligations.  These are legal issues and having an experienced immigration lawyer represent you is essential.

Why Are Permanent Residents Issued Removal Orders?

Permanent residents can be given a removal order for a wide range of reasons, the most common of which is not meeting the residency obligations. This can be due to misrepresentation, criminality, and host of other reasons. When you get the permanent residence status, it is your responsibility to follow the residency obligations in order to make sure that your status in Canada is not compromised.

When Can I Appeal My Removal Order – And Who Do I Appeal To?

Firstly, if you have been issued, or think you may get issued, a Removal Order, then you need to call a lawyer right away.  Removal orders are a legal process.

The Canada Border Services Agency may refer permanent residents to the Immigration Division to have those people removed from the country for a variety of reasons.  In turn, permanent residents have the right to appeal to the Immigration Appeal Division regarding their removal orders. Appeals can be based on a number of reasons, including:

  • The decision of Canada Border Services Agency officer or Immigration Division officer to issue a removal order against permanent residence  was wrong in law, fact, or both fact and law.
  • The failure to observe the principle of natural justice.
  • The belief that a permanent resident should not be removed from Canada on compassionate or humanitarian grounds.
  • Other grounds.

The Immigration Appeal Division is has the authority to decide whether a permanent resident’s appeal should be granted, dismissed or altered.  They can also make the removal order void upon compliance with a number of conditions.  Talk to a lawyer.

When Can A Permanent Resident Not Make An Appeal?

In some rather rare situations, permanent residents and foreign nationals may not have the right to appeal for the removal order. The person can lose their appeal rights once the Canadian Border Service Agency office or Immigration Division member finds out that the person:

  • Poses a security threat to Canada.
  • Is or was a war criminal.
  • Has committed crimes against humanity.
  • Was involved in organized crime.
  • Is a serious criminal.

At our law office, we can help you protect your permanent resident status. Call us today to find out more!

Call Edmonton Immigration Lawyer Today!