I have a deportation order for a criminal conviction. What can I do?

2. Learn what the IAD considers at your appeal hearing

At your hearing, the Immigration Appeal Division (IAD) decides whether you should be . To do this, they consider any reasons you give for not being deported, including the following factors:

  • the best interests of a child
  • your criminal history
  • humanitarian and compassionate reasons

Best interests of a child

The IAD must consider what's in the best interests of any child who would be directly affected if you had to leave Canada.

Some things that could affect the best interests of a child include:

  •  the child's age
  • the relationship between you and the child or between the child and others, and how your removal from Canada could affect these relationships
  • how long the child has been in Canada
  • the child's connections to your home country
  • any medical issues or needs related to a disability
  • how the child's education would be affected
  • issues relating to the child's gender, for example, customs that girls have to follow in your home country

Your criminal history

The IAD looks at:

  • the type of crime you committed, how it affected any victims, and what your was
  • how long ago you committed the crime and what was going on in your life, for example, you were addicted to drugs
  • whether you've committed other crimes
  • whether you took responsibility for any harm you caused, for example, by showing that you're sorry or doing something to make up for the harm
  • whether you're getting counselling or treatment for mental health problems or substance abuse, and can show that you're not likely to commit another crime

Humanitarian and compassionate reasons

The IAD considers humanitarian and compassionate reasons, including:

  • how long you've been in Canada and how old you were when you came here
  • what family members you have in Canada and how they'd be affected if you were deported
  • how settled you are in Canada, including training and work you've done, your language skills, and ways you're involved in the community, such as being a volunteer
  • what connection you have with your home country, for example, speaking the language, having family members there who you have a relationship with
  • how much hardship you'd go through if you were deported, for example, not being able to get medical treatment or support from family members

 

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