4. Appeal your removal order
Question & Answer
I’m not a Canadian citizen. What happens if I commit a crime in Canada?If you get a because you were found to be , you might be able to appeal this decision.
If you're a or a , you may have the right to appeal depending on your criminal . If you're a , you may appeal only if you have a permanent resident visa or you're a protected person.
Who can’t appeal
You can't appeal if you're inadmissible because:
- you were of a and your sentence was 6 months or more in jail,
- you were involved in organized crime, or
- you abused human or international rights.
If you're not eligible to appeal or your appeal is denied, your removal order can be enforced and you can be from Canada. If this applies to you, get legal advice.
Who can appeal
You can appeal if you're inadmissible because you were sentenced to less than 6 months in jail for a crime that you committed in Canada.
If you're eligible to appeal your removal order, you file your appeal with the Immigration Appeal Division (IAD) of the (IRB).
The IRB has instructions on how to start your appeal. You must do this within 30 days of getting the removal order.
If your appeal is successful, your removal order will not be enforced, and you can stay in Canada.
Hearing with the IAD
Once you file your appeal, you have a where the IAD considers:
- the facts related to your criminal conviction, and
- any humanitarian factors that relate to you.
After your hearing, the IAD can make one of these decisions:
- Allow your appeal and cancel your removal order.
- Stay your removal order for a specific length of time, which lets you stay in Canada if you follow certain conditions. For example, these could be reporting to the Canada Border Services Agency (CBSA) and not being convicted of any other crimes.
- Dismiss your appeal, which means you can be removed from Canada.
For more information, see I have a deportation order for a criminal conviction. What can I do?
