4. Go to your appeal hearing
Question & Answer
I have a deportation order for a criminal conviction. What can I do?If you don't go to your hearing with the Immigration Appeal Division (IAD), they can decide that you've abandoned your appeal. This means that they think you don't want to appeal your . This ends your appeal.
If you missed going to your appeal hearing, get legal help right away to find out if there's anything you can do.
What happens at your hearing
The person in charge of the hearing is the IAD member. They decide your appeal based on the at the hearing.
The Canada Border Services Agency (CBSA) has a representative there, called Minister’s Counsel. If you have an authorized representative, such as a lawyer, they speak on your behalf.
Both you and the Minister's Counsel can bring witnesses to give evidence at the hearing. You're usually the first witness.
The Minister's Counsel can ask the witnesses questions. The IAD member can also question witnesses.
You can explain to the IAD member why you think you should be allowed to remain in Canada. Minister's Counsel can say what they think should happen, for example, that you should be .
Getting a decision
The IAD member may make a decision at the end of the hearing. Or, they may send a written decision by mail, usually within 60 days.
The IAD member can decide to:
- cancel your and let you stay in Canada as a ,
- dismiss your appeal, which means that you can be deported, or
- give you a stay of removal with conditions that you must follow. See more in Step 5.
If the IAD dismisses your appeal
CBSA can set a date for your removal from Canada. But there may be things you can do to stay in Canada. For example, you may be able to ask the Federal Court for “leave” or permission to review the IAD's decision.
You have to apply to the Federal Court within 15 days of getting the IAD's decision. So get legal advice as soon as you get the decision.
