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Immigration to Canada > Federal Court and Immigration and Refugee Board Hearings > Deportation Appeals

Permanent residents in Canada can lose their permanent residence status and ordered deported from Canada when they have breached the terms of their status. For example, a permanent resident who has been convicted of criminal offenses can be ordered deported, even if he/she has very important ties to Canada, including family. In most such cases the person can appeal the deportation decision to the Immigration Appeal Division (IAD) of the IRB, which is an independent tribunal.

The IAD can take into account all of the circumstances of the case, and decide that a person can be allowed to stay in Canada even if he/she has breached the terms of their status. Those circumstances include their ties, such as family in Canada, the circumstances of the breach, and other matters. This is a very important right of appeal. However, if a permanent resident has been sentenced to a prison term of two years or more, they do not have the right of an appeal to the IAD. Instead, an immigration officer, will assess all of the circumstances without the benefit of a full hearing.

Further reading

Negative decision? Federal Court

Immigration and Refugee Board

Federal Court of Canada

Federal Court can stay execution of removal order – Part 3 – Guidy Mamann, May 8th, 2006

Risk assessment can protect those under removal orders – Part 2 – Guidy Mamann, May 1st, 2006

When foreigners are told to leave Canada – Part 1 – Guidy Mamann, April 24th, 2006

Read fine print to avoid deportation – Guidy Mamann, April 18th, 2005