Deportation Appeals

Permanent residents in Canada can lose their permanent residence status and be ordered deported 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 s/he has 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 Immigration & Refugee Board (IRB), which is an independent tribunal.

The IAD can take into account all of the circumstances of the case, and decide that a person should be allowed to stay in Canada even if s/he 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.

Please contact an immigration lawyer at Mamann, Sandaluk & Kingwell LLP for legal representation for a deportation appeal.  As each detention review is unique to the individual, all persons in this situation should consult with a qualified immigration lawyer to determine the course of action that is best for them.

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