As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) may decline to admit persons looking for to entering Canada and may order the exclusion of persons who have violated IRPA. In a number of cases, the Immigration Division of the Immigration and Refugee Board of Canada (IRB) can classify persons who are in violation of IRPA to be removed. In definite cases, these removal orders might be appealed to the Immigration Appeal Division of the IRB.
Who is responsible?
The CBSA hearings officer’s represent the Minister of Public Safety at removal order appeal hearings previous to the IRB's Immigration Appeal Division. The IRB is a self-governing tribunal and its members are trained in immigration law. The Federal Court Trial Division may evaluate the Immigration Appeal Division's determinations.
Who can appeal to the Immigration Appeal Division?
IRPA permit certain persons to appeal removal orders made by CBSA officers or by members of the IRB's Immigration Division. The subsequent persons can plea to the IRB's Immigration Appeal Division:
1. Permanent residents:
Persons who have acquired permanent resident status in Canada and have not lost that status.
2. Permanent resident visa holders:
Foreign nationals who hold permanent resident visas and are denied entry upon first arriving in Canada.
3. Protected persons:
Persons who are found to be in need of Canada's protection.
Usually persons will not be removed from Canada until their appeal has been decided. If they have been removed from Canada, they may be allowable to return to be present at their appeal hearing.
Loss of right of appeal:
In certain situations, overseas nationals and permanent residents do not have a right to appeal. Persons may drop their appeal rights if a CBSA officer or a member of the Immigration Division determines that they are safety threats or war criminals, or that they have committed crimes against humanity, were involved in organized crime or are solemn criminals. A serious criminal is a person who has been convicted of a crime in Canada that may be liable to be punished by at least 10 years in prison and for which a sentence of at least two years is given.
