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August 22, 2023

Deportation in Canada: Understanding the Appeal Process and How to Challenge a Removal Order

As a highly experienced Canadian immigration consultant with Empire Fly, I understand that receiving a removal or deportation order can be a difficult and stressful experience for individuals from across Africa. However, it’s important for individuals from countries like Nigeria, Kenya, and South Africa to know that there are options available for those who wish to challenge a removal or deportation order.

 

One option is to appeal the removal or deportation order through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).The appeal process allows individuals from various African countries to challenge a decision made by an immigration officer regarding their removal or deportation from Canada.

There are two types of appeals that can be made to the IAD:

Leave and Judicial Review (LJAR) appeals: LJAR appeals are for individuals from various African countries who have received a removal order and wish to challenge the decision on the grounds that the immigration officer made an error in law or in the application of the law.

Humanitarian and Compassionate (H&C) appeals: H&C appeals are for individuals from countries such as Nigeria, Ghana, and Kenya who have received a removal order and wish to argue that their removal from Canada would cause them or their family members undue hardship.

 

It’s important to note that the appeal process can be complex and time-consuming, and it’s highly recommended that individuals from across Africa seek the help of an experienced immigration lawyer to guide them through the process and help prepare their case. A lawyer can assist in ensuring that the application is complete and accurate and represent the individual at any hearings or interviews that may be required.

Another option is to apply for relief from removal or deportation through a pre-removal risk assessment (PRRA) or a ministerial relief application. These options are available to individuals from countries such as Nigeria, Kenya, and South Africa, who have received a removal order and believe that they would be at risk of persecution, torture, or death if they were removed from Canada.

It’s also important to note that there are certain time limits for appealing a removal or deportation order, so it’s crucial to act quickly if you wish to challenge a decision as a citizen of an African country.

At Empire Fly, our team of experienced immigration consultants can guide individuals from across Africa through the process of appealing a removal or deportation order. We can assist in ensuring that the application is complete and accurate and represent the individual at any hearings or interviews that may be required. We can also provide assistance in understanding the reasons for the removal or deportation order and offer guidance on how to proceed, whether it’s through an appeal or seeking relief from deportation.