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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 Nigerian individuals. However, it’s important for Nigerian’s 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 Nigerian individuals 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 Nigerian individuals 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 Nigerian individuals 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 Nigerian individuals seek the help of an experienced immigration lawyer to guide them through the process and help prepare their case. A lawyer can help ensure 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 Nigerian individuals 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 important to act quickly if you wish to challenge a decision as a Nigerian citizen.

 

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