I have a deportation order for a criminal conviction. What can I do?

If you have a deportation order made by the Immigration Division of the Immigration and Refugee Board (IRB), you may be able to appeal. You appeal to the Immigration Appeal Division (IAD) of the IRB and ask to not be deported.

Getting legal help

Appealing a deportation order is complicated. It’s important to get legal help.

An immigration lawyer will know:

• the rules you need to follow for your appeal hearing
• the strengths and weaknesses of your appeal
• what evidence you should try to gather

Having no right to appeal

You cannot appeal if you got a deportation order because:

• you were convicted of a serious crime, and
• you got a prison sentence of 6 months or longer.

To find out if you have any other options to try to stay in Canada, get legal help.

Time limit to appeal

You must start your appeal to the IAD within 30 days of getting your deportation order.

What the IAD can do

The IAD can consider humanitarian and compassionate reasons why you should not be deported. And they must consider the best interests of a child who could be directly affected if you’re deported. See Step 2 for more information.

The IAD can decide to:

• cancel your deportation order and let you stay in Canada as a permanent resident,
• dismiss your appeal so that you can be deported, or
• give you a stay of removal, which means they suspend your deportation order for a certain length of time with conditions that you must follow