🍁 In Simple Terms
A removal order is stayed (suspended) automatically while an appeal is pending at the Immigration Appeal Division (IAD) or while a judicial review application is filed at the Federal Court. This means removal cannot proceed while legal proceedings are active.
Affects: Persons subject to removal or detention
Legal Text — IRPA Section 49
(1)A removal order comes into force on the latest of the following dates:(a) the day the removal order is made, if there is no right to appeal;
(b)the day the appeal period expires, if there is a right to appeal and no appeal is made; and
(c)the day of the final determination of the appeal, if an appeal is made.
In Practice
Related Sections
Official Source: Justice Canada — IRPA s. 49 (authoritative, may differ from this display)
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