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.
(1)A removal order comes into force on (a)the day on which it is made, if there is no right to appeal; (b)the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; or (c)the day on which a final determination is made that has the effect of confirming the removal order, if an appeal is made.
(2)Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force (a)on the day on which notice is provided that the claim has been determined to be ineligible only under paragraph 101(1)(e); (b)seven days after the day on which notice is provided that the claim has otherwise been determined to be ineligible under subsection 101(1); (c)if the claim is rejected by the Refugee Protection Division and there is no right to appeal, 15 days after the day on which notice of the rejection is provided; (d)if the claim is rejected by the Refugee Protection Division and the claimant does not file and perfect an appeal within the applicable time limits, on the later of(i)the day after the day on which the applicable time limit expires, and(ii)15 days after the day on which notice of the rejection is provided; (e)15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected; (f)on the day on which notice is provided that the claim has been determined to be withdrawn; (g)15 days after the day on which notice is provided that the claim has been determined to be abandoned; or (h)15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)(c) or (d).
(4)The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed.
(5)The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day.