Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA ss. 25, 64, 112 and 115, and the Federal Court of Appeal’s decision in Nagalingam checked that day.
The rule: there is no appeal to the Immigration Appeal Division if the conviction led to a prison term of at least six months (IRPA s. 64).
Refugees and protected persons: they can only be removed to a country where they face risk after a danger opinion (IRPA s. 115(2)).
Why a lawyer: the remaining routes, deferral, a stay, H&C and a restricted PRRA, each have their own limits and deadlines. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A permanent resident or foreign national convicted of a serious crime can be found inadmissible for serious criminality and ordered removed. For most permanent residents, the first line of defence is an appeal to the Immigration Appeal Division. But if the sentence was a term of imprisonment of at least six months, that appeal is not available. What is left depends on your history. If you came to Canada as a refugee or were found to be a protected person here, an extra step applies: after the removal order is made, the Minister’s delegate has to issue a danger opinion before you can be removed to a country where you face risk.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, handles removals for criminality, including danger opinion responses, PRRAs, H&C applications and Federal Court stays; this guide is by Pardeep S. Grewal.
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When there is no IAD appeal
Section 64 of the Act bars an appeal to the IAD for serious criminality where the crime was punished in Canada by a term of imprisonment of at least six months. The Immigration Division’s removal order can still be challenged in the Federal Court by judicial review, with a 15-day deadline for leave (IRPA s. 72). If you are earlier in the process, see a section 44 letter for permanent residents; if you haven’t been sentenced yet, see the immigration consequences of a criminal plea.
Refugees and protected persons: the danger opinion
Protected persons and Convention refugees can’t be removed to a country where they face persecution, torture or cruel and unusual treatment (IRPA s. 115(1)). The exception for serious criminality applies only if, in the Minister’s opinion, the person is a danger to the public in Canada (s. 115(2)(a)). That is the danger opinion. You are given the chance to respond in writing. The Federal Court of Appeal in Nagalingam v. Canada (Citizenship and Immigration), 2008 FCA 153 described the steps the delegate must follow, including assessing the risk you would face and weighing it. Your submissions should address both the danger and the risk.
The remaining options
| Option | What it can do | Limit |
|---|---|---|
| Judicial review of the removal order | Set aside a legally flawed decision | 15 days for leave |
| Danger opinion submissions | Keep a protected person from removal to risk | Only for refugees and protected persons |
| PRRA | Stop removal to a country of risk | Restricted: a conviction punishable by 10 years or more limits what it can do (s. 112(3)) |
| H&C application | Permanent residence on humanitarian grounds | Doesn’t stop removal on its own |
| Deferral request and Federal Court stay | Delay removal while another process is decided | Narrow discretion; three-part test |
An H&C application is available to people inadmissible for criminality. It is not available for security, human rights or organized crime grounds. For the PRRA, see the PRRA guide; for stays, see a stay after a PRRA or deferral refusal.
Why this needs a lawyer
One lawyer, one file, every step:
- checking whether an IAD appeal or judicial review is still open, and the deadlines;
- writing danger opinion submissions on both danger and risk;
- preparing a PRRA, an H&C, or both;
- bringing a deferral request and Federal Court stay motion when removal is scheduled.
These files mix criminal and immigration law, and the deadlines are short. The danger opinion response in particular is often the most important document in the case.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Missing the 15-day judicial review deadline while waiting to see what CBSA does.
- Treating a danger opinion letter as a formality.
- Assuming a PRRA will lead to protection when it is restricted.
- Not getting immigration advice before the criminal sentence.
Frequently asked questions
Can a pardon or record suspension stop removal?
A record suspension can affect inadmissibility, but it takes years and isn’t usually available in time once removal is underway.
I’m a refugee. Can I be deported for a crime?
Only after a danger opinion if you would be removed to a country where you face risk. Your response to it is critical.
Do I lose permanent residence when the removal order is made?
Permanent residence ends when the removal order comes into force, for example when no appeal is available or it is finally decided.
What should I do right now?
Find out exactly what sentence was imposed, check the date of the removal order, and get advice now: the judicial review deadline is 15 days and a danger opinion response has its own deadline.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 64
- Immigration and Refugee Protection Act, s. 72
- Immigration and Refugee Protection Act, s. 112
- Immigration and Refugee Protection Act, s. 115
- Immigration and Refugee Protection Act, s. 25(1.2) and (1.21)
- Nagalingam v. Canada (Citizenship and Immigration), 2008 FCA 153
This article is general information, not legal advice. Every case depends on its own facts.