{"id":2515,"date":"2026-11-13T00:30:56","date_gmt":"2026-11-13T00:30:56","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/permanent-resident-removal-criminal-conviction\/"},"modified":"2026-11-13T00:30:56","modified_gmt":"2026-11-13T00:30:56","slug":"permanent-resident-removal-criminal-conviction","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/permanent-resident-removal-criminal-conviction\/","title":{"rendered":"Facing removal after a criminal conviction with no appeal: your remaining options"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: IRPA ss. 25, 64, 112 and 115, and the Federal Court of Appeal’s decision in Nagalingam checked that day.<\/em><\/p>\n

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The rule:<\/strong> 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).<\/p>\n

Refugees and protected persons:<\/strong> they can only be removed to a country where they face risk after a danger opinion (IRPA s. 115(2)).<\/p>\n

Why a lawyer:<\/strong> the remaining routes, deferral, a stay, H&C and a restricted PRRA, each have their own limits and deadlines. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

When there is no IAD appeal<\/h2>\n

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<\/a>; if you haven’t been sentenced yet, see the immigration consequences of a criminal plea<\/a>.<\/p>\n

Refugees and protected persons: the danger opinion<\/h2>\n

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)<\/em>, 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.<\/p>\n

The remaining options<\/h2>\n
\n\n\n\n\n\n\n\n\n\n
Options after a removal order for serious criminality<\/caption>\n
Option<\/th>\nWhat it can do<\/th>\nLimit<\/th>\n<\/tr>\n<\/thead>\n
Judicial review of the removal order<\/td>\nSet aside a legally flawed decision<\/td>\n15 days for leave<\/td>\n<\/tr>\n
Danger opinion submissions<\/td>\nKeep a protected person from removal to risk<\/td>\nOnly for refugees and protected persons<\/td>\n<\/tr>\n
PRRA<\/td>\nStop removal to a country of risk<\/td>\nRestricted: a conviction punishable by 10 years or more limits what it can do (s. 112(3))<\/td>\n<\/tr>\n
H&C application<\/td>\nPermanent residence on humanitarian grounds<\/td>\nDoesn’t stop removal on its own<\/td>\n<\/tr>\n
Deferral request and Federal Court stay<\/td>\nDelay removal while another process is decided<\/td>\nNarrow discretion; three-part test<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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<\/a>; for stays, see a stay after a PRRA or deferral refusal<\/a>.<\/p>\n

Why this needs a lawyer<\/h2>\n

One lawyer, one file, every step:<\/strong><\/p>\n