Permanent residents, Convention refugees and persons arriving in Canada with a valid visa can appeal a removal order to the Appeal Division of the Immigration and Refugee Board, unless they have been convicted of a serious crime and the Minister is of the opinion that they are a danger to the public. The Minister may also appeal decisions by adjudicators to not issue a removal order. Canadian citizens and permanent residents who sponsor close family members have the right of appeal if the family member's application is refused by a visa officer. The Appeals are heard by members of the Appeals Division of the Immigration and Refugee Board, an independent tribunal.
Appellants have the right to counsel, at their own expense, and to an interpreter, at no expense.
The Immigration Act does not provide for appeals to the Appeal Decision against other decisions, such as refusals of visas for visitor or immigrants other than family class or removals of persons without status in Canada. Nevertheless, any decision by a government official may be subject to an application for judicial review by the Federal Court of Canada. Violent criminals who represent a danger to Canadian society do not have access to certain procedures and rights under the Immigration Act. In the cases of persons who have established a pattern of violent criminal activity, immigration officers may seek the opinion of the Minister that the person is a danger to the public. Criteria would include an established criminal record and a pattern of violent or criminal behaviour that suggests a present and future danger to the public, whereby rehabilitation appears unlikely.