Case snapshot
At a glance
- Case
- Can a Permanent Resident Be Removed from Canada for Criminality?
- Court / Tribunal
- FC
- Date
- July 7, 2026
- Area of law
- Immigration Law
- Key issue
- Whether the removal of permanent residents on grounds of criminality was lawfully authorized under Canadian immigration law.
- Outcome
- The Federal Court ruled on the lawfulness of removal orders issued against permanent residents, addressing the legal standards that must be met before such orders can stand.
- Why it matters
- Permanent residents in Ontario who have any criminal history — even minor — need to understand that their status is not guaranteed and that removal proceedings can follow a conviction.
Legal principle
The rule from this case
Canadian immigration law allows the government to seek the removal of permanent residents who have been found inadmissible on grounds of criminality. The Federal Court confirmed in this decision that such removal orders must meet defined legal thresholds, and that the process leading to a removal order is subject to judicial oversight. A permanent resident does not automatically lose their status upon a criminal conviction, but serious criminality — and in some cases even less serious offences — can trigger inadmissibility findings that put that status at risk. The court's role on judicial review is not to re-decide the case from scratch. Instead, it examines whether the decision-maker followed the correct legal framework, considered the relevant evidence, and reached a conclusion that falls within a range of reasonable outcomes. Where those standards are not met, the Federal Court has the authority to send the matter back for reconsideration.
Important limits
What this does not mean
This decision does not mean that every permanent resident with a criminal record will be removed from Canada. The law distinguishes between types of offences, and not every conviction triggers inadmissibility. Factors such as the nature of the offence, the sentence imposed, and whether an equivalent Canadian offence exists all play a role in determining whether a removal order is warranted. This case also does not mean that a permanent resident facing removal has no options. There are avenues available — including appeals to the Immigration Appeal Division and applications for judicial review — that allow individuals to challenge removal orders. The outcome of any particular case will depend heavily on its specific facts, the individual's history in Canada, and the strength of the legal arguments raised.
Can a Permanent Resident Be Removed from Canada?
Yes — permanent residents can be removed from Canada, but only after a formal legal process that must meet specific standards. Permanent resident status offers strong protections, but it is not unconditional. Under Canada’s Immigration and Refugee Protection Act (IRPA), certain grounds — including serious criminality — can render a permanent resident inadmissible and subject to a removal order.
The 2026 Federal Court decision in Miranda Et Al. v. Canada (Public Safety and Emergency Preparedness), 2026 CanLII 66979 (FC) (CanLII), addressed the removal of permanent residents on criminality grounds. If you or a family member holds permanent resident status and has any involvement with the criminal justice system, this decision is worth understanding.
What Makes a Permanent Resident Inadmissible for Criminality?
A permanent resident becomes inadmissible for criminality when they have been convicted of — or committed — certain offences under Canadian law or equivalent foreign laws. The law draws a distinction between “criminality” (less serious offences) and “serious criminality” (offences punishable by a maximum of at least 10 years, or where a sentence of more than six months was imposed). Serious criminality carries heavier consequences, including the loss of the right to appeal a removal order in most circumstances.
Not every brush with the law triggers inadmissibility. The offence must meet specific criteria under IRPA, and the government must follow a defined process before a removal order is issued. Decision-makers are required to assess the evidence carefully and apply the correct legal test.
What Is the Government Required to Prove Before Issuing a Removal Order?
Before a removal order can be issued against a permanent resident, the Canada Border Services Agency (CBSA) must establish inadmissibility on the applicable grounds. This typically involves an admissibility hearing before the Immigration Division of the Immigration and Refugee Board. The permanent resident has the right to participate, present evidence, and make legal arguments at that hearing.
The Federal Court confirmed in this case that the removal process is subject to judicial oversight. If the decision-maker fails to apply the correct legal framework or ignores relevant evidence, the resulting order can be set aside on judicial review. The standard applied by the court is generally one of reasonableness — meaning the decision must be justified, transparent, and intelligible.
Can a Permanent Resident Appeal a Removal Order?
In many cases, yes — a permanent resident can appeal a removal order to the Immigration Appeal Division (IAD). The IAD has broad powers: it can not only assess whether the removal order was legally correct, but also consider humanitarian and compassionate factors, including the person’s length of residence in Canada, family ties, and evidence of rehabilitation.
However, this right of appeal is not available in all situations. Permanent residents convicted of serious criminality — where a sentence of six months or more was imposed — generally lose their right to appeal to the IAD. In those cases, the only avenue for challenging a removal order is typically a judicial review application to the Federal Court. Our Ontario immigration lawyers can help you assess which options are available in your specific situation.
What Is Judicial Review and How Does It Work in Immigration Cases?
Judicial review is a court process where a judge examines whether a government decision was made lawfully. It is not a fresh hearing where all the evidence is re-evaluated from the beginning. Instead, the Federal Court looks at whether the decision-maker had the authority to make the decision, followed the right process, and reached a conclusion that is reasonable given the facts and the law.
If the court finds a legal error, it typically sends the matter back to the decision-maker for a new determination — it does not usually substitute its own decision. Because judicial review has strict time limits (generally 15 days from the date of a written decision for immigration matters), acting quickly is essential. If you are considering this route, speaking with a lawyer experienced in immigration judicial review is an important first step.
What Happens After a Removal Order Is Issued?
Once a removal order is issued and becomes enforceable, CBSA can arrange for the person’s removal from Canada. A removal order becomes enforceable when all appeal rights have been exhausted or the time to appeal has passed. In urgent situations, it may be possible to seek a stay of removal — a temporary pause — from the Federal Court while a judicial review application is pending.
The consequences of removal extend beyond leaving Canada. Depending on the type of removal order, a person may be barred from returning to Canada for a set period or permanently. Understanding the type of order issued and its long-term implications is critical.
Practical Takeaways for Permanent Residents
- Any criminal charge matters. Even a charge that does not result in a conviction can trigger immigration consequences. Speak with an immigration lawyer before resolving any criminal matter.
- Know the difference between criminality and serious criminality. The distinction affects your right to appeal and the options available to you.
- Act quickly. Deadlines for appeals and judicial review applications are short. Missing them can eliminate your options.
- Humanitarian factors can count. Length of residence, family ties, and rehabilitation are all relevant — but only if you raise them at the right stage of the process.
- A removal order is not necessarily the end. Stays of removal, IAD appeals, and judicial review are all tools that may be available depending on your circumstances.
UL Lawyers offers a free initial consultation from our Burlington office and serves clients across Ontario, including the Hamilton and Mississauga areas. If you or a family member is facing immigration consequences related to criminality, contact our team to discuss your situation — our immigration lawyers in Hamilton and across the region are ready to help.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Yes, a permanent resident can face deportation if found inadmissible on criminality grounds under IRPA. The severity of the offence and the sentence imposed determine what options — such as an IAD appeal or judicial review — remain available.
No, status is not lost automatically. A formal admissibility hearing must take place, and a removal order must be issued before status is affected. The permanent resident has the right to participate and challenge the process at each stage.
The time limits depend on the type of decision and the appeal route. For Immigration Appeal Division appeals, the deadline is typically 30 days from the removal order. For Federal Court judicial review, the limit is generally 15 days from a written decision. Missing these deadlines can be fatal to your case.