Foreign nationals convicted of serious crimes in Canada can now defer removal proceedings under revised Immigration Court guidelines set to take effect next month.The updated policy goes into effect June 1 and expands the criteria for postponing admissibility hearings. These hearings determine whether a foreign national can remain in Canada or must be deported following criminal convictions.Under the new guidance, court members will be allowed to consider ongoing criminal appeals when deciding whether to adjourn proceedings. Previously, such requests were only meant to be approved in “exceptional circumstances,” and pending appeals were “generally not sufficient reason” to postpone hearings.The revised rules direct decision-makers to evaluate several factors before granting a delay, including “whether the appeal has been filed and the likelihood of it being concluded in a timely manner.”Members are also expected to consider whether “the outcome of the appeal may make this so”. [Immigration Division] Unnecessary action”, as well as “prejudice to the parties” and whether postponing the hearing would “unreasonably delay the proceedings”.
The changes sparked a political backlash, with Conservatives warning they could make it easier for convicted foreign nationals to stay in Canada for longer periods.Michelle Rempel Garner, a conservative immigration critic, criticized the policy, saying it risked weakening consequences for those who commit serious crimes.“Instead of changing IRB guidance that could open the door to further delays that would allow non-citizens convicted of serious crimes in Canada to remain here, the Liberals should support one law for all and deportation when the law requires them to do so,” she wrote in an email.Immigration Minister Lina Metlig also urged Diab to intervene, saying the minister “must clearly direct the Immigration and Refugee Board to implement the consequences already set out in law for deporting non-citizens convicted of serious crimes in Canada.”Under Canadian law, foreign nationals convicted of serious criminal offences, including organized crime activity or offenses punishable by at least 10 years’ imprisonment, may be deemed inadmissible and deported.According to Canada Border Services Agency figures, 934 foreign nationals were deported in 2025 after being deemed inadmissible due to criminality. Another 260 were removed in the first quarter of this year. Authorities also deported 132 people last year for cross-border crimes and 98 people for links to organized crime.Before deportation can take place, the Immigration Division of the Immigration and Refugee Board must first hold a formal admissibility hearing.James Youssef, a former Immigration and Refugee Board adjudicator and former director of policy at Immigration, Refugees and Citizenship Canada, warned that the revised guidance could encourage offenders to appeal convictions simply to delay removal proceedings.He added: “Canadian law stipulates that if a foreign national or permanent resident is convicted of a sufficiently serious crime, they must leave Canada. This is the will of Parliament, as expressed in the laws of Canada.”He added: “Who does the IRB believe is undermining Canadian law by implementing a policy that would suspend inadmissibility hearings, which are a necessary step in removing dangerous criminals from Canada?”The IRB defended the policy, saying the updated guideline aims to improve consistency, fairness and transparency in how deferral requests are dealt with. The council also noted that if authorities believe someone poses a risk to the public, the CBSA still has the authority to arrest and detain them while proceedings are ongoing.
