Foreign nationals convicted of serious crimes in Canada can now have their deportation proceedings deferred under revised immigration court guidance set to come into effect next month.The updated policy took effect on June 1 and expanded the criteria for deferred admission hearings. These hearings determine whether the foreign national can remain in Canada or be deported after a criminal conviction.Under new guidance, tribunal members will be able to consider ongoing criminal appeals when deciding whether to postpone proceedings. Previously, such requests were only granted in “exceptional circumstances” and pending appeals were “generally not a sufficient reason to postpone a hearing”.The revised rules direct decision makers to evaluate several factors before granting an extension, including “whether an appeal has been filed and the likelihood of timely conclusion.”Members are also expected to consider “whether the outcome of the appeal may result in [Immigration Division] the proceedings are unnecessary”, as well as “prejudice to the parties” and whether postponing the hearing would “unreasonably delay the proceedings”.The changes have sparked a political backlash, with Conservatives warning they could make it easier for convicted foreigners to stay in Canada longer.Conservative immigration critic Michelle Rempel Garner criticized the policy, saying it could weaken consequences for serious criminal offenders.“Instead of changing IRB guidance, which could cause more delays, allowing non-citizens convicted of serious crimes in Canada to remain in Canada, the Liberals should support a law that applies to everyone and deport them when required by law,” she wrote in an email.She also urged Immigration Minister Lena Metlege Diab to intervene, saying the minister “should clearly instruct the IRB to enforce the consequences set out in the law for the deportation of non-citizens convicted of serious crimes in Canada.”Under Canadian law, foreigners convicted of serious criminal offenses, including organized criminal activity or offenses punishable by at least 10 years in prison, may be declared inadmissible and deported.According to Canada Border Services Agency data, 934 foreign nationals were deported in 2025 because they were deemed inadmissible for committing crimes. In the first quarter of this year, another 260 were removed. Authorities also deported 132 people last year for cross-border crime and 98 people for organized crime links.Prior to deportation, the Immigration and Refugee Board’s Immigration Division must first hold a formal admissibility hearing.James Yousif, a former IRB judge and former director of policy at Immigration, Refugees and Citizenship Canada, warned that the revised guidance could encourage offenders to appeal convictions just to delay removal proceedings.“Canadian law states that if a foreign national or permanent resident is convicted of a sufficiently serious crime, they must leave Canada. As expressed in Canadian law, this is the will of Parliament,” he said.He added: “Who does the IRB believe undermines Canadian law by implementing a policy of suspending injunction hearings, a necessary step in deporting serious offenders from Canada?”The IRB defended the policy, saying the updated guidance is intended to improve consistency, fairness and transparency in processing extension requests. The committee also noted that if authorities believe a person poses a danger to the public, the Canada Border Services Agency still has the authority to arrest and detain them while proceedings continue.
