Foreign nationals convicted of serious crimes in Canada could now delay deportation proceedings under revised immigration tribunal guidelines set to come into force next month.The updated policy takes effect on June 1 and broadens the criteria for postponing admissibility hearings. These hearings determine whether a foreign national can remain in Canada or should be deported following criminal convictions.Under the new guidance, tribunal members will be allowed to consider ongoing criminal appeals when deciding whether to delay proceedings. Previously, such requests were only meant to be granted in “exceptional circumstances”, and pending appeals were “not generally a sufficient reason” to postpone hearings.The revised rules direct decision-makers to assess several factors before granting delays, including “whether the appeal has been filed and the likelihood it will be concluded in a timely manner.”Members are also expected to consider whether “the outcome of the appeal may render the [Immigration Division] proceeding unnecessary,” as well as “the prejudice to the parties” and whether postponing a hearing would “unreasonably delay the proceeding.” The changes havedrawn political backlash, with Conservatives warning they could make it easier for convicted foreign nationals to remain in Canada for longer periods.Conservative immigration critic Michelle Rempel Garner criticised the policy, saying it risked weakening consequences for serious criminal offenders.“Instead of changing IRB guidance that could open the door to more delays which would allow non-citizens convicted of serious crimes in Canada to stay here, the Liberals should support one law for all and deport when the law requires them to do so,” she wrote in an email.She also urged Immigration minister Lena Metlege Diab to intervene, saying the minister “should clearly direct the IRB to enforce consequences already set out in the law to deport non-citizens convicted of serious crimes in Canada.”Under Canadian law, foreign nationals convicted of serious criminal offences, including organised crime activity or crimes punishable by prison terms of at least 10 years, can be declared inadmissible and deported.According to Canada Border Services Agency figures, 934 foreign nationals were deported in 2025 after being deemed inadmissible because of criminality. Another 260 were removed in the first quarter of this year. Authorities also deported 132 people last year for transborder criminality and 98 for organised crime links.Before deportation can happen, the Immigration Division of the Immigration and Refugee Board must first hold a formal admissibility hearing.James Yousif, a former IRB adjudicator and former director of policy at Immigration, Refugees and Citizenship Canada, warned the revised guidance could encourage offenders to appeal convictions simply to delay removal proceedings.“Canadian law says that if a foreign national or permanent resident is convicted of a sufficiently serious crime, they have to leave Canada. That is the will of Parliament, as expressed in the laws of Canada,” he said.He added: “Who does the IRB think it is, to undermine Canadian law by implementing a policy that will suspend the inadmissibility hearings which are a necessary step in the deportation of serious criminals from Canada?”The IRB defended the policy, saying the updated guideline aims to improve consistency, fairness and transparency in how requests for postponements are handled. The board also noted that if authorities believe someone poses a danger to the public, the Canada Border Services Agency still has the power to arrest and detain them while proceedings continue.
