Supreme Court: An Expired PR Visa Does Not End Your Right to Appeal a Removal Order (Pepa, 2025 SCC 21)

In Pepa v. Canada (Citizenship and Immigration), 2025 SCC 21, decided on June 27, 2025, the Supreme Court of Canada ruled on who can appeal a removal order to the Immigration Appeal Division (IAD).

What happened

Ms. Pepa came to Canada from Albania in 2018 with a permanent resident visa as her father’s dependent child. At the border she said she had recently married. A dependent child must be unmarried, so she was not admitted as a permanent resident and was referred for further examination. Her visa expired before that process ended, and a removal order was made against her. The IAD decided it could not hear her appeal because her visa had expired.

What the Court decided

The majority found the IAD’s decision unreasonable. Under section 63(2) of the Immigration and Refugee Protection Act, a person who holds a permanent resident visa when they arrive in Canada may appeal a removal order. Ms. Pepa held a valid visa when she arrived, so she had a right to appeal. The case was sent back to the IAD to hear her appeal on its merits.

What this means for you

• If you arrived with a valid permanent resident visa and were then given a removal order, you may still have a right to appeal to the IAD, even if the visa has since expired.
• Any change in marital status or family members must be reported to IRCC before you travel. Not reporting it can lead to a removal order.
• Deadlines are short. A notice of appeal of a removal order must generally reach the IAD within 30 days of receiving the order.

We represent clients at the Immigration Appeal Division in English and Arabic. Book a consultation or call (519) 999-9925.

Source: Supreme Court of Canada, Case in Brief: Pepa v. Canada (Citizenship and Immigration), 2025 SCC 21.

This article is general information, not legal advice. Reviewed October 22, 2026.