Foreign nationals convicted of serious crimes in Canada can now delay deportation proceedings under revised Immigration Tribunal guidelines that come into effect next month.The updated policy takes effect June 1 and broadens the criteria for postponing admissibility hearings. These hearings determine whether a foreign national can remain in Canada or whether he or she must be deported after a criminal conviction.Under the new guidance, tribunal members will be allowed to consider ongoing criminal appeals when deciding whether to delay proceedings. Previously, such requests were to be granted only in “exceptional circumstances”, and pending appeals were “not generally sufficient reason” to postpone hearings.The revised rules direct decision makers to assess a number of factors before granting a delay, including “whether the appeal has been filed and the likelihood that it will be completed in a timely manner.”Members are also expected to consider whether “the outcome of the appeal might render (Immigration Division) proceedings unnecessary,” as well as “prejudice to the parties” and whether postponing the hearing would “unreasonably delay the proceedings.”There has been political backlash over these changes, with the Conservatives warning that they could make it easier for convicted foreign nationals to remain in Canada long-term.Conservative immigration critic Michelle Rempel Garner criticized the policy, saying it risks creating weaker outcomes for serious criminal offenders.“Instead of changing IRB guidance that could open the door to more delays that would allow non-citizens convicted of serious crimes to stay here in Canada, the Liberals should support one law for all and deport when the law requires them to do so,” he wrote in an email.He also urged Immigration Minister Lina Metlez Diab to intervene, saying that the minister should “clearly direct the IRB to enforce 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 crimes 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 after being deemed inadmissible due to criminality. Another 260 were laid off in the first quarter of this year. Authorities deported 132 people last year for cross-border criminality and 98 for organized crime ties.Before deportation can occur, the Immigration Division of the Immigration and Refugee Board must first hold a formal admissibility hearing.James Joseph, a former IRB adjudicator and former director of policy at Immigration, Refugees and Citizenship Canada, warned that the revised guidance could encourage offenders to appeal against convictions merely to delay removal proceedings.He said, “Canadian law states that if a foreign national or permanent resident is convicted of a sufficiently serious crime, they must leave Canada. That is the will of Parliament, as expressed in the laws of Canada.”He added: “Who does the IRB think is going to undermine Canadian law by imposing a policy that would suspend inadmissibility hearings which are a necessary step in the deportation of serious criminals from Canada?”The IRB defended the policy, saying the updated guidelines were intended to improve consistency, fairness, and transparency in the way requests for deferrals are handled. The board also noted that if officers believe a person is a danger to the public, the Canada Border Services Agency has the power to arrest and detain them while proceedings continue.