Stay & Deferral of Removal

A stay or deferral of removal is a legal mechanism that temporarily prevents or postpones your removal from Canada. If you are facing deportation or removal, you may seek a stay to delay the process while you address legal issues, appeal decisions, or resolve your immigration status. There are different types of stays, including administrative stays by the Canada Border Services Agency (CBSA) and stays granted through Federal Court judicial review (JR).

The Canada Border Services Agency (CBSA) has the authority to grant an administrative stay of removal. CBSA may grant a temporary administrative deferral of removal to qualified applicants. However, deferrals are not granted to those who:

• Are inadmissible for security or serious criminality issues.

• Are excluded by the Refugee Protection Division.

• Have pending or dropped charges related to removal.

• Have previously benefited from an administrative deferral for an H&C spousal application.

• Have an outstanding removal warrant or have previously hindered removal.

• Have been previously deported and have not obtained permission to return.

If you are challenging a removal order or other immigration decisions through judicial review, you may request a stay from the Federal Court. This stay temporarily halts the enforcement of the removal order while the court reviews your case. A stay granted by the Federal Court is generally sought when:

1. You have filed an application for judicial review challenging the legality of the removal order.

2. There is a risk of significant harm or irreparable damage if the removal proceeds before the court makes a decision.

To obtain a stay from the Federal Court, you must demonstrate that your case meets the criteria for judicial review and that a stay is necessary to prevent undue hardship.

Identify whether you need an administrative stay from CBSA or a stay from the Federal Court. The appropriate type of stay depends on your situation, the stage of your immigration proceedings, and the nature of your legal challenge.

For an administrative stay by CBSA:

• Gather Supporting Documents: Prepare evidence supporting your request, such as documents related to your legal challenge, appeals, or personal circumstances.

• Submit Your Request: Contact CBSA to submit your request for an administrative stay, including a detailed explanation of why the stay should be granted.

For a Federal Court stay:

• File for Judicial Review: Begin by filing an application for judicial review with the Federal Court, challenging the removal order or immigration decision.

• Request a Stay: Along with your judicial review application, file a motion for a stay of removal. Provide compelling reasons and evidence demonstrating why the stay is necessary.

If requesting a stay from the Federal Court, you may need to attend a hearing where you will present your case for why the stay should be granted. Be prepared to provide evidence and argue why immediate removal would cause significant harm.

The relevant authority (CBSA or Federal Court) will review your request and make a decision. If granted, the stay will temporarily halt the removal process while you address your legal issues or await further proceedings.

Monitor the status of your stay request and comply with any conditions or requirements set by CBSA or the Federal Court. Ensure that you stay informed about the progress of your judicial review or legal challenge.