Facing deportation or removal from Canada represents one of the most stressful experiences for foreign nationals and their families. When a removal order has been issued and enforcement is imminent, you may have legal options to delay or prevent your departure. Understanding deferral requests and stays of removal can be crucial to protecting your ability to remain in Canada while pursuing other immigration remedies.
At Lewis et Associés SENCRL, our experienced immigration lawyers provide strategic representation for individuals facing removal from Canada. We understand the urgency these situations demand and work efficiently to explore all available options for deferral or stays of deportation. This article explains the legal mechanisms available to delay or prevent removal and how we can assist you during this critical time.
Before exploring options to delay removal, it is important to understand the types of removal orders issued in Canada. Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) issue three distinct types of removal orders.
Departure Orders: A departure order requires you to leave Canada within 30 days after the order becomes enforceable. If you comply and confirm your departure with CBSA, you may return to Canada in the future. However, failure to leave within 30 days converts the departure order into a deportation order.
Exclusion Orders: An exclusion order requires immediate departure and bars you from returning for one year. If issued for misrepresentation, the exclusion extends to five years.
Deportation Orders: A deportation order represents the most serious form and requires immediate departure. You are permanently barred from returning unless you obtain an Authorization to Return to Canada.
When you receive a removal date from CBSA, you may request a deferral of removal—a temporary postponement of your deportation. This administrative remedy allows CBSA enforcement officers to delay your removal when you can demonstrate compelling reasons.
Grounds for Deferral: CBSA officers may grant deferrals for humanitarian and practical reasons including children completing school year, pending medical procedures, pending immigration applications, new evidence affecting your status, and significant family events.
The Deferral Process: Deferral requests must be submitted to the CBSA enforcement officer immediately upon receiving a removal date. Your lawyer will prepare detailed written submissions with supporting documentation.
When administrative deferrals are unsuccessful, you may seek a stay of removal from the Federal Court of Canada. A stay represents a court order temporarily halting your deportation while other legal proceedings are pending.
The Federal Court applies a three-part test:
(1) serious issue in your underlying application,
(2) irreparable harm if removed, and
(3) balance of convenience favors granting the stay.
You must demonstrate that you will suffer irreparable harm—injury that cannot be remedied by monetary compensation or by returning if your review succeeds. Examples include family separation, loss of medical treatment, exposure to persecution, and psychological trauma.
Proving irreparable harm requires detailed evidence. Courts recognize various forms including threats to physical safety, persecution, unavailable medical treatment, and family separation affecting children’s best interests.
Physical Safety and Persecution: If you face threats upon return, this constitutes strong evidence. Support with country condition reports, expert affidavits, and personal testimony.
Medical Considerations: Serious health conditions can establish harm when treatment is unavailable in your country. Medical evidence from physicians is essential.
Family Separation: Removal separating you from family, particularly children, can constitute irreparable harm. Courts weigh children’s best interests heavily.
Both deferral requests and stay applications operate under strict time constraints. Once you receive a removal date, immediate action is essential.
Contact an immigration lawyer immediately. Your lawyer needs time to gather evidence, prepare submissions, and file applications. Delays can make it impossible to complete this work.
Federal Court stay motions frequently proceed as emergency hearings, sometimes within days or hours of removal. These require intensive preparation under extreme time pressure.
Successfully navigating removal proceedings requires immediate action and strategic legal expertise. At Lewis et Associés SENCRL, our team led by Jacqueline Lewis and Ariel Hollander, including Elio Yarali, Nicolas Turp, and Katya Stella Assoe, provides comprehensive representation for clients facing deportation.
