Stay of Removal Orders in Canada: When Can You Ask the Federal Court to Stop Removal?
If you have been told to report for removal from Canada, you may be trying to gather documents, find a lawyer, and make arrangements for work, family, or housing in a very short window. You may ask the Federal Court to temporarily stop your removal when you have grounds for judicial review of a related immigration decision and can meet the legal requirements for a stay.
The Court does not grant one simply because leaving would be difficult. You must show that your case meets a three-part legal test supported by evidence, and you may have limited time to act before your scheduled removal.
At Golden & Associates, we help clients in Burnaby, Surrey, Coquitlam, Vancouver, and throughout British Columbia understand their options when removal is approaching. We speak Vietnamese, English, and Spanish, and we can assess whether a Federal Court stay is appropriate in your circumstances.
If you have received a direction to report for removal, contact our office promptly, since delay can make an urgent application harder to bring.
When Can the Federal Court Stay Removal?
Under section 18.2 of the Federal Courts Act, the Court may make an interim order it considers appropriate while a judicial review is being decided. Judicial review is a process in which the Court examines whether an immigration decision was legally reasonable and procedurally fair. A stay is tied to an underlying legal challenge. It is not a separate way to cancel a removal order permanently.
Once a removal order is enforceable, the Immigration and Refugee Protection Act (IRPA) requires the person to leave Canada unless the order is stayed. A Federal Court stay may be necessary when removal is scheduled before the Court can decide a related judicial review application.
You must have a proper legal basis for the underlying challenge and provide evidence supporting your request for temporary protection. Filing a stay motion does not, by itself, prevent removal.
What Is the Three-Part Test for a Stay?
Federal Court judges apply a test that comes from the Supreme Court of Canada's framework for interim relief and has long been used in immigration matters. You must establish a serious issue to be tried, irreparable harm if the stay is refused, and that the balance of convenience favors granting it. You must satisfy all three parts, so falling short on one is enough for a motion to fail.
Serious issue: The underlying challenge must have sufficient legal merit. In some removal cases, the Court requires a stronger showing because granting the stay would effectively provide the relief sought in the judicial review.
Irreparable harm: You must provide evidence of harm that cannot be adequately remedied if removal happens first.
Balance of convenience: The Court weighs the competing interests and asks which side would be more affected by granting or refusing the stay.
Irreparable harm is often the hardest part. The ordinary hardship of leaving, such as disruption to work, school, or family life, is often not enough on its own. Medical records showing a risk from interrupted treatment or credible evidence of danger in the destination country may support your request, depending on the circumstances and the strength of the evidence.
If your case involves a fear of persecution or serious harm in your home country, you may also need to consider whether you qualify for refugee protection under Canadian law.
Can You Ask the CBSA to Delay Removal First?
Before or alongside a court motion, a person may ask the Canada Border Services Agency (CBSA) to defer removal. CBSA officers have limited discretion to do so, and a refusal can itself be challenged in Federal Court. In many cases, the stay motion is then connected to a judicial review of that refusal.
A deferral request should explain why removal should be postponed and include evidence supporting your circumstances. CBSA may consider matters such as immediate medical concerns or other circumstances that justify a temporary delay.
Requesting a deferral does not automatically stop removal. If CBSA refuses, you may need to seek urgent relief from the Federal Court before your scheduled departure.
Does Filing for Judicial Review Automatically Stop Removal?
Not always. Whether a stay applies automatically depends on the type of decision involved. Section 231 of the Immigration and Refugee Protection Regulations provides an automatic stay for certain timely applications seeking judicial review of Refugee Appeal Division decisions that reject refugee protection claims.
However, exceptions apply, including certain cases involving serious criminality, designated foreign nationals, and applications seeking an extension of the filing deadline. Other situations require a separate motion asking the Court for temporary relief.
Section 72 of IRPA generally requires an application for leave for judicial review to be filed within 15 days for matters arising in Canada or 60 days for matters arising outside Canada. The Court may extend these deadlines for special reasons, and certain rules affect when the filing period begins.
Our team of British Columbia immigration lawyers can review your immigration decision and procedural history to determine whether an automatic stay applies or a separate court motion is necessary.
How Should You Prepare if Removal Is Approaching?
The Court expects stay motions to be brought as early as circumstances reasonably allow. Under the Federal Court's practice guidelines, urgent motions require an explanation of why the matter cannot proceed through the usual process. When a motion cannot reasonably be brought on at least three days' notice, special notification procedures apply.
Helpful materials often include:
The removal order and any direction to report.
Decisions from the Immigration and Refugee Board or other immigration authorities.
Records of earlier applications, appeals, or judicial reviews.
Evidence of the specific harm you say removal would cause.
Correspondence with immigration authorities about your removal.
A focused set of documents that speaks to the legal test is generally more useful than a large volume of material. A focused set of documents that speaks to the legal test is generally more useful than a large volume of material. We can review your records, identify evidence relevant to the stay requirements, and assess whether an urgent court application is appropriate.
Get Help From Our British Columbia Immigration Lawyers Today
A stay of removal can provide temporary protection while a judicial review proceeds, but it is not automatic and does not guarantee that the underlying decision will be overturned. If your removal date is approaching, obtaining legal advice promptly can help you understand which options remain available.
At Golden & Associates, we assist clients in Burnaby and across British Columbia with judicial review and removal matters. We can review your decision, procedural history, and evidence to explain what options may be available. Contact us today to discuss your removal order and whether requesting a Federal Court stay is appropriate in your case.