Removal order and stay of removal

Have you been given a removal date from Canada by the Canada Border Services Agency (CBSA)?

When a removal is imminent, several legal steps can be taken to ask that it be suspended. Depending on the circumstances of the file, it may be possible to ask the CBSA for an administrative deferral, or to bring a motion before the Federal Court for a stay of the removal order.

Motion for a stay before the Federal Court

A motion for a stay seeks to suspend the removal temporarily, until the Federal Court can rule on an application for judicial review or on another underlying proceeding.

To obtain a stay, three elements must generally be established:

• that there is a serious issue to be tried
• that irreparable harm would follow if the removal were carried out

that the balance of convenience favours the applicant

Preparing a motion for a stay calls for a rigorous analysis of the facts, of the risks alleged, of the evidence available and of the steps already taken. Because the time available is often very short, it is essential to act as soon as a removal date is known.

Administrative deferral request to the CBSA

Before turning to the Federal Court, it may be possible to ask the CBSA to defer the removal administratively.

Such a request must be supported by serious grounds and by relevant evidence. The CBSA's discretion is limited, however, since removal officers are generally required to carry out removal orders as soon as reasonably practicable.

An urgent step

A stay request must be prepared and filed as quickly as possible. The Federal Court expects the person concerned to act diligently from the moment they learn the date set for their removal.

Our firm can assist you in particular to:

• review your situation and the remedies available to you
• prepare an administrative deferral request to the CBSA
• file an application for judicial review
• prepare and argue an urgent motion for a stay before the Federal Court
• assess whether you are eligible for a Pre-Removal Risk Assessment
• consider, in appropriate files, a petition to a United Nations committee

If a removal date has already been set, contact us without delay so that we can assess what can still be done.