Removal from Canada does not always mean the process is over. In certain urgent situations, it may be possible to request that removal be temporarily paused while legal issues are reviewed.
A Deferral of Removal or a Stay Motion may allow an individual facing deportation to seek additional time where there are serious legal concerns, humanitarian considerations, or ongoing court proceedings.
These requests are highly time-sensitive and require careful legal preparation. Immigration officers and the Federal Court apply strict legal tests, and decisions are often made under urgent timelines.
At Fouad Legal, we prepare structured legal submissions designed to address the legal criteria decision-makers rely on when assessing requests to delay removal.
What a Deferral or Stay Motion Is
A Deferral of Removal is a request made to the Canada Border Services Agency (CBSA) asking that a scheduled removal be postponed due to new or exceptional circumstances.
A Stay Motion is a request made to the Federal Court asking the court to temporarily stop removal while a judicial review of an immigration decision is being considered.
If granted, a stay allows the individual to remain in Canada until the court determines whether the underlying decision should proceed to a full judicial review.
Who This Application Is For
A Deferral or Stay Motion may be appropriate for individuals who:
✔ Have received a removal order and face imminent deportation
✔ Have filed or intend to file a judicial review at the Federal Court
✔ Face serious risks if returned to their country of origin
✔ Have new circumstances that were not previously considered
✔ Need time for a pending immigration application or legal process
✔ Believe removal would cause significant humanitarian hardship
A consultation can help determine whether a deferral request or stay motion may be available.
Where These Requests Often Go Wrong
Deferral requests and stay motions are frequently unsuccessful due to issues such as:
✔ Filing the request too late before the scheduled removal date
✔ Insufficient evidence supporting claims of risk or hardship
✔ Failure to meet the legal test for irreparable harm
✔ Incomplete documentation supporting the request
✔ Legal arguments that do not address the court’s decision framework
Careful preparation is essential when dealing with urgent removal proceedings.
Our Strategic Approach
We begin with a careful assessment of the legal basis for requesting a deferral or stay of removal.
From there, we prepare structured submissions designed to address the factors decision-makers must consider, including:
✔ Whether the case raises a serious legal issue
✔ Whether removal would cause irreparable harm
✔ Whether the balance of convenience supports delaying removal
✔ Whether new circumstances justify reconsideration of removal
Our submissions are organized to present the strongest possible legal and factual foundation for delaying removal where appropriate.
What Evidence Matters
Requests to delay removal rely heavily on clear and credible supporting documentation. Evidence may include:
✔ Documentation supporting risk or humanitarian concerns
✔ Evidence of pending court proceedings or legal applications
✔ Medical or psychological reports where relevant
✔ Country condition documentation
✔ Structured legal submissions connecting the evidence to the legal test
Strong documentation is essential to support requests made under urgent timelines.
Thinking Beyond the Immediate Decision
Removal proceedings often occur quickly, leaving little time to assess available legal options. However, depending on the circumstances, there may still be legal pathways available to temporarily stop removal while important issues are reviewed.
Without careful preparation, these opportunities may be lost.
We take a proactive approach by identifying legal options early and preparing structured submissions designed to address the legal thresholds required to delay removal where appropriate.
Start With a Consultation
If you have received a removal order or believe removal from Canada may be imminent, seeking legal guidance as early as possible is critical.
A consultation allows us to quickly assess your situation and determine whether a deferral request, stay motion, or another legal option may be available.
What to Expect
During your consultation, one of our staff will carefully review your situation, explain the applicable law, and outline your options. We believe in providing honest, clear advice so you can make informed decisions.
Personalized assessment of your case
Clear explanation of your options
Honest evaluation of success likelihood
Detailed overview of costs and timeline
No obligation to proceed
Consultation Options
Video Conference
Connect with us from anywhere via secure video call.
Phone
Discuss your case over the phone at a time that suits you.
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