Facing Removal from Canada? Understanding Stay of Removal Motions

For individuals facing removal from Canada, the circumstances are often urgent and stressful. In many situations, individuals may have ongoing immigration proceedings or judicial review applications before the Federal Court that could directly affect their legal status. To ensure that removal does not occur before these matters are resolved, an application may be made to the Federal Court of Canada for a stay of removal.

What Is a Stay of Removal?

A stay of removal is an order issued by the Federal Court that temporarily suspends the enforcement of a removal order by the Canada Border Services Agency (CBSA).

The purpose of a stay is to prevent removal until the Court has rendered a decision on the underlying legal proceedings, such as an application for leave and judicial review. It is important to note that a stay does not cancel or invalidate a removal order. Rather, it simply pauses enforcement while the Court considers the related matter.

When Can a Stay Be Sought?

A motion for a stay of removal is typically brought when (a) an individual is facing imminent removal from Canada; and (b) there is a pending legal proceeding, most often an application for leave and judicial review, that could impact the individual’s immigration status.

Because removals are often scheduled on short notice, stay motions are highly time-sensitive and may need to be prepared and argued on an urgent basis.

What Happens if a Stay of Removal Is Granted or Denied?

If the Federal Court denies the motion for a stay, CBSA may proceed with removal as scheduled. If the Federal Court grants the stay, CBSA cannot remove the individual from Canada until the underlying proceeding has been decided or as the Court directs otherwise. 

If the Federal Court denies the motion for a stay, the CBSA may proceed with removal as scheduled. If the Court grants the stay, CBSA is prohibited from removing the individual from Canada until the underlying proceeding has been decided, or as otherwise directed by the Court.

It is important to note that a stay of removal is temporary. If you have received removal instructions from the CBSA, obtaining timely legal advice is essential. We encourage you to contact our office today to discuss your options and determine the best path forward.