Immigration Detention and Challenging Removal Orders
Immigration Detention Reviews | Removal Order Appeals | Stay of Removal | Deferral Requests
Immigration enforcement matters can arise suddenly. Individuals facing detention or removal may have limited but critical legal options available to challenge enforcement actions, seek release, or defer removal. These processes are governed by strict legal standards and timelines and require careful strategic decision-making. At Summit Point Law, we assist clients in navigating immigration detention reviews, removal order appeals, stays of removal, and deferral requests.
Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.
Immigration Detention Reviews
Immigration detention occurs when an individual is detained by Canadian immigration authorities. Detention may arise in various circumstances, including where an officer believes a person is unlikely to appear for immigration proceedings, poses a danger to the public, or where identity cannot be satisfactorily established.
Individuals held in immigration detention are entitled to regular detention reviews before the Immigration and Refugee Board of Canada. At these hearings, the decision-maker assesses whether continued detention is justified or whether release is appropriate, potentially with conditions. Detention decisions are fact-specific and can involve complex considerations related to risk, compliance history, identity, and available alternatives to detention.
At Summit Point Law, we assist clients who are detained under immigration law by providing representation at detention review hearings and advising on release strategies. We prepare focused submissions and advocate for reasonable alternatives to detention where appropriate.
Removal Order Appeals
A removal order is a decision requiring an individual to leave Canada. Depending on the circumstances, a removal order may be appealable to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. Appeals must be filed within strict timelines, and not all removal orders carry a right of appeal.
An appeal may involve legal errors, factual findings, or humanitarian and compassionate considerations, including the individual’s establishment in Canada, family ties, the best interests of any affected children, and the seriousness of the issues leading to removal.
At Summit Point Law, we assist clients in determining whether a removal order can be appealed and in navigating the appeal process where a right of appeal exists. We assess the underlying decision, advise on appeal eligibility and timelines, and prepare clear, well-supported submissions.
Stay of Removal
A stay of removal is a court-ordered suspension of a removal order that temporarily prevents an individual from being removed from Canada. Stays are commonly sought in urgent situations where removal is imminent and an underlying legal proceeding, such as a judicial review, has been initiated.
Stay of removal motions are time-sensitive and require strong legal and evidentiary support. The Federal Court assesses whether a stay should be granted based on the motion record and applicable legal criteria. These motions often involve complex factual records and must be prepared and filed on an expedited basis.
At Summit Point Law, we assist clients in assessing whether a stay of removal is appropriate and in preparing urgent, well-supported stay motions. We work closely with clients to gather evidence, prepare affidavits, and advance focused legal arguments.
Deferral Requests
A deferral request is a request made to the Canada Border Services Agency (CBSA) asking that a scheduled removal be temporarily postponed. Deferral requests are typically made where removal is imminent and there are relevant legal or humanitarian factors that warrant a short delay.
Deferral requests are discretionary and are assessed by a CBSA officer based on the specific facts of the case. They are not a substitute for a stay of removal granted by the Federal Court and do not permanently prevent removal. However, in appropriate cases, a deferral may provide the necessary time for pending matters to be addressed.
At Summit Point Law, we assist clients in assessing whether a deferral request is appropriate and in preparing clear, focused submissions to CBSA. We review the enforcement history, identify relevant factors, and prepare written requests supported by evidence explaining why a temporary postponement of removal is warranted.