Immigration Law

A stay of removal order is a temporary suspension of an existing removal order issued against a non-citizen by immigration authorities in Canada. This important legal tool effectively halts the enforcement of the removal order, allowing the individual to remain in Canada for a specified period while pursuing other legal remedies or immigration applications. 

A stay of removal order Canada provides crucial relief by preventing deportation or forced removal, giving the person time to explore options such as applying for permanent residency or filing an appeal against the removal order. Typically, an application for stay of removal is granted under strict conditions, which may include maintaining good conduct, periodic reporting to the Canada Border Services Agency (CBSA), and other court-imposed requirements. These stay removal order requests can be issued by either the Federal Court of Canada or the Immigration Appeal Division (IAD). 

It is important to note that a stay of removal order suspends the enforcement of the removal order but does not cancel it. Depending on the circumstances, the stay can be extended, revoked, or may ultimately lead to the cancellation of the removal order, allowing the individual to remain in Canada legally and pursue a more permanent immigration status.

Non-citizens in Canada may be issued three different types of removal orders, each with distinct legal consequences:

Removal orders in Canada can be issued under a variety of circumstances, often placing non-citizens at risk of deportation or forced removal. One of the most common reasons includes individuals whose asylum or refugee claims have been rejected, rendering them ineligible to remain in Canada. Similarly, removal orders may also be issued to those who overstay or violate the terms of their visitor or work visas, making them non-compliant with Canadian immigration regulations.

Other triggering factors for a stay of removal order Canada include the refusal of a permanent residency application submitted from within Canada, or criminal convictions that lead to inadmissibility. In some cases, security-related concerns or misrepresentation in immigration applications can also result in the issuance of a removal order. If you or a loved one are facing these circumstances, it may be critical to file an application for stay of removal promptly to halt deportation and explore your legal alternatives with experienced immigration counsel.

If you have been served with a removal order and want to avoid deportation, one potential avenue is to apply for a stay of removal order. This is a formal legal request made to halt your removal temporarily while you pursue other immigration options or legal remedies.

Why Apply for a Stay of Removal?

• To prevent imminent deportation.
• To allow time for ongoing immigration applications or appeals.
• To protect vulnerable family members, such as children, or prevent serious harm upon removal.
• To maintain status legally while challenging the removal order.

Legal Grounds for Stay of Removal Applications

Stay applications to the Federal Court or Immigration Appeal Division usually rest on several grounds, including:

• Risk of irreparable harm if removal proceeds.
• Existence of a serious issue to be tried in underlying proceedings.
• The balance of convenience favors granting the stay.
• In the best interests of any children involved.
• Humanitarian and compassionate grounds.

The process for obtaining a stay of removal order can be urgent and complex, often requiring immediate legal action to prevent imminent deportation. It generally involves the following key steps:

Step 1: Request a Deferral of Removal from the CBSA

You or your legal counsel must make a formal request to the Canada Border Services Agency (CBSA) asking to defer or delay your removal. This request is often time-sensitive and may not always receive an immediate response.

Step 2: File for Leave and Judicial Review

If the CBSA refuses to defer removal or does not respond in time, the next step is to file an application for leave and judicial review at the Federal Court of Canada. This challenges the refusal or inaction of the CBSA.

Step 3: Motion for a Stay at the Federal Court

Simultaneously or following the leave application, your lawyer will file a motion for a stay of removal with the Federal Court. This legal motion asks the court to temporarily halt your removal while your case is being reviewed.

When reviewing an application for stay of removal, the Federal Court of Canada applies a rigorous three-part legal test to determine whether a stay removal order should be granted. The first element, known as a Serious Issue to be Tried, requires the applicant to present a credible and arguable case that challenges either the legality or the substantive merits of the removal order. This step ensures that frivolous claims are filtered out and that only genuine legal disputes proceed.

The second component, Irreparable Harm, examines whether the applicant would face harm that cannot be adequately remedied by financial compensation—such as persecution, family separation, or severe health consequences—if removed from Canada. Finally, the Balance of Convenience assesses whether the potential harm to the individual if the stay of removal order Canada is denied outweighs any negative impact on the government should the stay be granted. The Court carefully evaluates all three criteria to promote justice, prevent undue hardship, and ensure that the enforcement of removal orders does not violate legal or human rights standards.

When an application for stay of removal is considered by the Federal Court or the Immigration Appeal Division (IAD), several outcomes are possible depending on the circumstances and evidence presented. If the stay of removal order Canada is granted, the individual is permitted to remain in Canada temporarily. However, this permission typically comes with strict conditions, such as maintaining good behavior, reporting regularly to the Canada Border Services Agency (CBSA), or actively pursuing pending immigration applications.

In contrast, if the stay removal order is denied, the removal process proceeds as scheduled, and the individual must leave Canada. In some cases, a stay may be extended following a subsequent hearing or review, especially if new facts arise or existing conditions are being met satisfactorily. In rare but significant instances, the removal order may be fully cancelled—effectively allowing the individual to remain in Canada indefinitely. This outcome usually reflects a combination of exceptional humanitarian factors and legal merit.

When a stay of removal order Canada is granted, it is rarely unconditional. The individual is typically required to comply with a range of court-imposed obligations designed to ensure accountability during the suspension period. Common conditions include maintaining good behaviour, adhering to all Canadian laws, and refraining from any further criminal activity. The person must also report regularly to the Canada Border Services Agency (CBSA) and notify them of any changes in their residential address.

Additionally, the person may be required to seek and maintain employment or demonstrate meaningful efforts toward economic stability. In some cases, further conditions specific to the individual’s situation may also apply. Failure to adhere to any of these conditions can result in serious consequences, including the immediate lifting of the stay of removal and enforcement of the original removal order. Therefore, strict compliance is critical for those seeking to remain in Canada under a stay removal order.

Navigating stay of removal applications is a complex legal challenge that requires experienced guidance. The stakes are incredibly high, as a mistake can lead to deportation, separation from family, and loss of opportunities in Canada.

At Affinity Law, our Toronto-based immigration lawyers:

• Provide expert legal advice tailored to your unique case.
• Understand the nuances of Canadian immigration law and court procedures.
• Strategically prepare and file compelling applications and motions.
• Advocate aggressively on your behalf during court hearings.
• Help explore alternative immigration pathways and remedies.
• Support you through every step of the process with personalized attention.

A stay of removal application can be your last chance to prevent deportation and protect your future in Canada. The process is time-sensitive and legally complex, making it critical to have skilled and knowledgeable immigration lawyers by your side.

At Affinity Law, we are dedicated to helping you navigate the stay of removal process with diligence, professionalism, and personalized care. Contact our Toronto office today to schedule a consultation. Let us help you fight to remain in Canada and secure your legal status.