GLOBE IMMIGRATION

Administrative Deferral and Temporary Suspension of Removals

Certain individuals may benefit from Administrative Deferral of Removals (ADR) or Temporary Suspension of Removals (TSR), or even statutory stays of their removal from Canada.

Administrative Deferral of Removals (ADR)

ADR is a temporary measure used in situations requiring immediate action to defer removals, typically during humanitarian crises. It provides a short-term delay in removal proceedings.

Temporary Suspension of Removals (TSR)

TSR interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflicts or environmental disasters.

Statutory Stays

Individuals not allowed into Canada due to serious criminality, human rights violations, organized crime, or security grounds may still face removal despite ADR or TSR measures.

In cases without statutory stays, options to halt removal or deportation from Canada are limited.

Deferral Requests

If a removal date is set, individuals can submit a request to defer their removal to the Canada Border Services Agency. They must demonstrate compelling or exigent personal circumstances warranting deferral, such as irreparable harm or direct impact on a child’s interests. However, officers’ discretionary powers for deferral are limited.

Judicial Stays at the Federal Court

If unsuccessful with deferral requests, individuals may seek judicial stays at the Federal Court to prevent removal execution until legal proceedings conclude. Matters litigated in court, including refusal of deferral requests, can serve as the basis for such stays.

If you have a removal date scheduled and are considering a deferral request, we recommend booking a consultation with us to discuss your case.

Please note that this information is general and not intended as legal advice.