STAY OF REMOVAL | DEPORTATION
If you’re facing deportation from Canada and believe you have grounds to challenge the decision, you may have one final opportunity to halt your removal through a “stay” application at the Federal Court. This process temporarily suspends your deportation, allowing you to explore other immigration options that may be available.
Process for Seeking a Stay of Removal
Request Deferral from CBSA: Initially, you or your legal representative will formally request the Canada Border Services Agency (CBSA) to defer your removal.
Initiate Judicial Review: If no response is received or the request is refused, you’ll commence an application for leave and judicial review at the Federal Court to challenge the decision.
File Motion for Stay: Subsequently, you’ll file and argue a motion for a stay at the Federal Court of Canada, seeking to temporarily halt your removal.
Outcome of the Stay Application
Stay Refusal: If your motion is refused, deportation will proceed on the CBSA’s specified date.
Stay Granted: If the Federal Court judge grants your motion, you’ll be allowed to remain in Canada, often with specific conditions. These conditions are typically temporary and allow you to pursue existing immigration applications or fulfill specific requirements.
Legal Test for a Stay of Removal
During the court hearing, the judge will consider:
Seriousness of the Issue: Is there a substantial issue to be resolved?
Risk of Irreparable Harm: Would deportation cause irreparable harm to you?
Balance of Convenience: Which party would suffer the most harm if the stay is granted or refused?
Importance of Legal Representation
Stays of removal involve complex legal procedures and require extensive knowledge of immigration law. It’s crucial to seek assistance from experienced immigration lawyers to navigate this process effectively and increase your chances of success.
If granted, a stay is typically temporary and may be subject to certain conditions, especially if you have other pending applications. Contact us today to begin this process with a bright chance of success.
