When you are facing removal from Canada, everything suddenly becomes urgent. You may have received a Direction to Report from the Canada Border Services Agency (CBSA), been given a removal date, or told that you must leave Canada immediately. Whether you are a permanent resident, a foreign national, or someone who has been found inadmissible, the deportation process can move quickly once a removal order becomes enforceable.
For many individuals and families, this moment is terrifying. Removal can mean family separation, interruption of medical treatment, leaving during a child’s school year, or returning to a home country where there may be risk of physical harm, inhumane treatment, or concerns about human or international rights.
What many people do not realize is that even after an enforceable removal order is issued, there may still be legal avenues available. Two of the most important emergency remedies under Canadian immigration law are:
A deferral of removal request made to the Border Services Agency CBSA
A stay of removal filed at the Federal Court of Canada
Both can temporarily stop deportation. However, they are legally distinct tools with different decision-makers, legal tests, and purposes. Understanding the difference between a deferral and a stay motion is critical if you want to remain in Canada while pursuing further immigration applications, appeals, or judicial review.
Deferral and stay motions are time-sensitive and highly strategic. If you face deportation, you must act quickly and seek legal representation in a timely manner.
Types of Removal Orders in Canada
Before discussing a deferral of removal Canada or a stay motion, it is important to understand the types of removal orders issued under immigration law.
Canada issues three main types of removal orders:
Departure Order
A departure order requires an individual to leave Canada within 30 days after it becomes enforceable. If the individual does not comply and confirm departure with CBSA within that timeframe, it automatically becomes a deportation order.
Exclusion Order
An exclusion order requires that the individual leave Canada immediately and prohibits them from returning for a specified exclusion period. In most cases, the exclusion period is one year. If issued for misrepresentation, the exclusion period can be five years.
Deportation Order
A deportation order permanently bars an individual from returning to Canada unless they obtain an Authorization to Return to Canada (ARC). Individuals subject to a deportation order are permanently barred from re-entering Canada without formal authorization.
Each type of removal order carries different consequences for your future ability to re enter Canada. If removal is enforced, you may also face additional barriers when applying for permanent residence or other immigration applications.
How to Request a Deferral of Removal
Deferral of Removal Canada: What Is It?
A deferral of removal is a temporary measure granted by the Canada Border Services Agency (CBSA). It allows an individual to postpone deportation for compelling short-term reasons. It does not cancel the removal order. It does not overturn inadmissibility findings. It simply delays removal from Canada.
A deferral is often the first step when facing imminent removal.
When Is a Deferral Request Appropriate?
A deferral application may be appropriate when:
There is a pending judicial review application at the Federal Court
A Pre-Removal Risk Assessment (PRRA) is pending
A humanitarian and compassionate application has recently been filed
There are urgent medical procedures scheduled
Removal would disrupt a child’s school year
There are new country conditions
Travel documents are unavailable
There are exceptional circumstances such as family separation
Requests for deferrals must include strong supporting documentation. Examples include:
Medical certificates
School enrollment proof
Evidence of pending immigration applications
Community support letters
Documentation showing risk or hardship
The CBSA has limited discretion and generally grants deferrals only for compelling reasons. Officers must consider the best interests of a child and various factors when deciding whether removal should be postponed.
Administrative Deferral of Removal (ADR)
An Administrative Deferral of Removal (ADR) is different. It is imposed by the Minister of Public Safety or CBSA when there is a humanitarian crisis affecting an entire region. As of late 2025, ADRs are in place for regions such as:
Gaza Strip
Ukraine
Syria
Haiti
Sudan
An ADR is a temporary measure affecting broad country conditions. It is not individualized like a standard deferral request.
Stay Motions at the Federal Court
When a deferral request is refused, or when removal is imminent and there is an active judicial review application pending, the next legal strategy may involve filing a Stay Motion at the Federal Court of Canada.
A stay motion is a formal request asking the Federal Court to temporarily suspend removal while a judicial review application is being decided. Unlike a deferral request, which is decided by the CBSA, a stay motion is decided by a Federal Court judge.
Stay motions are complex and highly time-sensitive. The applicant must demonstrate three legal elements:
There is a serious issue to be tried in the judicial review.
The applicant would suffer irreparable harm if removed.
The balance of convenience favours granting the stay.
Irreparable harm may include:
Risk of persecution or cruel and unusual treatment
Serious medical consequences
Separation from dependent children
Loss of meaningful access to legal remedies
Timing is critical. Stay motions are often filed within days of a scheduled removal date. The Federal Court considers urgency when assessing the motion. Delays in filing can significantly weaken the argument.
If granted, the stay temporarily halts removal until the Federal Court makes a decision on the underlying judicial review application. If refused, removal can proceed immediately.
Only licensed lawyers may represent individuals before the Federal Court. Immigration consultants cannot appear before judges in stay proceedings. This is because Federal Court litigation requires detailed knowledge of court rules, legal procedure, evidence standards, and constitutional principles.
Deferral vs Stay Motion: Understanding the Difference
Both tools can temporarily stop deportation, but they are distinct.
Deferral of Removal | Stay of Removal |
|---|---|
Decided by CBSA enforcement officer | Decided by Federal Court judge |
Short-term temporary measure | Court-ordered suspension |
Based on compelling humanitarian reasons | Based on three-part legal test |
Does not require court application | Requires judicial review filing |
Lower procedural threshold | Strict legal threshold |
Often, the process works in stages:
Individual faces deportation
Submits deferral request to CBSA
If refused, files judicial review at Federal Court
Files stay motion to halt removal
Alternatively, if a PRRA or Refugee Protection Division decision is refused, a judicial review may be filed directly with a stay motion.
Sometimes you need both. Sometimes one is sufficient. Strategic assessment is critical.
Why Choose AKM Law for Your Deferral of Removal and Stay Motions?
Only lawyers are permitted to represent individuals at the Federal Court during removal proceedings. Immigration consultants are not allowed to appear in front of judges. The restriction on allowing only lawyers to represent applicants at the Federal Court in immigration matters is based on various factors. Legal complexity, adherence to professional standards, knowledge of court rules, advocacy skills, client protection, and the importance of legal privilege contribute to this limitation.
Frequently Asked Questions
Who decides a deferral of removal request?
A deferral of removal request is decided by an enforcement officer at the Canada Border Services Agency (CBSA). The officer assigned to your file reviews your written submissions and supporting evidence. They must consider relevant humanitarian factors, pending applications, and risk elements. However, the CBSA is also legally obligated to enforce removal orders promptly, which means the standard for granting a deferral is strict.
If a deferral request is refused, the refusal itself may sometimes be challenged at the Federal Court through judicial review.
What reasons can support a deferral of removal?
Strong reasons supporting a deferral may include:
A pending judicial review application
A pending Pre-Removal Risk Assessment (PRRA)
Newly submitted humanitarian and compassionate application
Serious medical conditions
Best interests of Canadian citizen children
Sudden country conditions such as armed conflict or humanitarian crisis
Inability to obtain travel documents
Administrative errors in the removal process
Each case depends on its facts. The stronger and more well-documented the evidence, the higher the likelihood of temporary relief.
Does a deferral of removal stop deportation permanently?
No. A deferral of removal does not permanently stop deportation. It only postpones removal for a limited period. Once the deferral period expires, the CBSA can resume enforcement unless another legal remedy is in place.
Permanent protection requires a successful appeal, judicial review, PRRA decision, or humanitarian approval. A deferral is best understood as a temporary legal pause, not a cancellation of the removal order.
What happens if a deferral is refused?
If a CBSA officer denies a deferral request, you may file a judicial review at the Federal Court and seek a stay of removal.
Can I re-enter Canada after deportation?
If you are subject to a deportation order, you must apply for an Authorization to Return to Canada (ARC). Approval requires strong evidence and is not automatic.
This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.
