Deferral and Stay Motions Canada
Facing removal in Canada can be a challenging and complex situation. The Canadian Border Services Agency (CBSA) holds the authority to initiate removals, making it crucial for individuals to understand their options.
When individuals receive a Direction to Report for removal, submitting a Deferral Application is a common step to delay the execution of the removal. The application is made by an individual facing removal from Canada to temporarily halt the removal process. The goal is to postpone the execution of a removal order for a specific period. This application is typically submitted to the Canada Border Services Agency (CBSA) or the Immigration Division, depending on the circumstances.
When submitting a deferral application, individuals must provide compelling reasons and supporting documentation to demonstrate why the removal should be deferred. The reasons may include humanitarian and compassionate grounds, pending immigration applications, medical conditions, family considerations, or any other circumstances that warrant special consideration.
It's crucial to carefully prepare and submit a comprehensive deferral application with all relevant details and supporting documents. Seeking legal advice or assistance is recommended to enhance the chances of a successful deferral. Keep in mind that a deferral is not a permanent solution but a temporary delay in the removal process.
Stay Motions at the Federal Court:
A Stay Motion at the Federal Court can temporarily halt their imminent removal. This legal strategy is employed when there is an underlying application for leave and judicial review pending, and proceeding with the removal before the resolution of these legal matters would cause irreparable harm. This harm may stem from the denial of a fair and meaningful opportunity to present a case or the enforcement of a removal order before the underlying legal matters are addressed.
Timing Considerations: Timing is critical when it comes to filing a Stay Motion. Individuals must act swiftly, especially when facing imminent removal dates. The urgency of the matter is a factor that the court considers when deciding whether to grant a stay. If there's a delay in filing, it may impact the court's decision.
Why you need an Immigration Lawyer from AKM Law
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. Lawyers undergo extensive legal education, ensuring they are equipped to handle intricate legal matters, and are held to ethical standards. This restriction aims to uphold professionalism, maintain court procedures, and protect the interests of individuals involved in legal proceedings. While immigration consultants have their role, legal representation at the Federal Court is reserved for lawyers to ensure the proper application of the law and uphold legal standards.