Can CBSA Removal From Canada Be Stopped or Deferred?
· Harjeet Arora, RCIC-IRB
A scheduled removal does not mean that every case has a legal mechanism to stop removal, but some cases raise remedies that require immediate assessment. The correct route depends on the removal order, immigration history, outstanding proceedings, risk evidence and deadlines.
Removal deferral request
A person may ask CBSA to defer removal in appropriate circumstances. A deferral request must be grounded in relevant facts and law; it is not an automatic appeal from the removal order.
PRRA
Where a person is eligible for a Pre-Removal Risk Assessment, the effect on removal depends on the statutory circumstances and the stage of the process.
IAD appeal
Some removal orders affecting permanent residents or protected persons can be appealed to the Immigration Appeal Division, subject to statutory restrictions. See Removal Order Appeals.
Federal Court stay
A Federal Court stay is different from a CBSA deferral. Federal Court relief may also be available through FDI, depending on the circumstances.
Act before the removal date
Urgent matters require the actual CBSA documents and procedural history. See Removal Deferral Requests and Removal Orders & Deportation. Our guide to removal deferral and a Federal Court stay explains the distinction between those remedies.
What counsel needs for an urgent assessment
Provide the removal order, CBSA reporting or removal notice, travel-document correspondence, prior refugee and PRRA decisions, and details of any pending proceedings. Evidence of a new development should be dated and supported. A request to CBSA does not by itself guarantee that removal will be postponed.
Arrange an urgent case review.
General information only. No remedy or stay is guaranteed.