A removal deferral request asks CBSA to postpone enforcement for a limited period. It is not an appeal and does not automatically create a stay. The request should be made promptly and supported by focused evidence tied to circumstances CBSA can lawfully consider.
Issues that may require assessment
- Short-term risk or significant developments arising after earlier proceedings
- Best interests of directly affected children
- Serious medical, travel or practical impediments
- An imminent decision in another proceeding where the timing is legally relevant
- Exceptional short-term circumstances connected to removal arrangements
Deferral is different from a country-wide ADR or TSR
A case-specific deferral request should not be confused with an Administrative Deferral of Removal or Temporary Suspension of Removal. CBSA currently maintains ADRs and TSRs for specified countries or regions where general conditions meet the government’s criteria. These measures can change and do not benefit every person, including certain people with serious inadmissibility.
Urgent Federal Court issues
If CBSA refuses a deferral and removal remains imminent, Federal Court relief may need to be assessed immediately by a lawyer authorized to practise before the Court. A deferral request alone does not guarantee that CBSA will postpone removal.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.