Stay of Removal — Pausing a Removal Order
A court or tribunal order that suspends the enforcement of a removal order. Can be granted by the Federal Court (in judicial review proceedings) or by the IAD (during appeals). Critical to obtain when removal is imminent and pending legal proceedings would be rendered moot.
What is a stay of removal?
A stay of removal suspends the enforcement of a removal order. It does NOT cancel the removal — it pauses it pending the outcome of related legal proceedings (typically a Federal Court judicial review or an IAD appeal).
Without a stay, CBSA can execute removal even while your legal challenge is pending — rendering the challenge moot.
Two main sources of stays
Federal Court Stay
- Granted in connection with a judicial review application
- Court considers the three-part test from RJR-MacDonald: (1) serious issue to be tried, (2) irreparable harm if removed, (3) balance of convenience
- Applied for as a motion within the JR application
- Lawyer-led; typically expensive and time-sensitive
IAD Stay
- Available during certain IAD appeals — particularly residence-obligation appeals
- Granted as part of the appeal proceedings
- Less formal than Federal Court process
Automatic Stays
Some statutory automatic stays exist:
- During a Pre-Removal Risk Assessment (PRRA) if the applicant is eligible
- During the time a refugee claim is pending at the RPD or RAD
- During the 15-day judicial-review filing window for certain decisions
When you need a stay
Time-critical scenarios:
- Removal scheduled within days/weeks
- Pending judicial review or appeal that could render removal pointless if successful
- New evidence emerging that warrants reconsideration
Halani's note
Stay motions are urgent litigation work — typically handled by lawyers. We work with experienced Federal Court immigration counsel when client circumstances require stay applications.
Not sure how Stay of Removal applies to your file?
Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.
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