Call

Start the finder

Pathway finder

Appeal a removal order: I already have a removal date

Time-critical

Someone detained, or a removal date? Call the office now.

905-452-0348

Monday to Friday, 9:00 a.m. to 5:00 p.m. Outside office hours, leave a message at 905-452-0348 with your number, and say if someone is detained or has a removal date.

Routes people usually look at

  1. 1

    Call a lawyer today

    Time matters more than anything else here. Have the removal date letter and the removal order in front of you. The options below take days to prepare.

  2. 2

    Ask the CBSA to defer removal

    The Canada Border Services Agency (CBSA) carries out removals. You can ask the removal officer to delay the date. This is usually for a short time and for a clear reason. Examples are a decision that is still pending, or a child’s school year.

  3. 3

    Ask the Federal Court for a stay of removal

    A stay is a court order that pauses your removal while a case is decided. You first need a court case already filed, called an application for leave. For example, it could challenge the refusal to delay your removal. The judge asks three questions. Is there a serious issue? Would you suffer irreparable harm, meaning serious harm that cannot be undone later? And which side would be hurt more, you or the government? This last question is called the balance of convenience.

  4. 4

    A stay from the Immigration Appeal Division (IAD)

    If you already have an appeal there.
What’s usually involved
  1. Call a lawyer the same day you get the removal date.
  2. Send the CBSA a request to delay removal, with evidence.
  3. If the CBSA says no, file a leave application and a stay request in the Federal Court.
  4. Go to the stay hearing. It is often by phone or video, and on short notice.
  5. Keep following CBSA instructions while this happens.
Documents you’ll typically need
Timing

Removal can happen within days. A request to the Federal Court for a stay must be filed well before the removal date. Leave deadlines are usually 15 days for decisions made in Canada.

Common pitfalls
  • Waiting until the day before removal
  • Not reporting for removal, which can lead to arrest and detention
  • Asking for a stay without a leave application already filed
  • Weak proof of harm

This is general information, not legal advice about your situation.

Time-critical: call the office now

Monday to Friday, 9:00 a.m. to 5:00 p.m. Bring this summary. Consultations in English, Punjabi and Hindi.

Removal order appeals guideCall 905-452-0348Book a consultation
I am a permanent residentI am not a permanent resident
Call 905-452-0348Book