If you are a permanent resident of Canada and have received a removal or deportation order, your situation is extremely serious:

• A permanent resident loses PR status when the removal order comes into force, which may depend on whether there is a right of appeal and whether an appeal was filed. Once the order is enforceable, CBSA may take steps to remove the person.

Here’s what happens based on your immigration background:

🛂 If you were granted refugee status before becoming a permanent resident:

• Refugee protection and the rules against returning a person to danger may affect whether removal can proceed. Exceptions can apply, so we review whether the person’s protection remains in force and what decisions CBSA must make before removal.

📄 If you became a PR through another stream (e.g., Express Entry, family sponsorship, work/study permits):

• If your deportation order is based on serious criminality, you may not have the right to appeal to the Immigration Appeal Division (IAD).

• If you do have a right of appeal, it is critical to retain a lawyer to maximize your chances of success at the IAD.

• If you don’t have an appeal right, and you possess a valid passport, CBSA can remove you from Canada.

📌 You may still have options:

• A humanitarian and compassionate (H&C) application may be possible, but filing it does not stop removal. A separate request to CBSA or a Federal Court stay may be necessary.

It may be possible to stop or postpone removal, but you must act quickly.

If you've received a removal order or deportation notice from CBSA, you still have legal options. You may be eligible to apply to the Federal Court of Canada for a stay of removal—a legal order that pauses your deportation while your case is reviewed.

⚠️ But stopping a removal is not automatic. You need a strong legal basis, and the Court applies a strict legal test:

1. Is your case serious enough to deserve a hearing?

2. Will you suffer irreparable harm if you're removed?

3. Does the balance of convenience favour letting you stay in Canada?

Only an experienced immigration deportation lawyer knows how to present this properly—and fast. Last-minute applications often fail because they are rushed or incomplete.

At Lawgical Law Corporation, we’ve won over 100 stays of removal for clients across Canada. Whether you're a permanent resident, refused refugee claimant, or foreign national, we know how to fight your removal and give you the best chance to stay.

At Lawgical Law Corporation, we are trusted leaders in stopping deportation from Canada. We focus on urgent removal cases and have successfully fought over 100+ removal orders across the country.

Whether you’re a permanent resident facing deportation for criminality, or a refused refugee claimant with a removal date, we know how to build effective legal strategies that work under pressure.

✅ We specialize in:

• Stay of removal motions at the Federal Court

• Deferral request submissions to CBSA

• Judicial review applications challenging unfair decisions

• Complex humanitarian and compassionate submissions under tight deadlines

We’ve stopped deportations for clients from all over the world—no matter how complicated the case.

We serve clients in Abbotsford, Surrey, Vancouver, and across every province and territory in Canada through phone and video appointments.

You may seek a stay of removal in Federal Court in connection with an underlying court proceeding, such as a judicial review of a refused deferral or PRRA decision. The stay is a separate request and must meet the Court’s legal test.

There are two common ways to trigger the stay process:

1. Deferral Request Refused by CBSA

If you ask Canada Border Services Agency (CBSA) to delay your removal (called a “deferral request”) and they refuse, you can apply to the Federal Court to have that decision reviewed. At the same time, you can file a motion for a stay of removal to stop your deportation while the case is being decided.

Grounds for a deferral request may include:

• A pending humanitarian and compassionate (H&C) or spousal sponsorship application

• Upcoming medical procedures, childbirth, or caregiving duties

• Other compassionate or temporary reasons requiring you to stay in Canada

2. PRRA Refusal or Judicial Review in Progress

If you’ve already filed for judicial review of a Pre-Removal Risk Assessment (PRRA) or another immigration refusal, you can apply directly to the Court for a stay.

In both cases, you’ll need to show:

• That your case raises a serious issue

• That you’ll suffer irreparable harm if removed

• That the balance of convenience favors stopping the removal

These arguments must be properly drafted and supported by sworn affidavits and legal submissions. The stakes are high, and the timeline is tight—don’t attempt this without experienced legal help.

Yes, you can—but timing is critical.

If the Canada Border Services Agency (CBSA) has given you a removal date, you can request a deferral, which means asking them to pause your removal temporarily.

Step 1: Ask CBSA for a Deferral

You must provide short-term reasons why your removal should be delayed. Common examples include:

• A pending immigration application (such as spousal sponsorship or humanitarian and compassionate grounds)

• A medical condition or upcoming medical treatment

• The need to provide care or support to a family member

• An upcoming birth or other urgent family event

CBSA will consider your request but may deny it. If they do, don’t panic—you still have options.

Step 2: Apply for a Stay of Removal from the Federal Court

If CBSA refuses to defer your removal, we can take your case to the Federal Court of Canada and file a stay of removal motion. This is a legal request to pause your removal while the Court decides if your case should proceed.

The Court will consider three key things:

1. Whether your case raises a serious legal issue

2. Whether you would suffer irreparable harm if removed

3. Whether the balance of convenience favors delaying your removal

⏱️ Act fast—Federal Court motions require preparation and time. If you wait until the last few days, it may be too late for the Court to hear your case.

Our team is experienced in emergency stay applications. We’ve helped people across Canada stop removals—even at the last minute.

A PRRA refusal and removal date may leave an urgent option to seek judicial review and ask the Federal Court for a stay. A stay is not automatic.

Depending on your circumstances, the next step may be:

✅ File for Judicial Review and a Stay of Removal

If your PRRA was refused, you can:

1. File a Judicial Review with the Federal Court to challenge the decision.

2. File a Stay of Removal motion at the same time to stop your removal while the Court decides your case.

You do not need to ask CBSA for a deferral in this scenario — you can go directly to court.

Why This Matters

The Federal Court often views stay applications related to PRRA refusals more favorably, especially if:

• You’ve raised strong arguments about the risks you face

• The PRRA decision was rushed or ignored key evidence

• You’re at immediate risk of being deported to a dangerous situation

Our team has helped many clients get their removals stopped after a PRRA refusal — and we’ve also won judicial reviews of the PRRA itself, giving clients a second chance to prove their case.

A pending spousal sponsorship or humanitarian and compassionate application does not, by itself, stop removal. A separate deferral or court stay may be needed.

🛑 Step 1: Ask CBSA for a Deferral

Your first step is to ask the Canada Border Services Agency (CBSA) to defer (pause) your removal. The idea is to give Immigration, Refugees and Citizenship Canada (IRCC) time to make a decision on your sponsorship or H&C application before you are removed.

CBSA will look at:

• Whether your application is far along in processing

• Whether removal would cause harm or hardship

• Whether there are compassionate reasons to wait

A strong submission from an experienced lawyer can make all the difference here.

🏛 Step 2: File for a Stay of Removal if CBSA Refuses

If CBSA refuses to defer removal, we can assess whether there are grounds to seek judicial review of that decision and request an urgent Federal Court stay. A stay, if granted, temporarily pauses removal while the relevant court proceeding continues; it does not guarantee that IRCC will decide the underlying sponsorship or H&C application first.

We will argue:

• That your application deserves to be decided

• That removal would cause irreparable harm

• That it’s in the interest of justice to let you stay

When facing a removal order, you have the right to ask the Canada Border Services Agency (CBSA) to defer your removal. This is a temporary pause to give you time to resolve your immigration situation.

Common Reasons CBSA May Defer a Removal:

• 🧾 You are waiting for a decision on a spousal sponsorship or humanitarian (H&C) application.

• 🏥 You or a family member is dealing with a medical emergency or requires essential care or support.

• 👶 You are expecting the birth of a child, or need to be present for a significant family event.

• 📋 You need more time to prepare for your removal or to finalize legal matters.

How to Request a Deferral

A deferral request must be:

• Made in writing to CBSA

• Accompanied by strong supporting documents

• Clearly argue why your removal should be delayed

We prepare customized deferral packages that highlight the compassionate and legal reasons CBSA should delay your removal.

If CBSA denies the deferral, we’re ready to go to the Federal Court and file a stay of removal on your behalf—sometimes within 24 hours.

We understand how stressful and uncertain facing removal from Canada can be. Over the years, we’ve helped numerous clients successfully stop their removals and secure their right to stay in the country.

Below, we’ve provided a few examples of real cases where our firm made a difference, showing how a strategic and experienced approach can turn even the toughest situations around.

These cases highlight the importance of having skilled representation and remind us that every situation is unique.

• Rana v. Canada (Citizenship and Immigration), 2021 CanLII 134610 (FC)

In this case, our client was a foreign national living in Canada while her husband resided in the United States. The court recognized that she faced the same risks as her husband and granted her the right to stay in Canada temporarily. This gave her valuable time to make the necessary arrangements before joining her husband in the U.S. Thanks to our careful legal strategy, she was able to remain in Canada until she could safely reunite with her spouse, without the pressure of immediate removal.

• Casas Castillo v. Canada (Public Safety and Emergency Preparedness), 2022 FC 1806 (CanLII)

In this case, our client arrived in Canada and was instructed by CBSA to return to the airport. During her return, she was subjected to an unfair interview process, which resulted in a removal order being issued against her. We successfully demonstrated to the court that the decision was unjust, and as a result, a stay of removal was granted. This allowed our client to remain in Canada while the situation was properly addressed, giving her the fair treatment she deserved.

• Varela Sanchez v. Canada (Public Safety and Emergency Preparedness), 2024 CanLII 97944 (FC)

In this case, our client was facing removal to his home country but requested a deferral to stay in Canada with his wife, a Canadian citizen, who was expecting their baby in a few months. His wife had long-standing mental health challenges and relied on his support for a safe and healthy birth. The court not only granted a stay of removal, allowing him to remain in Canada, but also ordered the Department of Justice to compensate our client. The court found that the CBSA officer had deliberately acted in a way that unfairly prejudiced him. This victory gave our client the chance to stay by his wife’s side during this critical time.

• Singh v. Canada (Public Safety and Emergency Preparedness), 2023 CanLII 110972 (FC)

In this case, our client was a peaceful supporter of Khalistan living in Canada, but he received an unfair PRRA refusal that ignored crucial evidence showing he would be at risk if returned to India. We argued before the court that the officer handling his case had unjustly overlooked key pieces of evidence, and the court agreed that our argument had merit. As a result, the court granted a stay of removal. Thanks to our efforts, our client was able to remain in Canada, stay safe, and continue pursuing his appeal of the refused PRRA.

• Nouanje v. Canada (Public Safety and Emergency Preparedness), 2024 CanLII 111163 (FC)

Our client had been under a removal order for over 10 years but could not be removed from Canada. In 2024, the CBSA took steps to remove him, which raised concerns about his safety if returned to Cameroon. To avoid removal, he fled to the United States, but he was returned to Canada and placed in immigration detention.

The client feared persecution in Cameroon because authorities were allegedly seeking him due to his political activities in Canada. Although he provided evidence supporting this claim, the CBSA refused to defer his removal to allow him to submit a new PRRA application.

Through our firm’s efforts, the client was granted a stay of removal and given another opportunity to have his risk assessed in Canada.