Immigration and Refugee Law
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Receiving a removal date from the Canada Border Services Agency (CBSA) is one of the most stressful moments in an immigration matter. If you believe the decision that led to removal was wrong, you may be able to ask the Federal Court of Canada for a stay of removal: a temporary order that pauses your removal while the Court looks at your case.
This guide explains, in plain language, what a stay of removal is, when the law already stops removal automatically, the three-part test the Court applies, and the practical steps people take. It covers federal law only.
Last updated: November 6, 2026
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This short explainer walks through what a stay of removal is, the automatic stays, the three-part test and the practical steps. Prefer to read? The full guide continues below.
A stay of removal is a temporary court order that stops the CBSA from removing (deporting) a person from Canada for a period of time. The Federal Court makes this order on a motion, which is a request made inside a court case that has already started.
A stay does not cancel the removal order and does not decide the immigration case. It only pauses removal while the Court deals with the person’s application for leave and judicial review.
A stay may be relevant to people in Canada who have a removal order that is enforceable, for example after a refused refugee claim, a negative pre-removal risk assessment (PRRA), a refused humanitarian and compassionate application, or a refused request to the CBSA to defer (postpone) removal.
Under section 48 of the Immigration and Refugee Protection Act (IRPA), a removal order is enforceable if it is in force and not stayed, and an enforceable order must be carried out “as soon as possible”. That is why timing matters so much.
The Federal Court’s power to make interim orders comes from section 18.2 of the Federal Courts Act. That power exists only while there is a judicial review application before the Court.
Under section 72 of IRPA, judicial review of an immigration decision starts with an application for leave (permission). The deadline is generally 15 days after the decision for a matter arising in Canada, and 60 days for a matter arising outside Canada. Filing the leave application does not, by itself, stop removal. A separate stay is needed unless the law provides an automatic stay. You can read more about this process on our immigration judicial reviews page.
Some situations come with an automatic stay set out in the Immigration and Refugee Protection Regulations:
Section 50 of IRPA lists other situations where a removal order is stayed, such as a stay imposed by a court or by the Immigration Appeal Division. If no automatic stay applies, a person who wants to stay in Canada while the Court reviews the case must bring a stay motion.
The Federal Court applies a three-part test from Toth v. Canada (Minister of Employment and Immigration) (1988, Federal Court of Appeal) and RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR 311. The person asking for the stay must show all three:
When the underlying case challenges a CBSA officer’s refusal to defer removal, a stay would give the person the very thing the case asks for. So the Court looks more closely at the merits and asks about the likelihood of success.
In Baron v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81, the Federal Court of Appeal said a removals officer’s discretion to defer is very limited and is mostly about when removal happens, and that a person needs “quite a strong case” (paragraph 67).
Irreparable harm is harm that cannot be fixed later. It must be shown with evidence, not just stated. In Gateway City Church v. Canada (National Revenue), 2013 FCA 126, the Federal Court of Appeal said there must be evidence at a convincing level of particularity showing a real probability of harm (paragraphs 16 and 18).
In removal cases, Tesoro v. Canada (Minister of Citizenship and Immigration), 2005 FCA 148, said family separation can count, but the hardship must go beyond the usual consequences of deportation (paragraphs 32 to 34). Risk to life or safety in the country of removal, supported by evidence, is the most common example.
At this stage the Court weighs the harm to the person against the public interest in enforcing removal orders as soon as possible under section 48(2) of IRPA. A person’s history, such as following the rules and immigration conditions, can matter here.
Depending on the case, options can include a request to the CBSA to defer removal, a PRRA if the person is eligible, a humanitarian and compassionate application under section 25 of IRPA, or an appeal to the Immigration Appeal Division where the law allows one. Under section 68 of IRPA, the Immigration Appeal Division can itself stay a removal order on humanitarian and compassionate grounds, taking into account the best interests of a child directly affected, with conditions.
Get legal advice as soon as you receive a removal-related decision, a call-in notice from the CBSA, or a removal date. Deadlines are short and the evidence must be strong.
Pax Law Corporation lawyers have Federal Court decisions published on CanLII; you can see them on our court decisions page. Every case is different and past results do not guarantee future outcomes.
It is a temporary Federal Court order that stops the CBSA from removing a person from Canada while the Court deals with that person’s application for leave and judicial review. It does not cancel the removal order.
Not by itself. Unless an automatic stay applies, you need a separate stay order from the Federal Court.
Under section 72 of the Immigration and Refugee Protection Act, it is generally 15 days after the decision for a matter arising in Canada and 60 days for a matter arising outside Canada.
Examples include section 231 of the Regulations (leave to review a negative Refugee Appeal Division decision, with exceptions), section 232 (while a PRRA is being decided) and section 230 (a Minister’s stay for certain countries).
No. The automatic PRRA stay ends when the PRRA is refused, and a judicial review of that refusal does not continue it. A stay motion may be needed.
The three-part test from Toth and RJR-MacDonald: a serious issue to be tried, irreparable harm and the balance of convenience. All three must be shown.
Yes. Because a stay would give the same result as the case itself, the Court looks more closely at the likelihood of success. Baron, 2009 FCA 81, says a person needs quite a strong case.
Harm that cannot be fixed later, shown with specific evidence. Risk to life or safety is the most common example. Family separation can count if it goes beyond the usual consequences of deportation (Tesoro, 2005 FCA 148).
Yes, you can ask a removals officer in writing to defer removal, with evidence. The officer’s discretion is very limited and mostly concerns timing.
Usually not. A pending humanitarian and compassionate application does not by itself stay a removal order.
Motion materials are normally served and filed at least three days before the hearing, but the Court can hear an urgent motion on shorter notice. Hearings are often by telephone or video.
Yes, in appeals within its jurisdiction. Under section 68 of the Immigration and Refugee Protection Act, it can stay a removal order on humanitarian and compassionate grounds, with conditions.
If you are facing removal from Canada and want to understand your options, a lawyer at Pax Law Corporation can review your situation with you.
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Disclaimer: This article is general information only, not legal advice. It reflects the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, the Federal Courts Act and the Federal Courts Rules as of the date of publication. Laws change and every situation is different, so speak with a lawyer about your own circumstances. Past results do not guarantee future outcomes.
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