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Immigration and Refugees Law
Administrative Deferral of Removal (ADR) in Canada: Regulation 230 Explained
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4 MINUTE READ
Understanding Administrative Deferral of Removal (ADR) in Canada
In the context of Canadian immigration law, Administrative Deferral of Removal (ADR) serves as a critical temporary measure to halt the removal of individuals to specific countries or places facing generalized risk. This mechanism is governed by Section 230 of the Immigration and Refugee Protection Regulations (IRPR).
Legal Basis: IRPR Section 230
The Minister may impose a stay on removal orders if a country or place poses a generalized risk to the entire civilian population due to:
- An armed conflict within the country or place;
- An environmental disaster resulting in a substantial temporary disruption of living conditions; or
- Any situation that is temporary and generalized.
Current Countries and Places Subject to ADR
There is no single, static legislative list; rather, the scope of ADR changes based on Ministerial and CBSA decisions. Recent Federal Court rulings have identified several locations currently or recently under ADR, including:
| Country / Place | Legal Reference |
|---|---|
| Libya | Algazal v Canada, 2024 FC 753 |
| Venezuela | Camacho Valera v Canada, 2021 FC 1087 |
| Ukraine | Kiver v Canada, 2025 FC 819 |
| Mogadishu (Somalia) | Jama v Canada, 2019 FC 1459 |
Other countries mentioned in various judicial discussions include Yemen, Syria, and Burundi, though the status of these locations is subject to ongoing administrative review.
Exclusions: Who Does Not Qualify for ADR?
According to IRPR Section 230(3), the stay on removal does not apply to individuals who are inadmissible on the following grounds:
- Security
Inadmissibility under section 34(1).
- Human Rights Violations
Inadmissibility under section 35(1).
- Sanctions
Inadmissibility under section 35.1(1).
- Criminality
Serious criminality (36(1)), general criminality (36(2)), or transborder criminality (36(2.1)).
- Organized Crime
Inadmissibility under section 37(1).
- Refugee Convention
Persons referred to in Section F of Article 1.
- Written Consent
Individuals who consent in writing to their removal.
For specialized legal consultations regarding removal cases and more information on immigration regulations, you can visit the Pax Law website home page.
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