An individual facing removal from Canada may apply to Federal Court to stay (i.e. to stop) their removal. Once an individual is aware of an impending removal, they should act as quickly as possible to work with counsel to prepare a stay motion.

An application asking the Federal Court to judicially review a specific immigration decision must first be filed before the Federal Court will consider a stay motion. By making a stay motion, the Applicant is asking that the removal be stopped until the Federal Court judicially reviews the underlying negative immigration decision.

To obtain a stay, an Applicant will need to demonstrate:

  1. that there is a serious legal issue to be tried in the underlying application;
  2. that they would suffer irreparable harm if they were removed from Canada; and
  3. the balance weighs in favour of granting the stay rather than in favour of the Minister seeking the removal.

Depending on their situation, the Applicant will need to provide as much evidence as possible to document:

  • The physical, psychological or other harm they or others may suffer if they were removed from Canada; and
  • The best interest of any child impacted by the Applicant’s removal.