To delay deportation while your Humanitarian and Compassionate (H&C) application is pending, you generally must request an administrative deferral from the CBSA. If refused, you must file an emergency motion for a Stay of Removal at the Federal Court of Canada. The Federal Court filing fee is currently $50 CAD.
Facing a deportation order from Canada is incredibly stressful, especially if you have an active Humanitarian and Compassionate (H&C) application waiting for assessment by Immigration, Refugees and Citizenship Canada (IRCC). Simply submitting an H&C application does not automatically stop or pause a removal order. The Canada Border Services Agency (CBSA) maintains the authority to enforce your removal at any time, which means you must take immediate legal action to stay in the country.
Successfully halting a deportation requires navigating complex federal laws and proving that being removed would cause you irreparable harm. ⚠️ Because the legal threshold at the Federal Court is exceptionally high, it is generally recommended to hire a knowledgeable local lawyer from our directory to present your defence. Whether you live in Toronto, Vancouver, or Montreal, the Federal Court process remains identical across the country.
Step-by-Step Process to Delay Deportation in Canada
Delaying a removal order requires precise timing and strong evidence. You must follow a strict sequence of administrative and judicial steps to legally challenge the CBSA’s decision to remove you.
Step 1: Filing the H&C Application Promptly
Before you can attempt to delay your deportation based on humanitarian grounds, the H&C application must actually be filed with IRCC. 📝 You must pay the $570 CAD processing fee and submit comprehensive evidence showing your establishment in Canada, family ties, and the potential hardship you would face in your home country.
Step 2: Requesting an Administrative Deferral of Removal (ADR)
When the CBSA issues a “Direction to Report” for your removal, your first step is to formally ask the CBSA enforcement officer to delay the deportation. This is called an Administrative Deferral of Removal (ADR). You must provide compelling reasons why your removal should be postponed until IRCC makes a first-stage decision on your pending H&C file.
Step 3: Filing an Application for Leave and for Judicial Review
If the CBSA officer refuses your ADR request, you must immediately escalate the matter to the Federal Court of Canada. 🏢 You will file an Application for Leave and for Judicial Review, asking a federal judge to review the CBSA officer’s refusal to defer your removal. This application targets the CBSA’s negative decision, not your overall immigration status.
Step 4: Filing an Emergency Motion for a Stay of Removal
Simultaneously with your judicial review, you must file an emergency motion for a “Stay of Removal.” To win this stay, you must satisfy a strict three-part legal test: you must prove there is a serious issue to be tried, that you will suffer irreparable harm if deported, and that the balance of convenience favours allowing you to remain in Canada.
How Much Does it Cost in Canada?
Fighting a deportation order at the Federal Court involves specific government fees in Canadian dollars (CAD), alongside significant legal expenses. Here is what you can expect:
| Type of Expense | Estimated Cost (CAD) | Who Typically Pays? |
|---|---|---|
| H&C Application Fee | $570 CAD per adult | Applicant |
| Federal Court Filing Fee | $50 CAD | Applicant |
| Law Firm Fees (Federal Court Motion) | $5,000 – $12,000+ CAD | Applicant |
| Translation of Documents | $200 – $1,000 CAD | Applicant |
How Long Does the Process Take?
An emergency motion for a Stay of Removal happens incredibly fast. Once you receive a removal date, you often have only a few days or weeks to file your motion at the Federal Court. The judge will typically hear the motion and render a decision just days before your scheduled flight. If you win the stay, your removal is paused while you wait for IRCC to process your H&C, which currently takes about 18 to 36 months.
Frequently Asked Questions (FAQ)
What exactly is “irreparable harm”?
Irreparable harm means that if you are removed from Canada, you will suffer severe, non-monetary damage that cannot be fixed later. This could include serious risks to your physical safety, lack of life-saving medical care, or devastating psychological impacts on your Canadian-born children.
Can I stop the deportation if I haven’t filed an H&C yet?
It is significantly harder to stop a removal if you have not already submitted an application to regularize your status. Filing an H&C at the last minute solely to delay deportation is often viewed negatively by the CBSA and the Federal Court.
Does a Pre-Removal Risk Assessment (PRRA) delay deportation?
Yes, if the CBSA formally invites you to apply for a Pre-Removal Risk Assessment (PRRA), your deportation is automatically delayed while the PRRA is being assessed. However, not everyone is eligible for a PRRA, depending on their past refugee claims.
What happens if the Federal Court denies my Stay of Removal?
If the federal judge dismisses your motion for a Stay of Removal, the CBSA will proceed with your deportation as scheduled. You must comply with the removal order, though your H&C application may continue to be processed while you are overseas.
Will the government pay for my flight if I am deported?
If the CBSA enforces your removal, they will typically pay for the airline ticket. However, you will then owe the Canadian government that amount, and you will not be allowed to return to Canada until you repay the removal costs in full.
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