immlaw@akahlon.ca | +1 (647) 450-0000
Deferral Request

Deferral Request

A Deferral Request is a formal application submitted to the Canada Border Services Agency (CBSA) seeking temporary postponement of removal under exceptional circumstances. The CBSA officers have limited discretion to grant deferrals, typically in cases where removal would lead to significant hardship beyond the usual consequences of deportation. Grounds for deferral may include:

  • Humanitarian and Compassionate Considerations – Pending sponsorship or H&C applications.
  • Best Interests of a Child – Situations where removal would disrupt a child's education or well-being.
  • Medical Concerns – Serious health conditions requiring urgent treatment in Canada or risks of self-harm upon removal.
  • Risk Assessment – Pending Pre-Removal Risk Assessment (PRRA) eligibility where unexamined risks exist.
  • Personal Safety Threats – Credible risks of persecution or harm upon return.

Facing removal from Canada can be a stressful and urgent matter. At Kahlon Law Office, we understand the complexities of immigration enforcement and are committed to advocating for individuals at risk of deportation. If you have been issued a Direction to Report for removal by the CBSA, there are legal avenues available to seek relief, including Deferral of Removal and Stay Motions at the Federal Court.

What are the key elements of a strong deferral request?

  • Clear legal arguments supported by case law.
  • Evidence of imminent risk or hardship (e.g. medical records, school enrollment documents, country conditions).
  • Justification for the requested deferral period.
  • Properly drafted statutory declarations explaining the applicant’s circumstances.

A deferral request should be filed immediately after receiving a removal notice. If CBSA refuses the deferral, the next step is seeking a judicial review and stay of removal at the Federal Court.

How can a stay motion stop removal through the Federal Court (Stay of Removal)?

If a deferral is denied, individuals may file a Stay Motion with the Federal Court to prevent removal while awaiting the outcome of a judicial review. The court applies a three-part legal test to determine whether to grant a stay (Toth v. Canada (MEI), 1988 CanLII 1420 (FCA)):

  • Serious Issue to be Tried – The case must present a valid legal argument, not be frivolous (Jaouadi v. Canada (MPSEP), 2006 FC 587).
  • Irreparable Harm – The applicant must show that removal would cause harm that cannot be reversed, such as risk to life, family separation, or severe medical hardship (Chen v. Canada (Public Safety), 2019 FC 1595).

Balance of Convenience – The hardship to the applicant if removed must outweigh the government’s interest in executing the removal (Figurado v. Canada (MCI), 2005 FC 347).

What are the critical considerations in a stay motion?

  • Timing is crucial – File as soon as a deferral is denied or immediately upon receiving a removal order.
  • Legal Documentation – A strong motion record includes affidavits, supporting documents, and written legal submissions.
  • Urgency and Strategy – Marking the motion as urgent and demonstrating compelling reasons for relief.

Why choose Kahlon Law Office for a stay of removal process?

At Kahlon Law Office, we are dedicated to defending our clients' rights and ensuring fair legal proceedings. Our team has extensive experience handling deferral requests and stay motions, providing strategic and effective representation before the CBSA and the Federal Court.

If you or a loved one is facing deportation, contact us immediately for a consultation. Time is of the essence in removal cases, and prompt legal action can make a significant difference in the outcome. Let us help you navigate this challenging process and fight for your right to remain in Canada.

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Phone: +1 (647) 450-0000

Email: immlaw@akahlon.ca

Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.

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