Facing a Removal Order and Deportation from Canada? What you need to know about a Temporary Deferral Request and an Emergency Stay Motion
Facing Deportation from Canada? How to File a Temporary Deferral Request and Emergency Stay Motion
Being served with a removal order can be a stressful and overwhelming experience. If you're facing deportation from Canada, you may still have options to delay your removal and stay in the country while you explore other avenues for relief. Here’s what you need to know about filing a temporary deferral request and, if necessary, an emergency stay motion at the Federal Court of Canada.
Temporary Deferral Request: The First Step
A temporary deferral request allows you to ask Canadian immigration authorities to postpone your deportation for a specific period. This request can be based on several factors, such as health issues, family hardship, or significant new information in your case. The deferral is typically requested through a formal application to the Canada Border Services Agency (CBSA).
While you wait for the decision on your deferral request, it's crucial to gather and present compelling evidence to support your case. This could include medical records, proof of family ties, or documentation demonstrating any risk to your safety or well-being if deported.
If the Deferral Request is Refused: Emergency Stay Motion
If your deferral request is denied, you may still have a chance to prevent your deportation by filing an emergency stay motion with the Federal Court of Canada. An emergency stay temporarily halts the enforcement of the removal order while your legal representatives present an argument in court.
The motion must be filed quickly, as there are strict timelines. In this motion, you will need to show that there is a serious legal issue in your case, and that deporting you would cause irreparable harm, such as violating your rights under Canadian law or international treaties.
The court will review your motion and, if successful, grant a temporary stay on the deportation order, allowing you more time to pursue other legal options, such as an appeal or seeking a permanent residency status change.
Legal Representation and Support
Having robust legal representation can significantly impact the outcome of your case. At BAIG LAW FIRM, we know immigration law and have extensive experience in dealing with removal orders and deportations. Our team, led by Abbas M. Baig, is committed to providing personalized and strategic legal solutions tailored to your unique situation. We have assisted hundreds of clients from Mississauga, Brampton, Toronto, Scarborough and many other cities.
If you are facing a removal order or have questions about your immigration status, we invite you to reach out to BAIG LAW FIRM for a consultation. Our team is ready to provide you with the guidance and support you need to address your situation effectively. Contact Abbas M. Baig at info@baiglawfirm.ca to discuss how we can assist you.
Conclusion
Deportation from Canada can feel like the end of the road, but there are legal options to delay your removal. Whether through a deferral request or an emergency stay motion, it’s important to act quickly and consult with an experienced immigration lawyer to navigate the process effectively. Don't lose hope — with the right legal strategies, you may be able to secure more time in Canada to resolve your immigration status. Contact BAIG LAW FIRM.