STAY OF REMOVAL / STAY OF DEPORTATION
Stay of Removal/Deportation
A stay is an exceptional relief that the Federal Court can grant a person who is facing a removal from Canada. To be successful in a stay of removal application, one must satisfy a tri-partite test: serious issue, irreparable harm and balance of convenience.
Stays are legally complex, time consuming and costly applications a lawyer is asked to do. It cannot be done without a lawyer and is usually done at the last minute. It involves a huge amount of work in a short time period and the stakes are very high since deportation is on the line. If you think that you might want to stay here longer than the date given to you by the removals officer, you should contact a lawyer as soon as you receive your removal letter so that a request for a deferral can be made on your behalf. That usually lays out the ground-work for an eventual stay.
At Ranbir S. Thind Law Office, we have extensive experience in Federal Court stay applications. We work with clients to help them through the process of deferring removal orders. We will meet with you to assess the grounds on which your removal may be deferred and will prepare a detailed deferral of removal request then submit it to the Canada Border Services Agency. Although the discretion of the removal officer is limited, they are still required to consider compelling evidence, the short-term best interest of a child, and evidence of a pending H & C or In-Canada sponsorship/PR application that was filed in a timely manner. If your deferral of removal has been denied, you may file a judicial review leave application to the Federal Court to challenge that decision. The Federal Court has the power to stay a removal order within the context of a judicial review. As applications before the Federal Court entail intricate procedural and evidentiary rules, it is important that you contact us immediately in order to comply with the Federal Court’s stringent time limits.
In all cases it is advisable to be represented by an experienced immigration lawyer because Federal Court stay applications can be extremely complicated. Ranbir S. Thind has extensive experience representing clients in all kinds of IMMIGRATION MATTERS including Federal Court's applications to stay the removal/deportation. We serve clients from Edmonton, Fort McMurray, Red Deer, Grand Prairie and all Alberta. We invite you to contact us to book an appointment for a paid consultation.
PLEASE NOTE THAT WE DON'T DEAL WITH LMIA, WORK PERMIT, STUDY PERMIT, PROVINCIAL NOMINEE, REFUGEES OUTSIDE CANADA OR EXPRESSS ENTRY APPLICATIONS BUT IF ANY OF YOUR SUCH APPLICATION IS REFUSED AND YOU ARE LOOKING TO FILE A JUDICIAL REVIEW, WE CAN ASSIST.
A stay is an exceptional relief that the Federal Court can grant a person who is facing a removal from Canada. To be successful in a stay of removal application, one must satisfy a tri-partite test: serious issue, irreparable harm and balance of convenience.
Stays are legally complex, time consuming and costly applications a lawyer is asked to do. It cannot be done without a lawyer and is usually done at the last minute. It involves a huge amount of work in a short time period and the stakes are very high since deportation is on the line. If you think that you might want to stay here longer than the date given to you by the removals officer, you should contact a lawyer as soon as you receive your removal letter so that a request for a deferral can be made on your behalf. That usually lays out the ground-work for an eventual stay.
At Ranbir S. Thind Law Office, we have extensive experience in Federal Court stay applications. We work with clients to help them through the process of deferring removal orders. We will meet with you to assess the grounds on which your removal may be deferred and will prepare a detailed deferral of removal request then submit it to the Canada Border Services Agency. Although the discretion of the removal officer is limited, they are still required to consider compelling evidence, the short-term best interest of a child, and evidence of a pending H & C or In-Canada sponsorship/PR application that was filed in a timely manner. If your deferral of removal has been denied, you may file a judicial review leave application to the Federal Court to challenge that decision. The Federal Court has the power to stay a removal order within the context of a judicial review. As applications before the Federal Court entail intricate procedural and evidentiary rules, it is important that you contact us immediately in order to comply with the Federal Court’s stringent time limits.
In all cases it is advisable to be represented by an experienced immigration lawyer because Federal Court stay applications can be extremely complicated. Ranbir S. Thind has extensive experience representing clients in all kinds of IMMIGRATION MATTERS including Federal Court's applications to stay the removal/deportation. We serve clients from Edmonton, Fort McMurray, Red Deer, Grand Prairie and all Alberta. We invite you to contact us to book an appointment for a paid consultation.
PLEASE NOTE THAT WE DON'T DEAL WITH LMIA, WORK PERMIT, STUDY PERMIT, PROVINCIAL NOMINEE, REFUGEES OUTSIDE CANADA OR EXPRESSS ENTRY APPLICATIONS BUT IF ANY OF YOUR SUCH APPLICATION IS REFUSED AND YOU ARE LOOKING TO FILE A JUDICIAL REVIEW, WE CAN ASSIST.