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Receiving a direction to report for removal from the Canada Border Services Agency (CBSA) is one of the most frightening moments a person facing deportation can experience. It can feel like the end of every option. In many cases it is not — a stay-of-removal motion can ask a court to pause the removal while an underlying case is decided. But these motions are urgent, technical, and time-sensitive, and the window to act can be very short.

This guide explains, in plain language, what a stay of removal is, how the emergency motion process generally works, the legal test the Federal Court applies, and why acting immediately matters. It is general information, not advice about any specific removal.

The time to act is when you receive a direction to report, not on the removal date. Preparing a proper motion takes time, and waiting until the last days can make it very difficult to put together a motion the court can properly consider.

Key takeaways

What a stay of removal is

A stay of removal is a temporary court order that stops CBSA from carrying out a removal for now. It does not, by itself, resolve your immigration situation or grant you status. Instead, it preserves the status quo — keeping you in Canada — so that a court or decision-maker can deal with the underlying legal question before removal makes that question moot.

Think of it as pressing pause. If you are removed from Canada while a case is pending, winning that case later may offer little practical benefit. A stay is meant to prevent that harm by holding removal off until the real issue can be decided.

Statutory stays versus judicial stays

Not every situation requires a court motion. There are two broad categories of stays.

Statutory stays

In certain defined situations, the Immigration and Refugee Protection Regulations provide that a removal is automatically stayed — for example, while certain appeals or applications are pending. If a statutory stay applies to you, you may not need to bring a motion at all. Whether one applies is a technical question, so it should be confirmed rather than assumed.

Judicial stays

Where no statutory stay applies, you must ask the Federal Court for one by bringing a motion. This is the emergency motion most people mean when they talk about “fighting a removal.” The court will only grant it if the legal test is met.

The underlying application: a stay does not stand alone

A crucial point that surprises many people is that you generally cannot ask for a stay on its own. A stay motion must be attached to an underlying proceeding that gives the court something to protect. Common examples include:

The strength of that underlying case is central to the stay motion. If there is no genuine legal issue in the background, there is usually nothing for the court to preserve by ordering a pause.

The three-part test the court applies

The Federal Court decides stay motions using the well-established tripartite test drawn from the RJR-MacDonald and Toth line of cases. This test has not changed in 2026; the story is enforcement volume, not new law. All three parts generally must be satisfied.

Part of the test What it asks
1. Serious issue to be tried Is there a genuine, non-frivolous legal question in the underlying application?
2. Irreparable harm Would removal cause harm that cannot be undone or compensated later?
3. Balance of convenience Do the hardships weigh in favour of pausing removal rather than proceeding with it?

Serious issue

The court looks at whether the underlying case raises a real legal question — not necessarily a strong one at this stage, but one that is not frivolous or vexatious. In some contexts the threshold is applied more closely, so the underlying application should be presented carefully.

Irreparable harm

This is often the hardest part. The harm must be more than the ordinary consequences of removal. It generally must be established with clear, specific evidence rather than speculation. Examples courts consider can include serious risk to safety, but each case turns on its own facts and evidence.

Balance of convenience

Finally, the court weighs the harm to the person against the public interest in enforcing immigration laws. Because the government has an interest in carrying out valid removal orders, the person seeking the stay generally needs compelling reasons for the balance to tip in their favour.

Why timing is everything

Stay motions are emergencies. The realistic time to begin is the moment you receive a direction to report for removal — not the removal date itself. Preparing a proper motion takes time: identifying or launching the underlying application, gathering evidence of irreparable harm, and drafting the legal arguments. Waiting until the last days can make it very difficult to put together a motion the court can properly consider.

If you have received a direction to report, treat it as urgent and seek advice immediately. Do not assume that a pending application elsewhere automatically stops your removal — confirm whether a statutory stay applies or whether a motion is needed.

The 2026 enforcement backdrop

Removals have increased sharply. CBSA removed 23,160 people in 2025, up roughly 33% from the year before, with the large majority being failed or non-compliant refugee claimants. This rising enforcement volume means more people are receiving removal dates, and more are turning to stay motions as a last line of defence.

At the same time, the courts are managing heavy immigration caseloads. None of this changes the legal test, but it underscores the importance of acting early, presenting a well-supported underlying case, and confirming the current process on canada.ca or with counsel, because immigration enforcement and procedure are evolving quickly in 2026.

Frequently asked questions

Does a stay of removal let me stay in Canada permanently?

No. A stay is only a temporary pause while an underlying case is decided. It preserves your ability to pursue that case in Canada, but it does not grant status or resolve your immigration situation on its own. Whether you can remain longer depends on the outcome of the underlying application.

Can I get a stay without any other application on the go?

Generally no. A stay motion must be tied to an underlying proceeding — such as a judicial review, an H&C application, or a PRRA. The court grants a stay to protect that underlying case. Without one, there is usually nothing for the court to preserve.

What is “irreparable harm”?

It is harm that cannot be undone or adequately compensated after removal. It generally must be shown with specific evidence rather than general fears, and it must go beyond the ordinary hardship that removal causes. Courts assess this carefully, and each case depends on its own facts.

How quickly do I need to act?

As soon as possible — ideally when you receive a direction to report, not on your removal date. Preparing a stay motion and any underlying application takes time, and last-minute motions are much harder to put together properly. Delay can reduce your options.

Is the legal test different in 2026?

No. The three-part RJR-MacDonald / Toth test remains the same. What has changed is the volume of removals and the pressure on the system. Always confirm current procedures with the official sources or counsel, because immigration policy is changing quickly.

If you or a loved one has received a direction to report for removal, time is short and the process is technical. Azimi Law helps people in Toronto and across Ontario understand their options when a removal date is set. If you would like guidance about your circumstances, you are welcome to contact us as soon as possible — there is no obligation and no guarantee of any particular outcome, but understanding your options early can matter a great deal.

A removal date is not always the end.

Stay motions are urgent and time-sensitive. Get a clear, plain-language read on your options while there is still time to act.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.

You submitted your immigration application months — or years — ago, and it is still stuck. There is no refusal to appeal, no request for more documents, just silence. For many people caught in Canada’s processing backlogs in 2026, this limbo is its own kind of hardship. In some cases, there is a legal tool that can help: an application for mandamus, asking the Federal Court to order Immigration, Refugees and Citizenship Canada (IRCC) to make a decision.

This guide explains, in plain language, what mandamus is, the general factors the Federal Court considers, the kinds of applications where it comes up, and how the process usually begins. It is general information, not advice about any particular file.

Mandamus forces a decision, not a “yes.” The court orders that a decision be made — it does not order that the application be approved. A person seeking mandamus is asking for an answer, not guaranteeing an approval.

Key takeaways

What mandamus is

Mandamus is a Latin term for a type of court order that compels a public body to perform a legal duty it owes. In the immigration context, it means asking the Federal Court to order IRCC to actually decide an application that has been sitting unreasonably long without a decision.

The most important thing to understand is what mandamus does not do. It does not tell IRCC what to decide. The court orders that a decision be made — it does not order that the application be approved. In practice, many delayed applications are meritorious, so a decision is often welcome; but a person seeking mandamus should understand they are asking for an answer, not guaranteeing a “yes.”

The Conille factors

The Federal Court has long applied a set of considerations, often called the Conille factors, when deciding whether to grant mandamus for delay. Described generally, the court looks at whether:

These are general framework factors, not a checklist that guarantees any result. Whether a particular delay is “unreasonable” is highly fact-specific and depends on the type of application, typical processing times, and the reasons for the delay. This guide does not cite any specific 2026 case, because the analysis turns on the framework and your own facts.

When does delay become “unreasonable”?

There is no fixed number of months that automatically makes a delay unreasonable. Courts look at what is normal for that category of application and whether the wait has stretched well beyond it without a good explanation. A delay caused by the applicant — for example, by not responding to IRCC requests — will generally not support mandamus. A delay caused by the applicant’s own conduct is the applicant’s problem, not the court’s to fix.

Published processing times for the relevant application type are often a useful reference point, but they are estimates, not guarantees, and they change. If your file has sat far past the usual range with no updates and no requests from IRCC, that is the kind of situation where delay may become a live legal issue worth exploring.

Common contexts for mandamus

Mandamus can arise across many application types. Some of the more common contexts include:

Application type Typical delay frustration
Spousal / family sponsorship Families kept apart while the file sits without a decision
Permanent-resident (PR) card A stalled card affecting travel and proof of status
Citizenship applications Long waits after residency and testing requirements are met
Work permits Delays affecting the ability to work and maintain status
Permanent residence for protected persons Files stalling despite eligibility to apply

In each case, the question is the same: is IRCC unreasonably delaying a decision it has a duty to make, with no adequate alternative for the applicant?

The demand letter usually comes first

Mandamus is often not the first move. In many cases, a demand letter to IRCC precedes any court filing. The letter sets out the application details, the length of the delay, and a request for a decision within a reasonable time. Sometimes this alone prompts action, and the application is decided without the need to go to court.

If the demand letter does not resolve the delay, the next step is generally to start an application at the Federal Court — beginning with the leave stage, as with other immigration judicial review matters. The court process has its own procedures and deadlines, so it is worth understanding the sequence before starting.

The 2026 backlog backdrop

Delay cases are rising against the backdrop of a heavily strained system. Immigration filings at the Federal Court grew from roughly 6,400 in 2020 to more than 28,000 in 2025, with thousands more filed in the first quarter of 2026 — immigration matters now make up the large majority of the Court’s caseload. Reports indicate that some hearings are being scheduled well over a year after leave is granted.

Immigration lawyers have linked part of the surge in delays and litigation to IRCC’s expanded use of automation in decision-making, while IRCC points to application volumes; this is a reported dispute rather than settled fact. Either way, more applicants are experiencing long waits, and more are exploring remedies like mandamus. Because processing times and procedures are changing quickly, confirm current information on canada.ca or with counsel before relying on any general description here.

Frequently asked questions

Will mandamus get my application approved?

No. Mandamus compels IRCC to make a decision, not to make a favourable one. In many cases the delayed application is strong and a decision is welcome, but the order itself does not guarantee approval. The outcome could still be a refusal, which might then be challenged separately.

How long do I have to wait before delay counts?

There is no fixed number. Courts compare your wait to what is normal for that type of application and ask whether the delay is unreasonable and unexplained. Published processing times can be a reference point, but they are estimates that change. A file sitting far past the usual range with no requests from IRCC is the kind of situation worth exploring.

Do I have to go to court right away?

Often not. A demand letter to IRCC frequently comes first and sometimes prompts a decision without litigation. If the delay continues, an application at the Federal Court may follow. Understanding this sequence can help you set realistic expectations.

What kinds of applications can mandamus apply to?

It can arise across many types — spousal and family sponsorships, PR cards, citizenship, work permits, and permanent residence for protected persons, among others. The common thread is an unreasonably delayed decision that IRCC has a duty to make, with no adequate alternative remedy.

Is mandamus guaranteed to succeed if my file is old?

No. Age alone does not decide it. The court weighs the general Conille factors, including whether the delay is truly unreasonable and unexplained and whether you contributed to it. Each case depends on its own facts, and no result is guaranteed.

If your immigration application has been stuck for an unusually long time with no decision, you may have options — but the analysis depends on your specific file and the current processing landscape. Azimi Law helps people in Toronto and across Ontario understand remedies for immigration delay. If you would like guidance about your circumstances, you are welcome to contact us to discuss your situation — there is no obligation and no guarantee of any particular outcome.

Years of silence on your file?

When a decision is unreasonably delayed, you may have options. Get a clear, plain-language read on where you stand.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.

A refused study permit can feel like the end of a long-held plan. It usually is not. In 2026, with Canada holding study-permit numbers down, refusals have become a common experience for applicants who were, on paper, well qualified.

This guide explains why study permits are refused, what the 2026 rules changed, and the three main paths forward after a refusal: asking the officer to reconsider, submitting a fresh application, and applying to the Federal Court for judicial review. It is general information to help you understand your options, not advice about your specific file.

Key takeaways

What changed for study permits in 2026

Canada has been managing study-permit volumes through a national cap. For 2026, that cap is set at 309,670 application spaces, and IRCC expects to issue up to about 408,000 permits — roughly 7% below the 2025 target. When the number of available spaces falls, officers have less room, and applicants often feel the effect through more frequent refusals.

There is an important exception. Effective January 1, 2026, master’s and doctoral students at public DLIs no longer need a provincial or territorial attestation letter (PAL or TAL) and are exempt from the cap. If you are a graduate student at a public institution, this change may simplify part of your application. Because these rules can be adjusted, confirm the current requirements on canada.ca before you apply or reapply.

Why study permits get refused

Study-permit decisions turn on whether an officer is satisfied that you meet the legal requirements. Refusal letters are often short and rely on standard language, but a few themes come up again and again:

Understanding which of these drove your refusal is the first step, and that is where your GCMS notes come in.

Read your GCMS notes first

The refusal letter rarely tells the whole story. The officer’s working notes are recorded in IRCC’s Global Case Management System (GCMS). You can request these notes through an access-to-information request. The notes often reveal the specific concern — for example, a doubt about funds or study plan — that the letter only hinted at. Knowing the real reason helps you decide whether to reconsider, reapply, or go to court, and what to fix if you do reapply.

The refusal letter rarely tells the whole story. Ordering your GCMS notes often reveals the specific concern — for example, a doubt about funds or study plan — that the letter only hinted at, so you can target the real reason rather than guessing.

Three paths after a refusal

There is no single right answer. The best path depends on why you were refused, how strong the decision was, and your timelines. The table below compares the three main options in general terms.

Option What it is May suit when Timing note
Reconsideration request A written request asking the same office to look again, often pointing to an error or overlooked evidence The refusal appears to miss or misread something you already submitted No guaranteed timeline; the officer is not obliged to reopen
New application A fresh, stronger application that addresses the earlier concerns The gaps are fixable with better documents or a clearer study plan You choose when to file; build a complete package
Federal Court judicial review A court challenge to whether the decision was made fairly and reasonably The decision appears unreasonable or unfair on the record Short deadline: generally 15 days (in-Canada decision) or 60 days (overseas)

Reconsideration

A reconsideration request asks the deciding office to take another look, usually because the officer appears to have made an error or overlooked evidence. It is informal and there is no obligation to reopen, so it works best when you can point to something concrete. Because it offers no guaranteed timeline, many applicants pursue it while also preparing a backup option.

Reapplying

Often the most practical path is a new, stronger application. If your GCMS notes show the officer doubted your funds or your study plan, a fresh application lets you respond directly — clearer financial evidence, a study plan that connects the program to your goals, and better proof of ties. A reapplication is not a mechanical resubmission; it is a chance to fix what went wrong.

Federal Court judicial review

Judicial review is a court process. Importantly, the Federal Court does not re-decide your application or grant the permit itself. It reviews how the decision was made — whether it was procedurally fair and reasonable. Under the Supreme Court of Canada’s decision in Vavilov (2019), a reasonable decision is one that is transparent, intelligible, and justified in light of the facts and law. If the Court agrees the refusal was unreasonable or unfair, the usual result is that your application is sent back to be decided again by a different officer.

The deadlines are short. You generally have 15 days to start the process (the leave application) if the decision was made in Canada, and 60 days if it was made outside Canada. Missing these deadlines can end the option, so act quickly if you are considering court.

The deadlines are short. Generally 15 days to start the leave application if the decision was made in Canada, and 60 days if it was made outside Canada. Missing these deadlines can end the option, so act quickly if you are considering court.

Which path fits your situation

As a general matter, reconsideration suits a clear officer error, reapplication suits fixable gaps, and judicial review suits a decision that looks unreasonable or unfair but that you cannot simply cure by reapplying. Sometimes more than one path is open, and the deadlines for judicial review run whether or not you are also reapplying. Getting advice early keeps every option available.

Frequently asked questions

Will reapplying look bad because I was already refused?

A previous refusal is part of your history, but a new application is assessed on its own merits. What matters is whether the fresh application addresses the earlier concerns with better evidence and a clearer plan. Being candid and consistent across applications is generally important.

How long do I have to challenge a refusal in Federal Court?

Generally 15 days to file if the decision was made in Canada and 60 days if it was made outside Canada. These are short windows. Because timelines and procedures can change, confirm current deadlines on the Federal Court’s website or with counsel, and do not wait.

Does the 2026 cap mean graduate students are affected too?

Effective January 1, 2026, master’s and doctoral students at public DLIs are exempt from the cap and no longer need a PAL or TAL. Other applicants remain within the capped system. Confirm your category’s current rules on canada.ca before applying.

Should I request my GCMS notes before deciding what to do?

In many cases it helps. The notes often explain the real reason for the refusal, which lets you choose the right path and target the specific concern rather than guessing.

If your study permit was refused and you are weighing reconsideration, a new application, or a Federal Court challenge, Azimi Law would be glad to talk through your situation and explain the options that may apply to you. Reaching out early — especially given the short court deadlines — helps keep your choices open.

Refused, and the court clock is ticking?

Judicial review deadlines are short. Get a clear, plain-language read on whether to reconsider, reapply, or challenge the decision.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.

If Immigration, Refugees and Citizenship Canada (IRCC) or a tribunal has refused your application, you may feel there is nowhere left to turn. For many people, the main remedy is an application for judicial review at the Federal Court of Canada. It is not an appeal in the everyday sense, and it does not simply give you a second chance to argue your case. This guide explains, in plain language, how judicial review works, the short deadlines involved, and what you can generally expect.

Judicial review is a technical area, and the rules are changing quickly. The information below is general. Because deadlines are short and the process is unforgiving of missed steps, it is wise to get advice about your own situation early.

Deadlines are short and unforgiving of missed steps. Generally you have 15 days to start for a decision made in Canada and 60 days for a decision made outside Canada — treat these as firm and seek advice immediately.

Key takeaways

What judicial review is — and what it is not

Judicial review is the Court’s power to check whether a government decision-maker acted lawfully and fairly. In immigration matters, it applies to many kinds of refusals: study and work permit refusals, visa refusals, humanitarian and compassionate refusals, and decisions of tribunals within the immigration system, among others.

It is important to understand what the Court generally does not do. The judge usually does not re-weigh all the evidence, hear new testimony, or substitute their own decision for the officer’s. Instead, the judge asks whether the decision was reasonable and whether the process was fair. If it was not, the usual result is that the matter goes back to be decided again — not that the Court grants your application itself.

The two-step process: leave, then judicial review

Unlike many court cases, an immigration judicial review has a gatekeeping step. You do not have an automatic right to a hearing; you must first be granted leave (permission).

Step one: the application for leave

You begin by filing an Application for Leave and for Judicial Review. This starts the clock on a series of steps, including filing written arguments and the record. A judge reviews the paper materials and decides whether your case raises an arguable issue worth a full hearing. Many applications do not clear this stage. If leave is refused, that is generally the end of the road, and no reasons are typically given.

Step two: the judicial review hearing

If leave is granted, the Court schedules the judicial review itself. This is usually a focused hearing based on the record that was before the original decision-maker, with legal argument from both sides. Fresh evidence that was not before the officer is generally not allowed, with limited exceptions.

The deadlines you cannot miss

The time limit to start depends on where the decision was made. As a general rule, you have 15 days to file if the decision was made inside Canada, and 60 days if it was made outside Canada. These are short windows, and missing them can end your case before it begins, although the Court can sometimes extend time for good reason.

Stage What happens General timing
Filing the leave application You start the case 15 days (decision in Canada) / 60 days (decision outside Canada)
Leave decision A judge decides on the papers whether to allow a hearing After written materials are exchanged
Judicial review hearing Argument on the record before a judge Scheduled after leave is granted
Outcome Application allowed (sent back) or dismissed At or after the hearing

Procedure is governed by the Federal Court’s Consolidated Practice Guidelines for citizenship, immigration and refugee protection proceedings. Timelines and requirements change, so confirm the current rules with the Federal Court or with counsel.

Reasonableness review and the Vavilov framework

Most immigration decisions are reviewed on a standard of reasonableness. In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada explained that a reasonable decision is one that is transparent, intelligible, and justified in light of the facts and the law. The Court looks at whether the decision-maker’s reasons actually add up and address the key evidence and arguments.

This is a meaningful but limited check. A decision can be one the judge personally disagrees with and still be reasonable. To succeed, you generally need to show that the reasoning was flawed — for example, that the officer ignored important evidence, misread the record, or failed to explain a key conclusion — or that the process was unfair.

Possible outcomes

The 2026 backlog: why timing matters more than ever

The Federal Court’s immigration caseload has grown dramatically. According to reporting, immigration filings rose from roughly 6,400 in 2020 to more than 28,000 in 2025, with over 6,600 filed in the first quarter of 2026. Immigration matters now make up roughly 86 per cent of the Court’s caseload, and hearings have reportedly been scheduled more than 18 months after leave is granted.

Whatever the cause, the practical message is the same: the process is slow and crowded, so meeting your short deadline and preparing a strong record from the outset are important.

Immigration lawyers have linked part of the surge to IRCC’s expanded use of automation in decision-making, while IRCC points to rising application volumes; this is a reported dispute, not a settled fact. Whatever the cause, the practical message is the same: the process is slow and crowded, so meeting your short deadline and preparing a strong record from the outset are important.

Frequently asked questions

Is judicial review the same as an appeal?

No. An appeal usually asks a higher body to re-decide the merits, sometimes with new evidence. Judicial review asks the Federal Court to check whether the decision was reasonable and fair, generally on the same record the officer had. In many cases, judicial review is the only route because no appeal is available.

Can I file on my own?

You are allowed to represent yourself, but the process is technical, the deadlines are short, and the written arguments carry a lot of weight. Many people choose to get legal help. You may wish to speak with a lawyer before deciding.

What happens if I win?

In most successful cases, the Court sets the decision aside and sends it back to be decided again by a different decision-maker. That is a new opportunity, but it does not guarantee that the second decision will be in your favour.

How long will it take?

It varies, and current waits can be long given the Court’s heavy immigration workload. Because timing is uncertain and deadlines to start are short, it is generally best to act quickly once you receive a refusal.

What if I miss the deadline?

Missing the filing deadline can be fatal to a case, though the Court can sometimes grant an extension where there is a reasonable explanation and other factors are met. Do not assume an extension will be granted — treat the deadline as firm and seek advice immediately.

If your immigration application has been refused and you are weighing whether judicial review makes sense, Azimi Law would be glad to talk through your circumstances. There is no pressure and no promise of a particular result — just a plain explanation of your options and the deadlines that may apply. You are welcome to reach out to discuss your situation.

Facing a short deadline after a refusal?

Judicial review deadlines are tight and unforgiving. Get a clear, plain-language read on your options and the time you have.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.