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
- A stay of removal is a court order that temporarily pauses a deportation while a related case proceeds.
- A stay is almost always tied to an underlying application — such as a judicial review, an H&C application, or a Pre-Removal Risk Assessment (PRRA).
- Some stays are statutory (automatic in certain situations); others are judicial (you must ask a court).
- The Federal Court applies the three-part RJR-MacDonald / Toth test: a serious issue, irreparable harm, and the balance of convenience.
- These motions are urgent — the time to act is when you receive a direction to report, not on the removal date.
- Removals rose sharply in 2025, so understanding your options quickly matters more than ever.
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:
- An application for judicial review of a negative immigration decision.
- A pending humanitarian and compassionate (H&C) application.
- A Pre-Removal Risk Assessment (PRRA) or a challenge to its refusal.
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.
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.