Deferral of Removal Lawyer in Canada.
Facing deportation from Canada? A deferral of removal lawyer can request that CBSA temporarily stop deportation. Ayodele Law prepares urgent deferral requests and Federal Court stay applications to protect your right to remain in Canada while your case is under review.
Understanding Deferral Request Applications in Canadian Immigration
If you’ve received a decision or notice from Immigration, Refugees and Citizenship Canada (IRCC) but need more time to respond or take necessary action, you might consider submitting a deferral request application. At Ayodele Law, we help clients navigate this process to ensure their immigration goals stay on track.
What is a Deferral Request Application?
A deferral request application is a formal request to delay a deadline set by IRCC, such as:
Responding to a request for additional documents or information
Attending a scheduled interview or medical exam
Complying with a removal order or deportation
This request must include valid reasons explaining why you need more time and how the deferral will not harm the immigration process.
When Should You Submit a Deferral Request?
You should submit a deferral request as soon as you realize you cannot meet an IRCC deadline. Common reasons include:
Medical emergencies
Difficulty obtaining required documents due to circumstances beyond your control
Unexpected travel restrictions or delays
Personal or family hardships
Deferral of Removal vs. Stay of Removal — What’s the Difference?
A deferral of removal and a stay of removal both aim to stop deportation — but they are very different legal tools.
A deferral of removal is a discretionary request made directly to the Canada Border Services Agency (CBSA) asking an enforcement officer to temporarily delay your removal. It is typically used when there is new evidence, pending applications, or humanitarian circumstances that justify postponing deportation.
A stay of removal, on the other hand, is a court order issued by the Federal Court
| Comparison Point | Deferral of Removal | Stay of Removal |
|---|---|---|
| Decision Maker | Canada Border Services Agency (CBSA) enforcement officer exercising discretion. | Federal Court judge. |
| Legal Nature | Administrative request asking CBSA to temporarily delay removal. | Court-ordered remedy that legally suspends removal. |
| When It’s Used | Before or without Federal Court proceedings, often on short notice. | After filing a judicial review in Federal Court. |
| Evidence Focus | Humanitarian factors, pending applications, medical or family hardship. | Serious legal issue, irreparable harm, and balance of convenience. |
| Result if Successful | Temporary pause of removal to allow other matters to proceed. | Legally binding suspension of removal until court decision. |
How to Submit a Deferral Request
Write a clear, concise letter or application outlining your reasons and supporting evidence.
Submit the request through the appropriate IRCC channel, following their instructions carefully.
Consult with an immigration lawyer to increase the chances of approval and ensure your request meets IRCC standards
Common Mistakes When Requesting a Deferral
Many people who file a deferral request without legal guidance accidentally weaken their application. Common mistakes include failing to provide supporting documents, not explaining how the delay will impact ongoing immigration matters, or waiting until the very last moment to file the request. Immigration officers must be persuaded that the delay is justified and reasonable.
What Evidence Matters Most in a Deferral Request Application
Deferral requests are discretionary. Approval depends heavily on credible, well-documented evidence showing why removal should not proceed at this time. Common supporting evidence includes:
Medical records or letters from treating physicians
Proof of pending immigration applications (H&C, PRRA, sponsorship)
School records and best-interest-of-the-child documentation
Proof of family establishment in Canada
Evidence of hardship or risk if removed
Updated country condition reports (where relevant)
The stronger and more organized the evidence, the more likely an enforcement officer is to exercise discretion in your favour.
| Evidence Type | Why It Strengthens a Deferral Request |
|---|---|
| Medical Evidence | Demonstrates immediate hardship or health risks that would be worsened by removal, such as ongoing treatment or mental health concerns. |
| Pending Immigration Applications | Shows that removal would undermine an active process, such as a humanitarian application, PRRA, or sponsorship in progress. |
| Family & Children in Canada | Highlights the best interests of children, family separation concerns, and long-term caregiving responsibilities. |
| Establishment in Canada | Demonstrates strong ties to Canada, including employment history, community involvement, and length of residence. |
| Risk Upon Return | Supports humanitarian or protection-based arguments where removal would expose the individual to danger, instability, or serious harm. |
Timing Is Everything: When a Deferral Request Is Most Likely to Succeed
Deferral requests are often decided quickly — sometimes within days. Waiting too long can mean removal occurs before a decision is made. A deferral request is most effective when:
A removal date has been issued
A related application or appeal is already in progress
New evidence has arisen since the removal order
Immediate hardship or irreparable harm can be demonstrated
If removal is imminent, legal assistance should be sought immediately to ensure the request is properly framed, supported, and submitted in time.
What Happens If a Deferral Request Is Refused?
A refused deferral request does not mean all options are exhausted. Depending on your circumstances, next steps may include:
Filing a judicial review of the deferral refusal
Seeking a stay of removal from the Federal Court
Submitting or advancing a PRRA or H&C application
Exploring appeal rights, if available
Each option has strict deadlines and legal thresholds. Strategic planning after a refusal is critical to avoid removal before your case is fully heard.
Why Work with Ayodele Law?
At Ayodele Law, we understand the importance of timing in immigration cases. Our experienced Canadian immigration lawyers will help you:
Prepare a strong deferral request application with all necessary documentation
Communicate effectively with IRCC on your behalf
Explore alternative options if the deferral is denied
Delaying action without proper authorization can lead to refusals or removal, so don’t wait—get professional help early.
Frequently Asked Questions
Deferral requests are often urgent, time-sensitive, and misunderstood. Many people facing removal are unsure whether they qualify for a deferral, how it differs from a stay of removal, or what evidence is required to delay deportation. The answers below address the most common questions we receive from clients considering a deferral of removal request in Canada, including when to act, what CBSA looks for, and when legal help can make a critical difference.
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A deferral of removal request is a written request asking the Canada Border Services Agency (CBSA) to temporarily postpone your scheduled removal from Canada. It is a discretionary request made outside the Federal Court, usually when new evidence, pending applications, or humanitarian circumstances justify delaying deportation for a short period.
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Deferral requests are decided by a CBSA enforcement officer, not an immigration judge or IRCC officer. The officer reviews whether there are compelling, time-sensitive reasons to delay removal, such as pending applications, medical issues, family considerations, or new evidence that was not previously assessed.
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Common reasons that may support a deferral request include:
A pending humanitarian & compassionate (H&C) or PRRA application
Serious medical conditions or upcoming treatment
Best interests of children affected by immediate removal
New evidence that could not reasonably have been submitted earlier
Imminent Federal Court proceedings
A deferral is not automatic — the reasons must be clearly explained and supported with evidence.
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No. A deferral of removal is a discretionary request made to CBSA, while a stay of removal is a court order granted by the Federal Court of Canada. Deferrals are often used first because they are faster, but if a deferral is refused, a judicial review and stay motion may be the next legal step.
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In many cases, yes — but only if the request is filed promptly and before the removal date. Timing is critical. If CBSA does not decide before your scheduled removal, you may still be required to leave Canada. This is why deferral requests are often treated as urgent or emergency filings.
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Deferral requests involve discretion, urgency, and high stakes. Working with an experienced immigration lawyer near you, especially one familiar with CBSA enforcement practices in Toronto and across Canada, can significantly improve how your request is framed, supported, and presented — particularly when removal is imminent or other legal options are pending.
From Our ClientsFrom start to finish, Tracy's professionalism and personalized approach made a significant difference in my case and my life. She was not only knowledgeable but also genuinely supportive, ensuring that every step of the process was handled with care and attention to detail. If you need expert immigration assistance, I highly recommend Ayodele Law
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