Requests for Deferral of Removal from CBSA
In some situations, a person facing imminent removal from Canada may request that the Canada Border Services Agency (“CBSA”) temporarily defer or postpone their removal.
A deferral request is generally made to the CBSA removals officer responsible for enforcing the removal order. These requests are often urgent and may arise shortly before a scheduled removal date.
Gerami Law PC assists clients with urgent requests for deferral of removal, including preparation of legal submissions, supporting evidence, and related Federal Court proceedings where necessary.
What Is a Deferral Request?
A deferral request asks CBSA to temporarily delay enforcement of a removal order due to exceptional circumstances or new developments that require further consideration before removal proceeds.
Deferral requests are discretionary and assessed on a case-by-case basis. CBSA officers generally consider whether there are compelling reasons why removal should not proceed at the scheduled time.
A deferral request does not cancel the removal order or grant immigration status. It is a temporary request to postpone removal.
Circumstances That May Support a Deferral Request
Deferral requests may arise in many different situations, including:
- Pending immigration or refugee applications;
- newly available evidence affecting risk or humanitarian considerations;
- pending judicial review proceedings;
- medical emergencies or serious health concerns;
- inability to safely travel;
- risks affecting children or vulnerable family members;
- procedural fairness concerns;
- incomplete disclosure or unresolved legal issues; or
- significant new country-condition developments.
Each case depends on its specific facts, supporting evidence, timing, and procedural history.
Urgent Nature of Deferral Requests
Deferral requests are often highly urgent and may need to be prepared within very short timelines.
Successful requests typically require:
- detailed written submissions;
- credible supporting evidence;
- careful explanation of the urgency and exceptional circumstances; and
- strategic assessment of parallel legal remedies.
In some situations, if CBSA refuses to defer removal, it may be possible to challenge the refusal before the Federal Court and seek a stay of removal.
Deferral Requests and Pending Applications
Many individuals facing removal may also have ongoing immigration matters, including:
- humanitarian and compassionate applications;
- Pre-Removal Risk Assessment (“PRRA”) applications;
- refugee-related proceedings;
- sponsorship applications;
- permanent residence applications; or
- judicial review proceedings.
The existence of a pending application does not automatically stop removal from Canada. However, depending on the circumstances, it may form part of the basis for requesting a temporary deferral.
Medical and Humanitarian Considerations
Deferral requests sometimes involve urgent medical or humanitarian concerns, including:
- serious illness or mental health concerns;
- pregnancy-related complications;
- lack of access to medical care abroad;
- risks affecting children;
- family separation; or
- compassionate considerations arising shortly before removal.
Strong supporting documentation is often critical in these cases.
How We Can Help
Gerami Law PC assists clients with:
- urgent requests for deferral of removal;
- preparation of legal submissions to CBSA removals officers;
- gathering and organizing supporting evidence;
- strategic advice regarding removal-related remedies;
- Federal Court litigation related to refused deferral requests; and
- urgent stay of removal proceedings where necessary.
Deferral requests are emergency immigration matters involving strict timelines and significant consequences. Immediate legal advice is strongly recommended where a removal date has been scheduled or where CBSA has initiated enforcement action.