What is a Stay Application
As discussed under the Admissibility section of this site there are several different ways in which a person can be removed from Canada. In the event you are subject to a removal order you may be required to go to Court to seek a “stay” or freeze of the removal proceedings.
Common Scenarios where a Stay Order Would Be Requested
Automatic Stays
In the refugee context, claimants often enter Canada illegally and are permitted to remain in Canada pending the outcome of their refugee hearing. In the event of a negative refugee claim, the original conditional removal order is activated. In those circumstances an application to the Federal Court will have the effect of an automatic “stay” of removal pending the outcome of the Federal Court determination.
Requested Stays
In many other circumstances, such as a negative determination at the Immigration Division or the Immigration Appeal Division, removal orders may be made by the decision maker. In such circumstances you may have to go to Court to try and prevent the removal by Immigration. Stay applications are almost always attached to a main application such as a Humanitarian and Compassionate Application.
Applying for Stays
As noted above, stay applications are not independent but are typically connected to an application which could potentially provide you with the right to remain in Canada. Thus, stay applications which are applied for at the last minute without a long range plan are typically rejected as efforts to prevent deportation. Courts are far more willing to entertain Stay applications when they are requested to ensure that Immigration has properly considered an ongoing application before removal.
Stay applications are applied for at the Federal Court of Canada, often on very short notice. The applications are very technical and difficult to obtain.
If you believe you require a stay application, please contact our office to arrange a consultation to discuss your options.