Deferral Request
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Requesting a Temporary Delay of Removal from Canada
A Deferral Request is a formal submission made to the Canada Border Services Agency (CBSA) requesting a temporary delay in enforcement of a removal order. This request is made outside the Federal Court and asks the CBSA officer to exercise discretion and postpone your removal while other important immigration or humanitarian matters are pending.
At Sunder Law, we assist individuals at risk of deportation by preparing detailed, evidence-based deferral requests that highlight humanitarian concerns, pending applications, new evidence, or serious risk upon return. A well-prepared deferral can be the difference between being removed and having the time to pursue your legal remedy in Canada.
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How Sunder Law Can Help?
Case-Specific Deferral Strategy
We assess your current immigration status, risk factors, pending applications (such as PRRA or H&C), and other relevant details to determine whether a deferral request is appropriate and legally viable.
Evidence-Driven Submissions
We prepare and submit a detailed deferral request to CBSA, including supporting documentation, humanitarian grounds, medical evidence (if applicable), and risk of irreparable harm if removed.
Clear, Persuasive Legal Argumentation
Our submissions are structured to meet CBSA expectations, highlighting how your circumstances justify discretionary relief and why immediate removal would be inappropriate.
Direct Communication with CBSA Officers
We engage with CBSA on your behalf and ensure the request is received, acknowledged, and considered within the appropriate timeframe.
Frequently Asked Questions (FAQs)
It is a written request submitted to CBSA asking for a delay in removal from Canada, usually because there are pending legal or humanitarian considerations that have not yet been resolved.
A Deferral Request is made to CBSA, not to Federal Court. It is based on humanitarian or procedural grounds and is discretionary. A Stay of Removal, on the other hand, is a court-issued order. Sunder Law can advise you on which option suits your situation best.
Examples include a pending PRRA, H&C application, medical issues, family hardship, or new risk evidence. We review your case in detail to determine the strongest legal and factual grounds for your request.
No. Deferral decisions are discretionary and case-specific. However, strong evidence and well-reasoned submissions improve your chances of success. Sunder Law prepares your request in line with legal standards and CBSA policy guidelines.
Removal may still proceed unless CBSA agrees to defer. That’s why submitting a timely, professionally prepared request is crucial. We act promptly and engage CBSA to ensure they are aware of the request before enforcement.
While it’s possible, preparing an effective request involves legal argumentation, documentation, and time-sensitive communication with CBSA. At Sunder Law, we manage this process from start to finish to reduce your risk of removal.
Responses are typically issued within a few days, depending on the urgency and enforcement schedule. We flag urgent timelines in our submission to encourage expedited review.