Sunder Law

Stay of Removal

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Protecting You from Imminent Deportation

Facing removal from Canada can be an overwhelming and distressing experience, especially if your legal matter remains unresolved. A Stay of Removal is a legal remedy used to temporarily halt deportation while a pending immigration or Federal Court matter is being reviewed.

At Sunder Law, we assist clients who are facing imminent removal by preparing urgent stay applications to the Federal Court of Canada. This process can stop deportation while your case—such as a judicial review, humanitarian application, or appeal—is still in progress. Our team acts swiftly, as removal cases are governed by strict timelines and limited windows for legal intervention.

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How Sunder Law Can Help in Stay in Removal

Immediate Legal Response

We understand that stay matters are urgent. We act quickly to file emergency applications and safeguard your legal right to remain in Canada while your case is under review.

Strategic Case Evaluation

We evaluate the status of your ongoing immigration matter, determine eligibility, and assess the merits of your stay request under the Federal Court’s legal framework.

Strong, Evidence-Based Submissions

We prepare detailed affidavits, legal briefs, and supporting evidence to demonstrate the risk of irreparable harm and the existence of serious legal issues.

Skilled Federal Court Advocacy

With experience in high-stakes removal cases, we represent you at every stage with precision and professionalism, ensuring procedural compliance and persuasive argumentation..

Frequently Asked Questions (FAQs)

1. What is a Stay of Removal in Canadian immigration law?

It is a legal application submitted to the Federal Court to temporarily stop deportation or removal from Canada. It does not cancel the removal order, but delays enforcement until the court reviews the related matter.

2. Who qualifies for a Stay of Removal?

You may qualify if you have a pending immigration process—such as a judicial review, appeal, H&C application, or PRRA—that has not been concluded. We assess whether your case meets the legal standard for a stay request.

3. What is the deadline to file for a Stay of Removal?

Stay applications must be filed immediately after receiving a removal notice. In many cases, there is only a 24–48 hour window to take legal action. Prompt consultation is critical.

4. Does a Stay of Removal guarantee permanent status?

No. A granted stay only pauses your removal. It gives you time to resolve your ongoing legal matter, which could later result in a permanent solution depending on the outcome.

5. How does the court decide to grant a Stay of Removal?

The court considers three main factors:

(1) if there’s a serious legal issue to be determined,
(2) if the applicant will suffer irreparable harm, and
(3) if the balance of convenience favors the applicant.

Our submissions are structured around these criteria.

6. Can I stay in Canada while my stay application is pending?

Once the application is filed and accepted for review, removal may be temporarily suspended. However, CBSA can still act unless the court grants an official stay. Legal counsel is essential to manage this process properly.

7. Can a Stay be denied?

Yes. If the court finds insufficient urgency or weak legal grounds, your request may be denied. Sunder Law work to ensure your submission is clear, persuasive, and timely

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