If you have a removal order - an official order to leave Canada, you may still be able to apply to stay in Canada but in order to do so there must be an underlying judicial review application challenging the removal order or any other decision of the CIC or CBSA that caused the issuance of the removal order.
The fact that there is a judicial review challenge is not sufficient to prevent your removal from Canada. A formal motion to the Federal Court is required with detailed supporting affidavits dealing with the three tests for a stay, namely, a serious issue raised by the underlying judicial review challenge, irreparable harm to the applicant and that the balance of convenience favours the applicant's continued stay in Canada pending the determination of the judicial review application.
Both judicial review applications and stay of removal motions to the Federal Court involves complex areas of law. You must engage an immigration lawyer who is experienced in doing these types of applications and motions if you are going to have a chance of staying in Canada.
Raj Napal has 2 decades of experience of judicial review and stay motions in the Federal Court. He has the knowledge and experience to put your best case forward. Contact NLC lawyers for a confidential consultation.
Immigration Law Services by NLC Lawyers Include: Permanent Residency | Humanitarian And Compassionate | Designated Foreign Nationals | REMOVAL ORDERS | Business Application | Stay Of Deportation Orders | Detention Review | Refugee Claim | Division And Federal Appeals | Family Sponsorships | Fast Track Law
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