There is a lot of misconceptions amongst the public that if a judicial review application is brought to challenge the decision of the CIC or CBSA, there is an automatic stay of any pending deportation order. This assumption is incorrect. A motion must be brought to stay the deportation and the three tests for a stay must be satisfied before a Federal Court judge will order a stay. Your immigration lawyer must firstly be able to demonstrate that there is a serious issue to be determined in the underlying judicial review application. Secondly, you will suffer irreparable harm if you are compelled to return to your home country. Finally, the balance of convenience favours you remaining in Canada.
The case law is complex and the materials that will be required to stay the deportation order is extensive. The Federal Court routinely dismisses motions for a stay of deportation if it is not brought in a timely manner.
Anyone who has received a removal order and direction to report for removal by the CBSA MUST retain a immigration lawyer quickly so the lawyer has the required time to prepare the motions materials and case law.
Trust in the knowledge and the experience of Raj Napal so you have a reasonable prospect of your deportation being stayed.
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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