3. Find out if you need to ask the Court to let you stay in Canada
Question & AnswerHow do I apply for judicial review?
If you’ve asked the Federal Court to review a decision from any of the divisions of the (IRB), you’re usually allowed to stay in Canada until the Court makes its decision.
But you’re not automatically allowed to stay in Canada if you’re asking for of your:
- RPD decision that refuses your refugee claim for having “no credible basis” or for being “manifestly unfounded”,
- or ,
- (PRRA) application,
- Humanitarian and compassionate (H&C) application, or
- request to CBSA to defer your removal from Canada.
In these situations, if CBSA attempts to remove you before your judicial review application is decided, you also have to ask the Court for an order to stay your removal.
Ask for a stay of removal
You must apply to the Federal Court for a stay of removal. This is a very complicated legal process so it’s very important to get legal help right away.
When deciding whether to order a stay, the Court will look at three important questions:
- Have you raised a serious issue in your Application for Leave and Judicial Review?
- Will you suffer “irreparable harm” if the stay of removal is not granted?
- Who will suffer more if the stay is not granted, you or the respondent?
To show irreparable harm, you must give that proves your removal would have a very harmful impact on you or someone close to you. Your evidence must show:
- the physical, psychological or other harm you or others may suffer if you’re removed from Canada, and
- the best interest of any child affected by your removal. This might include medical issues or the need to complete a school year.