Why Waiting After a CBSA Removal Order Can Cost You Everything
(Got a CBSA Removal Order? Time is Extremely Limited)
Receiving a removal order from the CBSA can feel overwhelming. Many people assume that such a serious step must involve a final hearing or an opportunity to explain their circumstances. In practice, a removal order does not come with a pause. It marks the point at which time becomes the most decisive legal factor.
Once a removal order becomes enforceable, strict timelines begin running. At this stage, the remaining steps are limited, procedural, and often represent a person’s final opportunity to seek legal relief. Because those steps are both urgent and interconnected, this is also when professional legal assistance becomes especially important.
No Automatic Hearing Before Removal
A CBSA removal does not trigger a new hearing. Any hearing related to your case usually occurred earlier—such as a refugee hearing, an admissibility hearing, or an appeal that has already concluded. Removal itself is an enforcement step. Unless another legal process is started in time, CBSA may proceed without further review.
Step One: Is an Appeal Available?
Some people, including certain permanent residents, may have a limited right to appeal a removal order. If filed on time, an appeal may temporarily stop removal; if not, the option is lost.
Step Two: Administrative Deferral by CBSA
In some cases, it may be possible to request an Administrative Deferral of Removal from CBSA. This is not a hearing or an appeal, but a discretionary request to delay removal based on urgent practical or humanitarian considerations.
A deferral request does not automatically stop removal and does not extend court or appeal deadlines.
Step Three: Judicial Review in Federal Court
If no appeal exists — or an appeal has failed — the next procedural step may be judicial review in the Federal Court. Judicial review is not an appeal on the merits; it examines legality and procedural fairness.
Not every case has grounds for judicial review. Where no reviewable error exists, complying with the removal order may be the appropriate course.
Where judicial review is pursued, timelines are strict:
- 15 days if the decision was made inside Canada
- 60 days if it was made outside Canada
Step Four: Seeking a Stay of Removal (If Judicial Review Is Pursued)
Filing for judicial review does not suspend removal. Where review is pursued and removal is imminent, a stay of removal must be sought to temporarily halt enforcement pending the Court’s determination. This step is procedurally linked to judicial review and often proceeds urgently, sometimes without a pre-set hearing date.
Final Takeaway:
Each step after a removal order is governed by strict timelines and different legal rules. Because these processes are time-sensitive and procedurally complex, seeking professional guidance early can be important to ensure that potential avenues are properly identified before deadlines pass.
At Osuji & Smith Lawyers, our immigration lawyers can assist you navigate every stage of this process.