If my deferral of removal request is refused, what are my options before the removal date?

If CBSA refuses a deferral request, the main legal option is to seek judicial review of that refusal at the Federal Court, which requires first asking the Court for leave, and separately asking for an urgent stay of the removal itself while that leave application is decided. Because the removal date is imminent, this typically has to move on an emergency footing, with the stay motion argued against the same three-part test used for other removal stays: a serious issue, irreparable harm, and where the balance of convenience lies.

In some situations, a fresh deferral request can also be worth making directly to CBSA, but only where there is genuinely new or stronger information than what was already considered and rejected — repeating the same request is unlikely to succeed. Whether a fresh request or urgent Federal Court proceedings make more sense depends heavily on the specific facts and the time actually available.

Because these situations move extremely quickly once a removal date is confirmed, getting legal advice the moment a deferral is refused is far more useful than waiting to see what happens closer to the date.