Can a stay of removal be granted on humanitarian grounds?

Yes, a stay of removal postpones enforcement of a removal order and can be granted on humanitarian grounds in certain circumstances. Stays can be granted by a court or tribunal (such as the IAD or Federal Court) as part of an appeal or judicial review process, or in some limited cases by CBSA itself under ministerial guidelines for deferral.

The Federal Court can grant a stay of removal while a judicial review application is pending, but this requires demonstrating that there is a serious issue to be decided, that you would suffer irreparable harm if removed before the review is heard, and that the balance of convenience favours a stay. This is a high bar. The IAD can also grant a stay when hearing a removal order appeal, particularly where humanitarian and compassionate factors are compelling.

CBSA enforcement officers have some discretion to defer removal in circumstances where removal would be contrary to humanitarian principles — for example, where a stay is imminent from a court, where there are urgent medical issues, or where a child's best interests are severely implicated. However, CBSA deferred removal is not a right and is discretionary. If you are facing imminent removal and have not yet explored all options, contacting a lawyer immediately — even on very short notice — can sometimes identify an available stay mechanism. The earlier you act, the more options remain open.