Who can stop deportation?
- Thread starter imadeddin
- Start date
What's his history in Canada? Failed refugee claim and all appeals exhausted? What about PRRA? Or was this an H&C application or something else?
Hey there,
It sounds like it's a direction to report voluntarily for removal, if so it's an enforceable order and he's getting a chance to leave on his own and they'll be confirming his departure. Fail to appear - warrant.
The way to lawfully prevent the removal would be to argue for an emergency Stay of removal to the Federal Court of Canada. Here's a link https://www.fct-cf.gc.ca/content/assets/pdf/base/Practice-Guidelines-IMM-Stay-Motions-ENG-FINAL-18-02-2021.pdf
It's a tall order but in a nutshell: they have to agree to hear it; it will have to contain evidence of irrevocable harm should the removal happen; and at best it will be a temporary Stay of removal.
To be clear, there are strict time and evidence requirements to get a perfected application in front of a judge's nose. Your lawyer will need to burn candles to get something together that would have even a ghost of a chance to succeed. Arrive with deep pockets and ample pessimism.
As already mentionned there is the option of trying to get a stay of removal. Depending on financial circumstances your friend will need to evaluate whether spending such a large amount of money is worth the small chance and whether that would exhaust any resettlement money they have if they are deported. Harsh but what money they will be left with if deported needs to be considered given the low odds of approval.