Case snapshot
At a glance
- Case
- Can a Deportation Order Be Challenged in Federal Court?
- Court / Tribunal
- FC
- Date
- July 16, 2026
- Area of law
- Immigration Law
- Key issue
- Whether a removal order issued under the Immigration and Refugee Protection Act was subject to judicial review by the Federal Court of Canada.
- Outcome
- The Federal Court reviewed the removal order, providing judicial scrutiny of the decision to exclude and remove the individual from Canada.
- Why it matters
- If you or a family member is facing a removal or deportation order, this case confirms that Federal Court judicial review remains a meaningful avenue to challenge those decisions.
Legal principle
The rule from this case
When Canadian immigration authorities issue a removal order against a person in Canada, that decision is not necessarily final. The Federal Court has the authority to review whether the removal order was made correctly — meaning whether the decision-maker followed the law, considered the right factors, and reached a reasonable conclusion. This is called judicial review, and it is one of the most important tools available to people facing deportation. The court does not simply re-decide the case from scratch. Instead, it asks whether the original decision was reasonable and procedurally fair. If the answer is no, the court can send the matter back to be decided again — giving the affected person another chance to have their situation properly considered.
Important limits
What this does not mean
This decision does not mean that every removal order will be overturned on judicial review. The Federal Court applies a reasonableness standard in most immigration cases, which means it gives some deference to the original decision-maker. Simply disagreeing with the outcome is not enough to succeed — the person seeking review must show that the decision had a serious flaw in reasoning, ignored key evidence, or violated procedural fairness. This case also does not create a blanket right to stay in Canada while a judicial review is pending. A separate motion for a stay of removal must be brought, and those are granted only when specific legal criteria are met. Getting leave to bring a judicial review and actually winning one are two different steps, each with their own requirements.
What is a removal order and who can receive one?
A removal order is an official direction requiring a person to leave Canada. It can be issued against visitors, temporary residents, refugee claimants, and even some permanent residents who are found to be inadmissible under the Immigration and Refugee Protection Act (IRPA). There are three types — departure orders, exclusion orders, and deportation orders — and each carries different consequences for a person’s ability to return to Canada in the future.
In Odongo v. Canada (Public Safety and Emergency Preparedness), 2026 CanLII 71258 (FC), the Federal Court examined a removal order in the context of the exclusion and removal of a visitor to Canada. The case is a reminder that removal orders can be issued in a wide range of circumstances and that the legal consequences can be severe.
Can you challenge a deportation or removal order in court?
Yes — removal orders can be challenged through judicial review at the Federal Court of Canada. Judicial review is the primary legal mechanism for contesting immigration decisions that fall outside the Immigration Appeal Division’s jurisdiction, or where an appeal right does not exist. Our Ontario immigration lawyers regularly assist clients in navigating this process.
To bring a judicial review, a person must first obtain “leave” — essentially, permission from the Federal Court to proceed. If leave is granted, the court then examines whether the removal order was made lawfully and reasonably. This is not an appeal in the traditional sense; the court is not simply substituting its own judgment for that of the immigration officer or tribunal.
What standard does the Federal Court use to review removal orders?
The Federal Court generally applies a “reasonableness” standard when reviewing immigration decisions, including removal orders. This means the court asks whether the decision falls within a range of acceptable outcomes based on the facts and the law — not whether the judge would have decided differently.
In some situations, where procedural fairness is at issue, the court applies a correctness standard, which is more demanding. If an immigration officer failed to give a person a fair opportunity to respond to concerns, or ignored critical evidence, those are the kinds of errors that can lead a court to set aside a removal order and send the matter back for reconsideration.
What happens to your removal order while judicial review is pending?
Filing for judicial review does not automatically pause a removal order. The Canada Border Services Agency (CBSA) can continue to enforce a removal order even while a court application is in progress. To stop removal from happening while the case is before the court, a person must bring a separate motion for a “stay of removal.”
A stay of removal is only granted if the person can show: (1) there is a serious issue to be argued, (2) they would suffer irreparable harm if removed before the review is decided, and (3) the balance of convenience favours granting the stay. This is a high bar, and timing matters enormously — these motions often need to be brought on very short notice. If you are facing imminent removal, connecting with a lawyer who handles judicial review applications as quickly as possible is critical.
Does the type of removal order affect your rights?
Yes, the type of removal order matters significantly. A departure order allows a person to leave voluntarily and may permit them to return to Canada in the future with the right documentation. An exclusion order bars re-entry for one or two years, depending on the circumstances. A deportation order is the most serious — it permanently bars re-entry without written authorization from the Minister.
The type of order also affects whether an appeal is available. Permanent residents and some protected persons have appeal rights before the Immigration Appeal Division. Visitors and foreign nationals facing exclusion orders generally do not have the same appeal rights, making Federal Court judicial review one of the few remaining options to contest the decision.
Practical takeaways for people facing removal orders
- Act immediately. Deadlines for seeking judicial review are strict — typically 15 days from the date of a decision made inside Canada. Missing this deadline can permanently close the door to court review.
- Know your order type. Whether you have a departure, exclusion, or deportation order affects your appeal rights, your ability to return to Canada, and your legal strategy.
- A stay of removal is separate from judicial review. If your removal is scheduled, you may need to bring an urgent motion to pause it while your case is being heard.
- Procedural fairness errors matter. If you were not given a fair chance to respond to concerns raised against you, that may be a strong basis for judicial review.
- Get legal advice early. Immigration law is technical and time-sensitive. Consulting a lawyer before a removal order is enforced gives you the most options.
Residents of the Hamilton and Burlington areas who are facing immigration enforcement issues can connect with our team at our Burlington immigration law office, which serves clients across Ontario.
UL Lawyers offers a free initial consultation from our Burlington office and works with clients throughout Ontario. If you or someone you know is facing a removal order or needs help with an immigration matter, reach out to our experienced immigration legal team to discuss your options.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
You generally have 15 days from the date of the decision to file for judicial review if the decision was made inside Canada, or 60 days if it was made outside Canada. These deadlines are strict, so it is important to act quickly.
No — filing for judicial review does not automatically pause a removal order. You must bring a separate urgent motion for a stay of removal, and it will only be granted if you meet a specific three-part legal test.
Yes. While visitors typically do not have appeal rights before the Immigration Appeal Division, they can apply to the Federal Court for judicial review of a removal or exclusion order if there are grounds to argue the decision was unreasonable or procedurally unfair.