Case snapshot
At a glance
- Case
- Can a Refugee's Removal Be Stopped in Canada? Ontario Case
- Court / Tribunal
- FC
- Date
- June 23, 2026
- Area of law
- Immigration Law
- Key issue
- Whether the Federal Court would intervene in a decision affecting a refugee claimant's removal from Canada.
- Outcome
- The Federal Court ruled on the merits of the removal challenge, resulting in a determination that affected whether the removal could proceed.
- Why it matters
- If you or a family member faces removal from Canada as a refugee claimant, understanding when courts can step in may be the difference between staying and being deported.
Legal principle
The rule from this case
Canadian law recognizes that refugees and refugee claimants have procedural and substantive rights before they can be removed from the country. Courts can review government decisions about removal when those decisions may be unreasonable or fail to account for serious risks the person would face if returned to their home country. The Federal Court has jurisdiction to examine whether immigration authorities properly considered all relevant factors before ordering or enforcing a removal. This includes whether decision-makers followed the correct legal process and whether the outcome was justified given the evidence before them.
Important limits
What this does not mean
This decision does not mean that every refugee or refugee claimant can automatically stop their removal from Canada. Courts apply a high bar when reviewing removal decisions, and simply filing for judicial review does not automatically pause a removal order — a separate stay of removal must be obtained. This case also does not create a blanket rule that all removal decisions will be overturned on review. Each case turns on its own facts, the specific risks identified, and whether the decision-maker followed the proper legal framework. A successful outcome in one case does not guarantee the same result in another.
Can a refugee claimant stop a removal order in Canada?
Yes — in certain circumstances, a refugee claimant can challenge a removal order through the Federal Court, but doing so requires meeting specific legal thresholds. This ruling from the Federal Court, Chaudhari v. Canada (Citizenship and Immigration), 2026 CanLII 61606 (FC) (CanLII), is a reminder that removal decisions are not always final and that legal avenues exist to challenge them.
If you or someone you know is facing removal from Canada, the most important step is to act quickly — deadlines in immigration law are strict and missing them can eliminate your options.
What is a removal order in Canadian immigration law?
A removal order is a formal government direction requiring a person to leave Canada. There are different types — departure orders, exclusion orders, and deportation orders — and each carries different consequences for future entry into the country.
For refugee claimants, a removal order typically follows a negative decision from the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD). Once all appeal rights are exhausted, the Canada Border Services Agency (CBSA) can enforce the order and physically remove the person from Canada.
When can the Federal Court review a removal decision?
The Federal Court can review immigration decisions — including those related to refugee removal — through a process called judicial review. To bring a judicial review application, you generally need leave (permission) from the court, and you must file within strict time limits after the decision is made.
Our Ontario immigration lawyers regularly assist clients in assessing whether a removal decision is reviewable and whether the grounds for challenge are strong enough to proceed. The court looks at whether the decision was reasonable — meaning whether it was justified, transparent, and based on the evidence and law.
What happens if you file for judicial review of a removal order?
Filing for judicial review does not automatically stop your removal. You must also bring a separate motion for a stay of removal, which asks the court to pause the removal while the judicial review is pending.
To get a stay, you must satisfy a three-part legal test: show there is a serious issue to be tried, that you would suffer irreparable harm if removed before the review is heard, and that the balance of convenience favours pausing the removal. This is a high bar, and not every applicant succeeds — which is why legal advice matters from the very start. If you are in the Hamilton or Burlington area, our team at UL Lawyers in Hamilton can help you assess your options quickly.
What risks are considered before someone is removed from Canada?
Before removal is enforced, Canadian law requires that serious risks to the person’s life, liberty, or safety be considered. This can include risks of persecution, torture, or cruel and unusual treatment in the country of removal.
In some cases, a Pre-Removal Risk Assessment (PRRA) is available, which allows a person to present new evidence of risk that was not before the RPD or RAD. However, there are waiting periods and eligibility rules that apply, so it is important to understand whether a PRRA is available to you and when you can apply.
What does this Federal Court decision mean for refugee claimants?
This decision reinforces that the Federal Court takes seriously its role in reviewing removal-related decisions. Where immigration authorities have not properly applied the law or have failed to weigh relevant evidence, the court is prepared to intervene.
For refugee claimants, this is meaningful because it confirms that the door to judicial review remains open when decisions are made incorrectly. However, accessing that door requires prompt action, proper legal filings, and a clear understanding of what grounds are available. Those seeking judicial review of an immigration decision should consult a lawyer as soon as possible after receiving a negative decision.
Practical takeaways for refugee claimants facing removal
- Act immediately after a negative decision. Deadlines to file for judicial review are typically 15 days (for decisions made inside Canada) or 60 days (for decisions made outside Canada). Missing these deadlines usually means losing the right to challenge.
- Understand that filing alone does not stop removal. You must separately seek a stay of removal if you want to remain in Canada while your judicial review is heard.
- Gather new evidence of risk. If your situation has changed since your original refugee hearing, document it carefully — this may support a PRRA application or strengthen a judicial review.
- Know the difference between appeal options. The RAD, the Federal Court, and the PRRA are different processes with different rules. A lawyer can help you identify which one applies to your situation.
- Consult a lawyer before speaking to CBSA. Anything you say to border officials can affect your case. Get legal advice before attending any CBSA appointment related to your removal.
UL Lawyers offers a free initial consultation from their Burlington office and serves clients across Ontario. If you or a family member is facing a removal order or a negative refugee decision, speak with our immigration law team to understand your options before time runs out.
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
No. Filing a judicial review application does not pause your removal. You must bring a separate motion for a stay of removal and satisfy a three-part legal test before the court will halt the process.
A PRRA is a process that allows certain individuals facing removal to present new evidence of risk to their life or safety in their home country. Not everyone is eligible, and there are waiting periods that apply depending on your situation.
Generally, you have 15 days from receiving the decision if it was made inside Canada, or 60 days if it was made outside Canada. These deadlines are strict, and missing them typically means losing your right to challenge the decision.