Can a Removal Order Be Challenged in Federal Court in Ontario?

Can you challenge a removal order in Canadian Federal Court?

Yes — a removal order issued by Canadian immigration authorities can be challenged through an application for judicial review at the Federal Court of Canada. In Babayev v. Canada (Citizenship and Immigration), 2026 CanLII 77324 (FC) (CanLII), the Federal Court reviewed a removal order and found it could not stand, sending the matter back for reconsideration. For anyone in Ontario facing removal, this outcome is a reminder that the process is not always final.

What is a removal order in Canadian immigration law?

A removal order is a formal direction requiring a person to leave Canada. It can be issued in several forms — a departure order, an exclusion order, or a deportation order — and each carries different consequences for future entry into the country. Removal orders can arise from findings of inadmissibility, failed refugee claims, or violations of immigration conditions.

The type of order matters enormously. A deportation order, for example, bars re-entry without written authorization from the Minister, potentially for life. Understanding which type of order has been issued, and why, is the first step in deciding how to respond.

What does judicial review of a removal order involve?

Judicial review is a court process where a judge examines whether an immigration decision was made lawfully and reasonably. The Federal Court does not rehear the case from scratch or substitute its own preference for the outcome. Instead, it asks whether the decision-maker followed the correct legal rules, considered the relevant evidence, and reached a conclusion that was transparent and justified.

If the court finds the decision was unreasonable or that the applicant was denied procedural fairness — for example, by not being given a proper opportunity to respond to concerns — it can set the decision aside. That is what happened in this case. Our Ontario immigration lawyers regularly assist clients in assessing whether a decision meets this standard.

How do you apply for judicial review of a removal order in Ontario?

An application for judicial review must generally be filed within 15 days of receiving the decision being challenged, though this can vary. Missing the deadline can permanently close off this route, so acting quickly is critical. The applicant must also obtain leave — permission — from the Federal Court before the full review proceeds.

Once leave is granted, both sides file written materials and the matter is argued before a Federal Court judge. For individuals living in the Greater Toronto Area or Hamilton region, our Burlington immigration law team and colleagues across the region can help navigate this process from the very first filing.

Can a removal order be stayed while judicial review is pending?

Not automatically — this is one of the most important things to understand. Filing a judicial review application does not pause the removal order on its own. A separate motion for a stay of removal must be brought before the Federal Court, and the judge must be persuaded that there is a serious issue to be decided, that the applicant would suffer irreparable harm if removed before the hearing, and that the balance of convenience favours a stay.

If a stay is not obtained, removal can proceed even while the judicial review application is still before the court. This is why timing and legal representation matter so much in these situations. Our team also handles work permit refusals and other immigration decisions where urgent action is often required.

What happens if the Federal Court sets aside a removal order?

Setting aside a removal order does not mean the person is cleared to remain in Canada permanently. It means the original decision was flawed and must be made again — by a different decision-maker or with a corrected process. The outcome of that fresh determination could still result in a removal order being issued.

However, having the original order set aside buys time and, more importantly, ensures the person gets a fair process. In some cases, circumstances change during the intervening period in ways that can affect the new decision.

Practical takeaways for people facing a removal order in Ontario

• Act immediately. The deadline to apply for judicial review is typically 15 days from the decision. There is almost no room for delay.
• Do not assume removal is automatic. A removal order can be challenged if the decision was unreasonable or procedurally unfair — but you need to identify the specific error.
• Apply for a stay separately. Filing for judicial review alone does not stop your removal. A stay motion must be brought at the same time or very shortly after.
• Know which type of order you have. Departure orders, exclusion orders, and deportation orders have very different long-term consequences for your ability to return to Canada.
• Get legal advice before the deadline passes. Missing the 15-day window can eliminate your right to challenge the decision entirely.

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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.