While s.48 of the Immigration and Refugee Protection Act (IRPA) directs that a removal order be enforced once it has come into effect, the Canada Border Services Agency (CBSA) has limited discretion to defer a removal through a procedure known as Administrative Deferral of Removal (ADR). It is a temporary measure utilized when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. The deferral is not meant to address persistent and systematic human rights problems which constitute individualized risk. Once the situation in a country stabilizes, the ADR is lifted and the CBSA resumes removals for individuals who are inadmissible to Canada and have a removal order in effect. An individual who is inadmissible on grounds of  international or human rights violations, organized crime, or security, can still be removed despite the ADR.

 

NOTE: An ADR is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, and Haiti.

 

A request can be made to defer a removal. It is generally based on transitional situations causing prejudice to the applicant or related persons. It has been acknowledged by the courts in Gill v Canada (Public Safety and Emergency Preparedness), 2020 FC 1075 that situations justifying a deferral may include: illness or other impediments to removal, the short-term best interests of children, the existence of pending immigration applications that were made on a timely basis, risk of death, or extreme sanction or inhumane treatment. It is important to note, however, that the decision is discretionary and the relief is temporary in nature. It is available to address only short-term impediments to removal; indefinite postponement is not entertained.