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Last verified: March 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 13 RemovalDIVISION 3 Stay of Removal Orders
r.231

Stay of removal — judicial review

Removal
🍁 In Simple Terms

If your refugee claim is rejected and you apply for judicial review of that decision, your removal from Canada is automatically paused while the court decides whether to hear your case. The stay ends at the earliest of several events, including if the court refuses to hear the application or if judicial review is dismissed.

Affects: Persons subject to removal or detention
Legal Text — IRPR Regulation 231

(1)231 (1) Subject to subsections (2) to (4), a removal order is stayed if the subject of the order makes an application for leave for judicial review in accordance with section 72 of the Act with respect to a decision of the Refugee Appeal Division that rejects, or confirms the rejection of, a claim for refugee protection, and the stay is effective until the earliest of the following:

(3)(3) There is no stay of removal if

IRPA Authority
In Practice
Official Source: Justice Canada — IRPR r. 231 (authoritative, may differ from this display)
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