Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA s. 68 and IRPR s. 251 checked that day.
The risk: a breach can lead to a reconsideration hearing, and the IAD can cancel the stay and dismiss the appeal.
Automatic cancellation: if your stay was for criminality and you are convicted of another serious offence, the stay is cancelled by law and the appeal ends.
Why a lawyer: what you do before the reconsideration hearing often decides whether the stay continues. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
When the Immigration Appeal Division stays a removal order, it gives you a chance to show you can comply. The stay always comes with conditions, some required by the regulations and some added by the IAD, such as reporting to CBSA or keeping the peace. Breaching them puts the stay at risk. In most cases the IAD can reconsider the appeal and decide whether to continue, change or cancel the stay. In one situation, a new conviction for a serious offence after a stay for criminality, the stay is cancelled automatically and the appeal is over.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents people at IAD stay reconsiderations and handles the removal steps that follow; this guide is by Sundeep S. Grewal.
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The conditions every stay has
Section 251 of the Regulations lists the conditions the IAD must impose:
- tell CBSA and the IAD in writing, in advance, of any change of address;
- give CBSA a copy of your passport or travel document, or apply for one;
- renew it before it expires and send CBSA a copy;
- not commit any criminal offence;
- tell CBSA promptly in writing of any criminal charge;
- tell CBSA and the IAD promptly in writing of any conviction.
The IAD usually adds others, such as reporting to CBSA, keeping the peace, or attending treatment.
What happens after a breach
| Situation | What happens |
|---|---|
| Missed reports, an address change not reported, other conditions | The Minister may apply to reconsider; the IAD can continue, change or cancel the stay (s. 68(3)) |
| Stay granted for criminality or serious criminality, then convicted of another offence described in s. 36(1) | The stay is cancelled by operation of law and the appeal is terminated (s. 68(4)) |
| A new charge, not yet a conviction | Must be reported to CBSA; the outcome of the charge matters |
Preparing for reconsideration
At a reconsideration, the IAD looks at the whole picture again, including the humanitarian factors it relied on and how you have done since. What helps:
- an honest explanation of the breach and what has changed;
- proof of compliance with the other conditions;
- evidence of rehabilitation, work, family and treatment;
- fixing the breach right away, such as reporting the address change.
If the stay is cancelled and the appeal dismissed, the removal order becomes enforceable. A Federal Court challenge, a deferral request and a stay motion may then be the remaining steps; see a stay after a PRRA or deferral refusal. For how IAD appeals work generally, see Immigration Appeal Division appeals.
Why this needs a lawyer
One lawyer, one file, every step:
- reviewing your stay conditions and what CBSA says you breached;
- fixing the breach and documenting compliance;
- preparing evidence and submissions for the reconsideration hearing;
- advising on criminal charges with the immigration consequences in mind;
- handling the Federal Court and removal steps if the stay is cancelled.
A reconsideration is a second chance to persuade the IAD, but it is usually the last one. Preparing it well, and coordinating with any criminal case, is what protects the stay.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Ignoring a letter about a missed report.
- Not reporting a new charge to CBSA.
- Pleading guilty to a new offence without immigration advice.
- Moving without telling CBSA and the IAD.
Frequently asked questions
Will one missed report cancel my stay?
Not automatically. The IAD decides on reconsideration, looking at the whole picture.
What if I’m charged but not convicted?
Report the charge. Only a conviction for an offence described in s. 36(1) triggers automatic cancellation; get immigration advice before any plea.
Can I appeal if the IAD cancels my stay?
You can apply to the Federal Court for leave and judicial review, within the deadline.
What should I do right now?
Read your stay decision to list every condition, fix any breach today, and get advice before any reconsideration hearing or plea in a criminal case.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 68
- Immigration and Refugee Protection Regulations, s. 251
- Immigration and Refugee Protection Act, s. 72
This article is general information, not legal advice. Every case depends on its own facts.