{"id":2508,"date":"2026-11-13T00:29:58","date_gmt":"2026-11-13T00:29:58","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/removal-hc-application-pending\/"},"modified":"2026-11-13T00:29:58","modified_gmt":"2026-11-13T00:29:58","slug":"removal-hc-application-pending","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/removal-hc-application-pending\/","title":{"rendered":"Facing removal while your H&C application is pending: can it be used to stop the removal?"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: IRPR s. 233, IRPA s. 48 and the Federal Court of Appeal’s decision in Baron checked that day.<\/em><\/p>\n

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The rule:<\/strong> a pending H&C application does not stop removal by itself. The removal order is stayed only once IRCC decides the H&C grounds justify it (IRPR s. 233).<\/p>\n

What can help:<\/strong> the H&C can be the underlying application for a deferral request to CBSA and, if CBSA refuses, a stay motion in the Federal Court.<\/p>\n

Why a lawyer:<\/strong> whether it works depends on how far along the H&C is, what it is based on, and how fast the deferral and court papers are filed. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

Many people facing removal have an application on humanitarian and compassionate grounds (H&C) already in IRCC’s queue. It is natural to assume CBSA has to wait for the answer. It does not. Under section 48 of the Act, an enforceable removal order must be carried out as soon as possible, and the regulations stay removal for an H&C only once IRCC forms the opinion that the humanitarian grounds justify a stay, which in practice comes with first-stage approval. Until then, the H&C is a reason you can give CBSA to put off the removal date, and the application a Federal Court judge can be asked to protect with a stay. How strong that reason is depends on where the H&C is in processing and what it is about.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, brings deferral requests and Federal Court stay motions for people with pending H&C applications; this guide is by Sundeep S. Grewal.<\/p>\n

Does a pending H&C stop removal?<\/h2>\n

No, not on its own. Section 233 of the Regulations stays a removal order only “if the Minister is of the opinion that the stay is justified by humanitarian and compassionate considerations”. The stay then lasts until IRCC decides whether to grant permanent residence. Before that point, CBSA’s legal duty under section 48 is to remove you as soon as possible. See humanitarian and compassionate applications<\/a> for how the application itself works.<\/p>\n

Why the processing stage matters<\/h2>\n

An H&C can be the underlying application for a request to put off removal. How much weight it carries depends a great deal on timing:<\/p>\n

\n\n\n\n\n\n\n\n\n
How the H&C’s stage affects a deferral request<\/caption>\n
Where the H&C is<\/th>\nWhat that usually means<\/th>\n<\/tr>\n<\/thead>\n
Just filed, after removal arrangements began<\/td>\nWeakest position. CBSA and the Court look at whether it was filed only to delay removal.<\/td>\n<\/tr>\n
Filed in good time and waiting in the queue<\/td>\nA deferral request can point to the filing date, IRCC’s published processing times and any delay that isn’t your fault.<\/td>\n<\/tr>\n
A decision appears close, or IRCC has asked for updated documents<\/td>\nA short deferral to let IRCC decide is easier to justify.<\/td>\n<\/tr>\n
First-stage approval granted<\/td>\nRemoval is stayed under IRPR s. 233 until the final decision.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

IRCC’s IRCC: Check processing times<\/a> page shows current H&C processing times. They change, so check them on the day you write to CBSA.<\/p>\n

Step one: a deferral request to CBSA<\/h2>\n

A removals officer has a limited discretion over the timing of removal. The Federal Court of Appeal in Baron v. Canada (Public Safety and Emergency Preparedness)<\/em>, 2009 FCA 81 adopted the summary in Wang v. Canada (Minister of Citizenship and Immigration)<\/em>, 2001 FCT 148, [2001] 3 FC 682: an H&C application, “absent special considerations”, will not justify deferral unless it is based on a threat to personal safety, and cases where the only harm is family hardship can usually be fixed by readmission if the H&C later succeeds. That is a narrow door, so the request has to show what is special about your case:<\/p>\n