{"id":2511,"date":"2026-11-13T00:30:23","date_gmt":"2026-11-13T00:30:23","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/too-sick-to-travel-removal-canada\/"},"modified":"2026-11-13T00:30:23","modified_gmt":"2026-11-13T00:30:23","slug":"too-sick-to-travel-removal-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/too-sick-to-travel-removal-canada\/","title":{"rendered":"Too sick to travel: deferring removal from Canada on medical grounds"},"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: IRPA s. 48, the Federal Court of Appeal’s decision in Baron, and IRPA s. 25(1.21) checked that day.<\/em><\/p>\n

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The rule:<\/strong> a serious medical condition can justify putting off a removal date, but only for as long as the medical reason lasts.<\/p>\n

What matters:<\/strong> a recent, specific doctor’s letter on fitness to travel, treatment underway, and what would happen if it stopped.<\/p>\n

Why a lawyer:<\/strong> the request has to fit within CBSA’s narrow discretion, and a longer-term solution may need an H&C or a stay. 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

When someone facing removal is seriously ill, the questions are practical and legal at once: can they physically travel, will treatment be interrupted, and is care available in the country they are being sent to? CBSA’s power to put off a removal includes factors that affect travel arrangements, and a serious illness is one of them. But the law treats a medical deferral as temporary: it lasts while the reason lasts. For a lasting answer, the health issue usually has to be raised in an H&C application, and in some cases in a Federal Court stay motion.<\/p>\n

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

What CBSA can consider<\/h2>\n

Under section 48, removal must happen as soon as possible, but a removals officer has some discretion over timing. The list adopted by the Federal Court of Appeal in Baron v. Canada (Public Safety and Emergency Preparedness)<\/em>, 2009 FCA 81 from Wang v. Canada (Minister of Citizenship and Immigration)<\/em>, 2001 FCT 148, [2001] 3 FC 682 includes “factors related to making effective travel arrangements”. Being unfit to travel, or being in the middle of treatment that cannot safely stop, fits there. What it doesn’t do is cancel the removal; it moves the date.<\/p>\n

What the medical evidence should say<\/h2>\n
\n\n\n\n\n\n\n\n\n\n
Medical evidence for a deferral request<\/caption>\n
Point<\/th>\nWhy it matters<\/th>\n<\/tr>\n<\/thead>\n
Diagnosis and current treatment<\/td>\nShows the condition is real and being treated<\/td>\n<\/tr>\n
Fitness to travel, in the doctor’s words<\/td>\nThe question CBSA will ask<\/td>\n<\/tr>\n
What happens if treatment stops<\/td>\nShows the harm of removal now<\/td>\n<\/tr>\n
Expected timeline<\/td>\nTells CBSA how long a deferral is needed<\/td>\n<\/tr>\n
Date and doctor’s credentials<\/td>\nOld or vague letters carry little weight<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

CBSA may arrange its own medical assessment or travel with medical support. A letter that only says a person is “unwell” is rarely enough.<\/p>\n

When the problem is longer-term<\/h2>\n

If the issue is that care isn’t available in the country of removal, that is mainly an H&C question. Even during the 12-month bar after a refused refugee claim, an H&C can still be made if removal would subject you to a risk to your life caused by your country’s inability to provide adequate health or medical care (IRPA s. 25(1.21)). A pending H&C does not stop removal on its own; see removal while an H&C is pending<\/a>.<\/p>\n

If CBSA refuses<\/h2>\n

A refusal to defer can be challenged in the Federal Court with a stay motion. The judge applies the three-part test in Toth v. Canada (Minister of Employment and Immigration)<\/em> (1988), 86 N.R. 302 (FCA). Serious medical harm that can’t be undone is the kind of evidence the irreparable harm part of the test looks for. See a stay after a PRRA or deferral refusal<\/a>.<\/p>\n

Why this needs a lawyer<\/h2>\n

One lawyer, one file, every step:<\/strong><\/p>\n