Federal Court Grants Stay of Removal for Bangladeshi Applicant Citing Risk of Harm in His Home Country

Strategic Insights -

A Federal Court of Canada decision issued on July 10, 2025, has granted a stay of removal for a Bangladeshi applicant, citing a risk of harm he would face in his home country due to his facial tattoo. The court determined that the applicant's risk assessment raised serious issues and that he would suffer irreparable harm if a stay was not granted. The balance of convenience also favored the applicant, considering his risk of harm in Bangladesh and the public interest in protecting his safety.

Key Takeaways:

  • The applicant, a Bangladeshi citizen, was granted permanent residence in Canada in 2016 but was subsequently found inadmissible due to serious criminality, including convictions for failure to stop after an accident, dangerous operation of a conveyance, and assault with a weapon or causing bodily harm.
  • The applicant's Pre-Removal Risk Assessment (PRRA) was denied on April 30, 2025, based on the risk of harm he would face in Bangladesh due to his facial tattoo, which would be seen as blasphemous and could lead to prosecution under the Bangladesh Penal Code.
  • The court granted the applicant's motion for a stay of removal, finding that he had met the three-part test for a stay: there was a serious issue, the applicant would suffer irreparable harm if a stay was not granted, and the balance of convenience favored the applicant.
  • The court cited the public interest in protecting the safety and security of Canadians, particularly in cases where the applicant is inadmissible for serious criminality, but noted that inadmissibility is not dispositive in determining the balance of convenience.
  • The applicant will not be removed from Canada until his application for leave and judicial review of the Officer's April 30, 2025, decision is finally determined.

Statistics:

  • 2016: The year the applicant was granted permanent residence in Canada.
  • 2022: The year the applicant was convicted of serious crimes, including failure to stop after an accident and assault with a weapon or causing bodily harm.
  • April 30, 2025: The date the Pre-Removal Risk Assessment (PRRA) was denied, citing the risk of harm the applicant would face in Bangladesh.
  • July 10, 2025: The date the Federal Court decision issued, granting the applicant's motion for a stay of removal.

Sources:

  • [1] 2025 FC 1226: The Federal Court of Canada decision issued on July 10, 2025, granting the applicant's motion for a stay of removal.
  • Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA): The Canadian legislation governing immigration and refugee protection.
  • Criminal Code of Canada, RSC 1985, c C-46 (CCC): The Canadian legislation governing criminal law.
  • Controlled Drugs and Substances Act, SC 1996, c 19 (CDSA): The Canadian legislation governing controlled substances and drugs.