Federal Court of Canada Dismisses Application for Staying Removal to Ghana

Strategic Insights -

The Honourable Mr. Justice Zinn of the Federal Court of Canada has issued a decision on June 7, 2025, dismissing the application of Richmond Asumin to stay his removal to Ghana. The order was made after considering the evidence and submissions filed by both parties. Asumin had sought to stay his removal, scheduled for June 8, 2025, pending a judicial review of the decision by the Immigration Division, Immigration and Refugee Board of Canada, dated December 18, 2024.

Key Takeaways:

  • The court dismissed Asumin's application for staying his removal to Ghana, citing a lack of serious issue or irreparable harm.
  • Asumin had benefited from a pre-removal assessment (PRRA), which concluded that he faced less than a mere possibility of persecution if returned to Ghana.
  • The court noted that Asumin's Charter rights had been observed, and there was no evidence to support his claim of a serious risk to his life if removed to Ghana.
  • Asumin was found to have assaulted his stepson and had little or no ties to Canada, with the balance of convenience resting with the Minister.
  • The court amended the Respondent's name, as per the parties' agreement, to the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness.

Statistics:

  • 86 NR 302 (FCA), the reference for the conjunctive tri-partite test in Toth v Canada (Minister of Employment and Immigration).
  • 2001 FCT 148 (CanLII), the reference for the higher threshold in Wang v Canada (Minister of Citizenship and Immigration).
  • 2009 FCA 81, the reference for the approval of Baron v Canada (Public Safety and Emergency Preparedness) by the Federal Court of Appeal.
  • 1 (ieme) decision made by Mr. Justice Zinn.

Sources:

  • Toth v Canada (Minister of Employment and Immigration), (1988) 1988 CanLII 1420 (FCA), 86 NR 302 (FCA)
  • Wang v Canada (Minister of Citizenship and Immigration), 2001 FCT 148 (CanLII), [2001] 3 FC 682
  • Baron v Canada (Public Safety and Emergency Preparedness), 2009 FCA 81
  • [IRPA s. 96]