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Cabinet officials

Federal Court of Canada Dismisses Motion for Stay of Removal

Strategic Insights

— 2 min read

The Honourable Justice Battista of the Federal Court of Canada has issued a decision dismissing a motion for a stay of removal for Cecil Seerattan, a citizen of Guyana who is facing deportation. The decision, delivered on May 24, 2025, concerns three applications for judicial review: a refused spousal sponsorship request, a refusal to reconsider the spousal sponsorship application, and a refused request for a deferral of removal. The Applicant argued that he had met the tripartite test for a stay of removal, but Justice Battista found that he had not.

Key Takeaways:

  • The Applicant, Cecil Seerattan, is a citizen of Guyana who has been living in Canada since 2012.
  • Seerattan has a history of violent behavior, including assaulting his spouse, Ms. David, on multiple occasions.
  • In 2019, Seerattan was sentenced to jail time for assault with a weapon, assault causing bodily harm, and forcible confinement.
  • Despite his incarceration, Seerattan and Ms. David resumed their relationship, and in 2021, they were married.
  • Seerattan's spousal sponsorship application was refused in 2024, and he was scheduled for removal to Guyana on May 24, 2025.
  • The Applicant argued that he had met the tripartite test for a stay of removal, but Justice Battista found that he had not.
  • The Applicant's previous counsel had not properly notified the relevant department of Immigration, Refugees and Citizenship Canada (IRCC) that they no longer represented Seerattan in his spousal sponsorship application.
  • The Applicant also failed to show a serious issue in the refusal to reopen the sponsorship application, as there was no clear evidence that the relevant department of IRCC was ever properly advised of the discontinuance of Seerattan's representation.
  • The Applicant raised two issues regarding lack of responsiveness to his submissions in the deferral decision, but Justice Battista found that these issues did not meet the threshold for a serious issue.

Statistics:

  • 2012: Seerattan arrived in Canada.
  • 2015-2016: Seerattan violently assaulted Ms. David on multiple occasions.
  • 2019: Seerattan was sentenced to jail time for assault with a weapon, assault causing bodily harm, and forcible confinement.
  • 2021: Seerattan and Ms. David were married.
  • 2024: Seerattan's spousal sponsorship application was refused.
  • 2025-05-24: The Federal Court of Canada issued a decision dismissing the motion for a stay of removal.

Sources:

  • R v Seerattan, 2019 ONSC 4340 (ONSC)
  • RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 SCR 311
  • Toth v Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA)
  • Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65
  • Baron v Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81
  • Glooscap Heritage Society v Canada (National Revenue), 2012 FCA 255
  • De Souza v Canada (Citizenship and Immigration), 2025 FC 435
  • Raja v Canada (Citizenship and Immigration), 2020 FC 694
  • Mauricette v Canada (Public Safety and Emergency Preparedness), 2008 FC 420

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