Federal Court of Canada Dismisses Motion to Stay Removal for UK Citizen

Strategic Insights -

Tahirou Yacoubou, a citizen of the United Kingdom and Togo, has had his motion to stay removal to the United Kingdom dismissed by the Federal Court of Canada. The motion was brought on behalf of Yacoubou, who claimed to have fled years of domestic abuse by his ex-wife and feared returning to the UK due to her connections to criminal organizations. The court found that Yacoubou failed to establish a serious issue in relation to the Pre-Removal Risk Assessment (PRRA) decision, which was made in January 2025.

Key Takeaways:

  • The court dismissed the motion to stay removal to the UK, citing a failure to establish a serious issue in relation to the PRRA decision.
  • The Applicant, Tahirou Yacoubou, claimed to have fled domestic abuse and feared returning to the UK due to his ex-wife's connections to criminal organizations.
  • The court found that Yacoubou had provided little evidence to support his allegations of risk, including the lack of police or medical reports to corroborate his past experience of abuse.
  • The Applicant's PRRA application was refused in January 2025, as the officer found that the Applicant had failed to establish a risk in the UK upon his return.
  • The court noted that the Applicant's encounters with police in the UK, which he claimed demonstrated bias and prejudice against men suffering in abusive relationships, did not raise a serious issue with respect to the PRRA Officer's conclusions.
  • The court also found that the Applicant's removal will not render the judicial review of the PRRA decision moot, as a finding of irreparable harm requires clear and non-speculative evidence.
  • The balance of convenience favours the Respondent, who has a duty to administer and apply the provisions of the Immigration and Refugee Protection Act, including those related to removal.
  • The court has a duty to assess the validity of the removal orders and ensure that the Applicant's safety has been sufficiently assessed.

Statistics:

  • The court heard the motion on May 1, 2025.
  • The Applicant, Tahirou Yacoubou, was scheduled for removal to the United Kingdom on May 3, 2025.
  • The PRRA decision was made in January 2025.
  • The Applicant's PRRA application was refused.
  • The court found that Yacoubou had provided little evidence to support his allegations of risk.
  • The officer in the PRRA decision found that the Applicant had failed to establish a risk in the UK upon his return.

Sources:

  • Docket: IMM-7724-25
  • Court date: 20250501
  • Judge: The Honourable Mr. Justice A. Grant
  • Document: PRESENT: The Honourable Mr. Justice A. Grant BETWEEN: TAHIROU YACOUBOU Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents ORDER