Federal Court of Canada Dismisses Motion to Stay Removal Order for Vietnamese Refugee Claimant

Strategic Insights -

A Federal Court of Canada judge has dismissed a motion to stay the removal of Viet Tuan Dang, a Vietnamese refugee claimant, from Canada to Vietnam. The decision, rendered on June 12, 2025, denies the claimant's request to delay his scheduled removal on June 15, 2025.

The Applicant, Viet Tuan Dang, a Vietnamese national who claims to be a Hoa Hao Buddhist (HHB) practitioner, arrived in Canada in August 2018 on a study permit. He subsequently initiated a claim for refugee protection, citing a well-founded fear of persecution in Vietnam due to his faith. His claim was rejected by the Immigration and Refugee Board (IRB), including both the Refugee Protection Division and the Refugee Appeal Division. Following the rejection, Dang applied for a Pre-Removal Risk Assessment (PRRA), which was also denied.

Key Takeaways:

  • Viet Tuan Dang, a Vietnamese refugee claimant, had his motion to stay his removal from Canada to Vietnam dismissed by the Federal Court of Canada.
  • The motion was dismissed due to lack of serious issue with the PRRA decision, irreparable harm, and was considered favorable to the Minister of Citizenship and Immigration.
  • Dang, a Hoa Hao Buddhist, had his refugee claim rejected by the IRB, and subsequent PRRA application was also denied.
  • His application for a stay of removal was rejected due to lack of new evidence and the fact that he had previously had multiple opportunities to have his refugee claim assessed.
  • The Applicant had benefited from multiple processes for assessing his risk in Vietnam, each of which had concluded with the same result.
  • The balance of convenience in this matter rested with the Respondent, who had a statutory obligation to ensure compliance with Canadian immigration laws.

Statistics:

1\. 2025_

2\. June 15, 2025_ (Scheduled removal date)

3\. August 2018 (Arrival date in Canada)

4\. October 2019 (Initiation of refugee protection claim)

5\. February 2025 (PRRA rejection)

Sources:

  • Anuenue v. Canada (Citizenship and Immigration), 2011 FCA 280
  • Raza v. Canada (Citizenship and Immigration), 2007 FCA 385