Federal Court of Canada Dismisses Stay of Removal Application: Analysis and Key Takeaways

Strategic Insights -

Madam Justice Go delivered a decision on May 8, 2025, dismissing the stay of removal application filed by Rasheed Adewale Fashola, a Nigerian citizen who faces deportation from Canada. The Applicant had sought a stay of removal until the final determination of his application for leave and for judicial review of a decision denying his Pre-Removal Risk Assessment application.

Key Takeaways:

  • The Applicant's arguments failed to raise any serious issues, as the Officer's assessment of the evidence was reasonable and justified.
  • The Officer did not err in assigning low probative value to the Applicant's father's affidavit due to its vagueness and lack of details.
  • The Officer gave some weight to the police report but found it did not overcome the findings of the RPD and RAD with respect to the availability of the IFA.
  • The Applicant failed to establish irreparable harm, as there was no evidence to support assertions of harm to himself, his spouse, or child.
  • The balance of convenience in the case favors the Respondent, and therefore, the application for a stay of removal is dismissed.

Statistics:

  • The Applicant resides in Toronto, Ontario.
  • The Refugee Protection Division dismissed his claim in May 2022, and the Refugee Appeal Division dismissed his appeal in October 2022.
  • The Applicant has pending permanent residence applications on humanitarian and compassionate grounds and an inland spousal sponsorship.
  • The Officer found the Applicant has not provided sufficient evidence that he faces a risk of persecution and a risk to life and cruel or unusual punishment.
  • The Applicant's spouse has a child from a previous relationship, and the Applicant's spouse recently gave birth to their first child.

Sources:

  • [1] Rasheed Adewale Fashola v Ministers of Citizenship and Immigration [2025 FC 848]
  • MAR (Attorney General) v Metropolitan Stores (MTS) Ltd, [1987] 1 SCR 110
  • RJR-MacDonald v Canada (Attorney General), 111 DLR (4th) 385
  • R v Canadian Broadcasting Corp, 2018 SCC 5
  • Toth v Canada (Minister of Employment and Immigration) (1988), 1988 CanLII 1420 (FCA), 86 NR 302
  • Mahmud v Canada (Citizenship and Immigration), 1999 CanLII 8019 (FC)
  • Szalia v Canada (Citizenship and Immigration), 2018 FC 972
  • Raza v Canada (Citizenship and Immigration), 2007 FCA 385
  • Atwal v Canada (Citizenship and Immigration), 2004 FCA 427
  • Lima v Canada (Public Safety and Emergency Preparedness), 2019 CanLII 60936