Federal Court of Canada Dismisses Stay of Removal Application by Pardeep Singh

Strategic Insights -

The Federal Court of Canada has made a decision in the case of Pardeep Singh, who sought a stay of removal to India. The applicant, a citizen of India, had filed a refugee claim and a pre-removal risk assessment (PRRA) application, which was denied by a Senior Immigration Officer. The applicant then filed an application for judicial review (ALJR) and a stay of removal pending the determination of the ALJR.

Key Takeaways:

  • The Federal Court of Canada dismissed the stay of removal application by Pardeep Singh, citing the tripartite test for stays of removal as outlined in Manitoba (Attorney General) v Metropolitan Stores (MTS) Ltd, 1987 CanLII 79 (SCC).
  • The applicant failed to meet the first prong of the tripartite test, which requires the underlying application for judicial review to raise a serious issue.
  • The applicant's arguments on serious issues were found to be unpersuasive, and the officer's reasons for the PRRA decision were thorough and not flawed.
  • The applicant failed to demonstrate, with clear and non-speculative evidence, that he will face irreparable harm if the stay is not granted.
  • The applicant's allegations of potential mootness of the underlying ALJR and disruption to education, loss of social support, and psychological harm to children were not supported by evidence.
  • The balance of convenience in this case favors the Respondent.

Statistics:

  • The applicant's refugee claim was rejected for ineligibility under subsection 101(1)(c.1) of the Immigration and Refugee Protection Act, SC 2001, c.27.
  • The applicant's PRRA application was denied on August 15, 2025.
  • The Canada Border Services Agency informed the applicant that he would be removed on September 8, 2025.
  • The applicant filed the underlying ALJR on August 25, 2025.
  • The applicant's stay motion record contains no evidence that the applicant has submitted an H&C application.

Sources:

  • Manitoba (Attorney General) v Metropolitan Stores (MTS) Ltd, 1987 CanLII 79 (SCC)
  • Toth v Canada (Minister of Employment and Immigration) (1988), 1988 CanLII 1420 (FCA)
  • Shpati v Canada (Public Safety and Emergency Preparedness), 2011 FCA 286
  • Atwal v Canada (Citizenship and Immigration), 2004 FCA 427