Federal Court of Canada Dismisses Stay of Removal Motion Against Russian National

Strategic Insights -

The Honourable Mr. Justice Southcott of the Federal Court of Canada has dismissed a motion by Georgianii Gardzhakauli, a citizen of Russia, seeking a stay of removal to his home country. On July 8, 2025, the Court ruled that Gardzhakauli had not satisfied the tripartite test for a stay articulated by the Federal Court of Appeal in Toth v Canada (Minister of Employment and Immigration) 1988 CanLII 1420 (FCA).

Key Takeaways:

  • The Applicant, Georgii Gardzhakauli, is a citizen of Russia who has been residing in Canada since 2016 and has made a claim for refugee protection due to alleged persecution by Russian authorities and others.
  • Gardzhakauli's refugee claim was rejected in 2018, and he submitted a Pre-Removal Risk Assessment (PRRA) application in 2024, which was also rejected.
  • The Applicant's motion for a stay of removal relied on country condition evidence (CCE) and arguments that he faces a risk of being called up for military service in Russia, and therefore being deployed to a war zone, representing a risk to his life and safety.
  • The Court found that Gardzhakauli had not satisfied the requirement for a stay of removal, citing the Applicant's failure to introduce evidence at a convincing level of particularity that demonstrates a real probability that unavoidable irreparable harm will result unless a stay is granted.
  • The Court also noted that the Applicant's irreparable harm arguments relied on additional CCE that was not provided to the PRRA officer, and that the jurisprudence is clear that risks that have been alleged before a PRRA officer and found unsatisfactory cannot constitute irreparable harm for purposes of a motion for a stay of removal.
  • The Tribunal also dismissed the Applicant's argument that the mootness of his PRRA litigation, if he were removed to Russia, represents irreparable harm for purposes of the Toth test.
  • The Court denied the Respondent's request for leave to late file an affidavit intended to introduce evidence that the Applicant failed to report to the Canada Border Services Agency on June 18, 2025, and a warrant for his arrest was issued on July 4, 2025.

Statistics:

  • The Applicant, Georgii Gardzhakauli, has been living in Canada since 2016.
  • The Applicant's refugee claim was rejected in 2018.
  • The Applicant's PRRA application was submitted in 2024.
  • The Respondent's request for leave to late file an affidavit intended to introduce evidence was denied.
  • The Court denied the Applicant's motion for a stay of removal.

Sources:

  • Toth v Canada (Minister of Employment and Immigration) 1988 CanLII 1420 (FCA)
  • Jean v Canada (Citizenship and Immigration), 2009 FC 593 at para 56
  • Kaihiva v Canada (Citizenship and Immigration), 2022 CanLII 61981 (FC)
  • Solis Perez v Canada (Citizenship and Immigration), 2009 FCA 171