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Federal Court of Canada Grants Stay of Removal for Amelia Sabornido Tabangcura

Strategic Insights

— 1 min read

Amelia Sabornido Tabangcura, a Canadian permanent resident, has been granted a stay of removal by the Federal Court of Canada, pending the determination of her application for judicial review of a decision to refuse her permanent residence on humanitarian and compassionate grounds. The court considered her submissions and evidence of irreparable harm, including her history of abuse and the impact of removal on her mental health and family in Canada.

Key Takeaways:

  • The applicant, Amelia Sabornido Tabangcura, sought to stay the execution of a removal order scheduled for May 29, 2025, to allow her to pursue judicial review of a Senior Immigration Officer's decision refusing her application for permanent residence on humanitarian and compassionate grounds.
  • The court applied the three-part test set out in RJR-MacDonald Inc v Canada (Attorney General) and Toth v Canada (Minister of Employment and Immigration) to determine whether a stay of removal should be granted.
  • The applicant met the low standard for a serious issue with respect to the refusal of her H&C application and demonstrated real and non-speculative evidence of irreparable harm, including significant impact on her mental health and family in Canada.
  • The balance of convenience and interests of justice favoured the granting of a stay of removal, despite the importance of prompt enforcement of removal orders and efficient administration of the Immigration and Refugee Protection Act.
  • The applicant has satisfied each element of the test for a stay of removal pending the determination of her application for leave and judicial review.

Statistics:

  • The date of the decision is May 26, 2025.
  • The removal order was scheduled for May 29, 2025.
  • The applicant has been a Canadian permanent resident.
  • The application for judicial review will be determined by the court.

Sources:

  • "AMelia Sabornido -v- The Minister of Citizenship and Immigration" Decision of Mr. Justice McHaffie, 2025 CanLII 20007 (FC)
  • RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 177 (SCC)
  • Toth v Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA)
  • Google Inc v Equustek Solutions Inc, 2017 SCC 34
  • Wasylynuk v Canada (Royal Mounted Police), 2020 FC 962
  • Kambasaya v Canada (Citizenship and Immigration), 2021 FC 664
  • Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427
  • Melo v Canada (Minister of Citizenship and Immigration), 2000 CanLII 15140 (FC)
  • Erhire v Canada (Public Safety and Emergency Preparedness), 2021 FC 941
  • Immigration and Refugee Protection Act, SC 2001, c 27

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