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Emigration and immigration

Federal Court of Canada Grants Stay of Removal for Applicant

Strategic Insights

— 2 min read

In a recent decision, Madam Justice Sadrehashemi of the Federal Court of Canada has granted a stay of removal for an applicant from Canada, pending the outcome of his application for leave and judicial review of his Pre-Removal Risk Assessment (PRRA) decision. The applicant, a citizen of Nepal, had entered Canada as a member of a crew and later attempted to claim refugee protection. He was found ineligible for protection due to an exclusion order for breaching the 72-hour requirement to leave Canada after ceasing to be a crew member. The PRRA application was refused on January 16, 2025, and the applicant was informed of his removal from Canada on July 9, 2025.

Key Takeaways:

  • The applicant, a citizen of Nepal, had entered Canada as a member of a crew and attempted to claim refugee protection, but was found ineligible due to an exclusion order for breaching the 72-hour requirement to leave Canada.
  • The PRRA application was refused on January 16, 2025, and the applicant was informed of his removal from Canada on July 9, 2025.
  • The court granted a stay of removal pending the outcome of the applicant's application for leave and judicial review of the PRRA decision.
  • The three-part test for a stay of removal was met, with the court finding a serious issue with the PRRA decision, irreparable harm to the applicant, and the balance of convenience favouring a stay.
  • The court noted that a stay of removal is a serious issue that affects the applicant's liberty and can only be granted in exceptional circumstances.
  • The court relied on the Supreme Court of Canada's decision in RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311, which cautioned against a prolonged examination of the merits of a case and emphasized the importance of determining whether the application is frivolous or vexatious.
  • The court also cited the Federal Court's decision in Ahmed v. Canada (Citizenship and Immigration), 2018 FC 1207, which highlighted the challenges in drawing the line between a sufficiency of evidence finding and one based on a credibility assessment.

Statistics:

  • The applicant was scheduled to be removed from Canada on July 30, 2025.
  • The PRRA application was refused on January 16, 2025.
  • The stay of removal was granted pending the outcome of the applicant's application for leave and judicial review of the PRRA decision.
  • The court cited the Supreme Court of Canada's decision in RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311, which was decided in 1994.
  • The court also cited the Federal Court's decision in Ahmed v. Canada (Citizenship and Immigration), 2018 FC 1207, which was decided in 2018.

Sources:

  • Toth v Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA), [1988] FCJ No 587 (FCA)
  • RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311
  • Ahmed v. Canada (Citizenship and Immigration), 2018 FC 1207
  • Serrano Cruz v. Canada (Citizenship and Immigration), 2025 CanLII 48112 (FC)
  • Google Inc v Equustek Solutions Inc, 2017 SCC 34
  • Canada (Attorney General) v Oshkosh Defense Canada Inc, 2018 FCA 102
  • Janssen Inc v Abbvie Corporation, 2014 FCA 112

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