Federal Court of Canada Grants Stay of Removal for Ethiopian Refugee Aboye
Abeba Alemu Aboye, a refugee claimant from Ethiopia, has had her removal from Canada stayed pending the determination of her application for leave and judicial review. The decision was made by the Federal Court of Canada on June 26, 2025, after reviewing materials filed by the parties and hearing oral submissions. Aboye had argued that the Pre-Removal Risk Assessment (PRRA) officer misapprehended the applicable analysis under section 97 of the Immigration and Refugee Protection Act, leading to a negative decision. The court found that Aboye had demonstrated serious issues with the PRRA assessment and irreparable harm, warranting a stay of removal.
Key Takeaways:
- Abeba Alemu Aboye, a citizen of Ethiopia, entered Canada on a temporary resident visa in 2019 and made a refugee claim but was found inadmissible due to her involvement with the Ethiopian government.
- Aboye's application for a Pre-Removal Risk Assessment (PRRA) was refused on May 6, 2025, citing her sexual orientation, perceived political opinion, and gender-based violence as reasons for her risk.
- The Federal Court found that the PRRA officer misapprehended the applicable analysis under section 97 of the Immigration and Refugee Protection Act, leading to a negative decision.
- The court determined that Aboye has demonstrated serious issues with the PRRA assessment and irreparable harm, warranting a stay of removal.
- Aboye's motion for a stay of removal was granted by the Federal Court on June 26, 2025, pending the determination of her application for leave and judicial review.
Statistics:
- 2019: Abeba Alemu Aboye entered Canada on a temporary resident visa on May 21.
- 2022: Deportation Order was issued against Aboye on October 4 for her involvement with the Ethiopian government.
- 2025: Aboye's PRRA application was refused on May 6, and the Federal Court granted a stay of removal on June 26, pending the determination of her application for leave and judicial review.
Sources:
- The Honourable Madam Justice Ngo, Federal Court of Canada, June 26, 2025, Immigration and Refugee Protection Act, SC 2001, c 27.
- Toth v Canada (Minister of Citizenship and Immigration), 1988 CanLII 1420 (FCA), 86 NR 302.
- RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 SCR 311.
- Google Inc v Equustek Solutions Inc, 2017 SCC 34.
- Melo v Canada (Minister of Citizenship and Immigration), 2000 CanLII 15140 (FC), [2000] 188 FTR 39.
- Atwal v Canada (Citizenship and Immigration), 2004 FCA 427.
- Farkas v Canada (Public Safety and Emergency Preparedness), 2018 FC 658.
- Glooscap Heritage Society v Canada (National Revenue), 2012 FCA 255.