Federal Court of Canada Grants Stay of Removal for Honduras Refugee Amid Credibility Concerns

Strategic Insights -

Sebastien Grammond, a Federal Court of Canada judge, has issued an order granting a stay of removal for Hilton Anael Cruz Sanchez, a Honduran refugee, due to concerns over the credible risk of persecution and irreparable harm. The decision was made in light of new evidence regarding the Mara Salvatrucha gang's presence in Roatan, Honduras, and its continued interest in Sanchez's family. The stay of removal is pending a final determination of the application for judicial review.

Key Takeaways:

  • The court found that the PRRA officer unreasonably analyzed the new evidence regarding MS-13's continuing interest in Sanchez, particularly the evidence of a conversation at a restaurant, either by making veiled credibility findings or by requiring further corroboration.
  • The court also found that the PRRA officer unreasonably disregarded evidence of recent violent incidents that directly contradicted the RPD's finding that gangs, including MS-13, had no presence in Roatan.
  • The court determined that Mr. Cruz meets the three prongs of the RJR test, including a serious issue with the PRRA decision, irreparable harm if the stay is not granted, and a favorable balance of convenience.
  • The stay of removal is pending a final determination of the application for judicial review, which will be decided based on the application of the three-part test for interlocutory injunctions.

Statistics:

  • The court granted a stay of removal for Mr. Cruz, pending a final determination of the application for judicial review.
  • The PRRA officer unreasonably analyzed the new evidence regarding MS-13's continuing interest in Sanchez, particularly the evidence of a conversation at a restaurant.
  • The PRRA officer unreasonably disregarded evidence of recent violent incidents that directly contradicted the RPD's finding that gangs, including MS-13, had no presence in Roatan.
  • Mr. Cruz has argued that the RPD and PRRA officer made credibility findings without sufficient evidence.
  • The court will make a final determination of the application for judicial review based on the application of the three-part test for interlocutory injunctions.

Sources:

  • [2025 FC 897] Federal Court of Canada, Ottawa, Ontario, May 15, 2025, between Hilton Anael Cruz Sanchez and The Minister of Citizenship and Immigration.
  • [RJR - Macdonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC)] Supreme Court of Canada, [1994] 1 SCR 311.
  • [Google Inc v Equustek Solutions Inc, 2017 SCC 34] Supreme Court of Canada, [2017] 1 SCR 824.
  • [Hasanov v Canada (Citizenship and Immigration), 2025 FC 875] Federal Court of Canada, 2025.
  • [SKGO v Canada (Citizenship and Immigration), 2023 FC 83] Federal Court of Canada, 2023.