Federal Court of Canada Grants Stay of Removal for Refugee Claimant

Strategic Insights -

The Federal Court of Canada has issued an order to stay the removal of Chaesong Park, a South Korean citizen, from Canada until his application for leave and judicial review of the refusal of his Pre-Removal Risk Assessment (PRRA) decision is disposed of. The decision was made by Justice Norris on May 6, 2025, in response to Park's motion seeking a stay of his removal to South Korea, scheduled for May 10, 2025.

Key Takeaways:

  • Chaesong Park, a South Korean citizen, was born in China in December 1999 and was granted refugee protection in Canada in 2013.
  • Park's mother made misrepresentations on their behalf to claim refugee protection, stating they were citizens of North Korea.
  • The Refugee Protection Division (RPD) granted them refugee protection, but later revoked it in 2023 after it was discovered they were actually citizens of South Korea.
  • Park applied for a PRRA in 2024, claiming he feared persecution due to his North Korean ancestry and objections to performing military service in South Korea.
  • The PRRA application was refused in January 2025, and Park applied for leave and judicial review of the decision.
  • The court granted a stay of removal to allow Park to pursue his application for judicial review, citing the potential mootness of the underlying application if he is removed to South Korea.
  • Justice Norris found that Park's application for judicial review raised serious questions and that he would suffer irreparable harm if the stay was refused.
  • The court weighed the interests of both parties and concluded that the balance of convenience favored Park, as the harm he would suffer from removal was greater than the harm to the respondent if the stay was granted.

Statistics:

  • The court's decision is dated May 6, 2025.
  • Park's human rights claim was granted refugee protection in 2013.
  • The Refugees Protection Division (RPD) revoked Park's refugee protection in 2023.
  • Park applied for a PRRA in 2024 and was refused in January 2025.
  • Park is subject to a valid removal order, but the stay of removal was granted to allow him to pursue his application for judicial review.

Sources:

  • Federal Court of Canada, "Order: Park, Chae Sung", May 6, 2025.
  • Immigration and Refugee Protection Act, SC 2001, c 27, subsection 48(2).
  • Google Inc v Equustek Solutions Inc, 2017 SCC 34 at para 24.