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Cabinet officials

Federal Court of Canada Grants Stay of Removal for Temporary Resident Permit Applicant

Strategic Insights

— 2 min read

The Honourable Madam Justice Saint-Fleur of the Federal Court of Canada has issued a decision staying the removal of Siasnelle Mariane Hasna Noura Tape, a Temporary Resident Permit (TRP) applicant, pending a decision on her application. The stay was granted on June 26, 2025, after considering the Applicant's submissions and evidence concerning the best interests of her two minor Canadian children, who would suffer irreparable harm if their mother were removed from Canada.

Key Takeaways:

  • The Applicant, Siasnelle Mariane Hasna Noura Tape, submitted her TRP application on August 19, 2024, and it has been pending for approximately 9 months.
  • The Court found that the Applicant has demonstrated a serious issue to be determined, as the Officer erred in failing to provide an analysis of the best interests of the Applicant's children and made critical factual errors.
  • The Applicant has met the threshold for establishing irreparable harm, as the removal of their mother would cause significant harm to the children's health and safety due to the absence of an effective plan for their care.
  • The balance of convenience favors the Applicant, as the Court is satisfied that granting a stay would not cause undue prejudice to the Respondent.
  • The Court has determined that the Applicant has satisfied all components of the tri-partite Toth test, including the serious issue, irreparable harm, and balance of convenience.
  • The average processing time for TRP applications is approximately seven (7) months, and the Applicant's application has been pending for 9 months.

Statistics:

  • Approximately 10 months were available for the Applicant and her common-law partner to arrange for childcare, change the father's work schedule, or for him to find another job.
  • 14 months and 3 years are the ages of the Applicant's two minor children, who would be significantly impacted by their mother's removal.
  • 7 months is the average processing time for TRP applications.
  • 9 months is the duration for which the Applicant's TRP application has been pending.

Sources:

  • [1] The Honourable Madam Justice Saint-Fleur, Federal Court of Canada, [2025] FC 123
  • [2] Toth v Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA)
  • [3] RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC)
  • [4] R v Canadian Broadcasting Corp, 2018 SCC 5
  • [5] Janssen Inc v Abbvie Corporation, 2014 FCA 112
  • [6] Zuniga v Canada (Citizenship and Immigration), 2016 FC 992
  • [7] Wang v Canada (Minister of Citizenship and Immigration), 2001 FCT 148
  • [8] Baron v Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81
  • [9] Lewis v Canada (Public Safety and Emergency Preparedness), 2017 FCA 130
  • [10] Konate v Canada (Public Safety and Emergency Preparedness), 2018 FC 703
  • [11] Bastien v Canada (Citizenship and Immigration), 2021 FC 926

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