Federal Court of Canada Issues Interim Order to Protect Refugee Applicant's Rights

Strategic Insights -

The Federal Court of Canada has issued a decision on August 31, 2025, regarding the case of Rahel Negassi, a refugee applicant, and her potential removal from Canada. In a significant ruling, the court has granted an interim order to stay Negassi's removal for a period of 24 hours after a new decision is made regarding her eligibility to make a refugee claim.

Key Takeaways:

  • The court's power to grant a stay of removal is essential in preventing the removal of individuals who may have their rights under the Canadian Charter of Rights and Freedoms or Canada's international obligations violated.
  • Effective access to the courts is a crucial aspect of the rule of law, and the respondents must not proceed with removal in a way that deprives the applicant of the right to seek a stay on an urgent and highly expedited basis.
  • The applicant, Rahel Negassi, is scheduled to appear at a port of entry on September 2, 2025, for a redetermination of her eligibility to pursue a refugee claim.
  • The information provided by counsel, together with the respondents' refusal to give assurances consistent with the Federal Court of Appeal's decision in Li, tends to show that there is a risk that Negassi could be removed from Canada without having had a genuine opportunity to bring a motion for a stay of removal.
  • The court has issued an interim order to guarantee the effectiveness of Negassi's right to bring a motion for a stay of removal to this Court.
  • The order states that the applicant's removal from Canada is stayed, on an interim basis, for a period of 24 hours after a new decision is made regarding her eligibility to make a refugee claim.
  • If the applicant brings a motion for a stay of her removal, her removal from Canada will be stayed, on an interim basis, until this Court issues a decision on the motion or the motion is abandoned.

Statistics:

  • 24 hours: the period for which the applicant's removal from Canada is stayed, on an interim basis, after a new decision is made regarding her eligibility to make a refugee claim.
  • September 2, 2025: the date when the applicant, Rahel Negassi, is scheduled to appear at a port of entry for a redetermination of her eligibility to pursue a refugee claim.

Sources:

  • Federal Court of Canada's decision, August 31, 2025, IMM-15519-25