Federal Court of Canada Stays Removal of Indian Nationals on Trafficking and Immigration Charges

Strategic Insights -

The Federal Court of Canada, presided over by Madam Justice Strickland, has issued a decision on May 21, 2025, granting a stay of removal for an Indian national, Amanpreet Singh, until the judicial review of his negative Pre-Removal Risk Assessment (PRRA) decision is finally disposed of by the court. Singh, a 27-year-old man, entered Canada on a study permit in 2016 but has been involved in various incidents, including threatening someone with a firearm and working without a permit. The court considered the tri-partite test for a stay of removal, finding that Singh met the requirements of having a serious issue to be tried, suffering irreparable harm, and having the balance of convenience in his favor.

Key Takeaways:

  • The court has stayed the removal of Amanpreet Singh, an Indian national, until the judicial review of his negative PRRA decision is disposed of.
  • Singh entered Canada on a study permit in 2016 but failed to comply with the conditions and has been involved in various incidents, including threatening someone with a firearm.
  • The court found that Singh met the tri-partite test for a stay of removal, with a serious issue to be tried, suffering irreparable harm, and having the balance of convenience in his favor.
  • The court acknowledged Singh's history of non-compliance with immigration authorities, but concluded that this did not outweigh the harm identified under the second branch of the tripartite test.
  • The court has granted the stay of removal and ordered that there be no order as to costs.

Statistics:

  • The court has stayed the removal of one Indian national, Amanpreet Singh, until the judicial review of his negative PRRA decision is disposed of.
  • Singh entered Canada on a study permit in 2016 (August 21, 2016).
  • He was enrolled at Capilano University in North Vancouver but did not enroll in any courses as of April 2018.
  • He received an extension of his study permit to March 30, 2020, to attend Cambria College in Vancouver.
  • He was terminated from the program in October 2020 due to low attendance, outstanding fees, and a poor academic record.
  • He appealed his termination but was dismissed due to non-compliance with college policies.

Sources:

  • Date: May 21, 2025
  • PRESENT: The Honourable Madam Justice Strickland
  • BETWEEN: AMANPREET SINGH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent
  • ORDER - IMM-9892-25 (Vancouver, British Columbia, May 21, 2025)
  • Toth v Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA)
  • RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC)
  • R v Canadian Broadcasting Corp., 2018 SCC 5
  • Khan v Canada (Public Safety and Emergency Preparedness), 2023 CanLII 36960 (FC)
  • Kokeny v Canada (Public Safety and Emergency Preparedness), 2024 FC 675 (CanLII)
  • Choi v Canada (Citizenship and Immigration), 2021 CanLII 103640 (FC)
  • Jung v Canada (Public Safety and Emergency Preparedness), 2023 CanLII 43034 (FC)
  • Martins Araujo v Canada (Citizenship and Immigration), 2021 CanLII 40234 (FC)
  • Zuniga v Canada (Citizenship and Immigration), 2016 FC 992 (CanLII)