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Urgent stay of removal granted pending judicial review of deferral refusal.
The applicant, who has significant mental health challenges, sought an urgent stay of her scheduled removal to Nigeria pending her application for judicial review of a decision refusing a 60-day deferral of removal.
The applicant had failed to appear for her removal previously, raising the clean hands doctrine.
The Court held that the clean hands doctrine should be considered within the balance of convenience portion of the stay test.
The Court found a serious question existed regarding whether the officer's reliance on unspecified reception arrangements being made in Nigeria was reasonable or fair.
Irreparable harm was established due to the risk of psychological damage and the loss of a meaningful remedy if the applicant were removed.
The balance of convenience favoured the applicant, mitigating her prior non-compliance due to her mental health.
The motion for a stay of removal was granted.
