Motion for a stay of removal dismissed as the applicant failed to meet the Toth test.
The applicant brought a motion for a stay of his removal to India pending an application for leave and judicial review of a negative deferral of removal decision.
The applicant was inadmissible due to serious criminality for a sexual interference conviction.
The Federal Court applied the Toth test and found the applicant failed to raise a serious issue regarding the officer's decision.
The Court also held the applicant failed to establish irreparable harm to himself, his partner, or his child, and the balance of convenience weighed in favour of executing the removal order expeditiously.
The motion for a stay was dismissed.
