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Motion for stay of removal granted due to serious issue and irreparable harm.
The applicants, citizens of Nigeria, sought a stay of their removal from Canada pending the determination of an application for leave and judicial review of the refusal of their permanent residence application on humanitarian and compassionate grounds.
The Court found that there was a serious issue to be tried regarding the officer's assessment of establishment and hardship.
The Court further held that the applicants would suffer irreparable harm due to their severe mental health issues and suicidal ideation, which would be exacerbated upon return.
The balance of convenience favoured granting the stay.
The motion for a stay of removal was granted.
