2 total
Stay of removal granted where former counsel's failure to submit PRRA evidence raised a serious issue.
The applicant sought to stay his removal from Canada pending the final determination of his application for leave and judicial review of a negative Pre-Removal Risk Assessment (PRRA) decision.
The PRRA had been refused because the applicant's former counsel failed to submit any evidence or arguments by the deadline.
The Court granted the stay, finding a serious issue to be tried regarding incompetence of counsel, irreparable harm from potential return to Turkey without a substantive risk assessment, and that the balance of convenience favoured the applicant.
Stay of removal granted pending spousal sponsorship application determination, owing to failure to consider child's best interests.
The applicant, a Jamaican citizen facing a removal order, sought an interlocutory stay of his removal from Canada to Jamaica pending the resolution of his spousal sponsorship application.
The Court found the applicant met the tripartite test for a stay.
Specifically, there was a high likelihood of success on the underlying judicial review because the deferral decisions failed to meaningfully grapple with evidence concerning the applicant's indispensable support to his wife and newborn child.
The Court concluded the balance of convenience lay in the applicant's favour despite a history of immigration non-compliance.
