2 total
Stay of removal granted due to risk of suicide of applicant's minor child.
The applicant sought a stay of his removal to Mexico after an enforcement officer denied his request for a deferral.
The applicant argued that his removal would cause irreparable harm to his son, who was experiencing a severe psychological crisis with a risk of suicide.
The Court found that the officer unreasonably minimized the evidence of the son's suicide risk and inappropriately blamed the parents' undocumented status for the children's difficulties.
The motion for a stay was granted pending a decision on the underlying judicial review application.
Motion for a stay of removal dismissed for failure to raise a serious issue.
The applicant, a citizen of Mexico, applied for a stay of his removal scheduled for February 21, 2020, pending judicial review of the refusal of his PRRA and a request to postpone the removal.
The Federal Court dismissed the application for a stay, finding that the applicant failed to raise a serious issue to be tried regarding the underlying decisions.
The Court noted that the PRRA officer reasonably assessed the applicant's evidence and that the enforcement officer reasonably denied the postponement request based on the applicant's mental health issues.
The Court also concluded that the applicant did not establish irreparable harm and the balance of convenience favoured the respondents.
