Myung-Kyu (Linda) Choi

The applicants filed a motion to reconsider the Court's previous order refusing to hear their motion for a stay of removal.

The applicants sought to stay their removal while they pursued an application for leave and judicial review of a negative Pre-Removal Risk Assessment (PRRA) decision and a removal order.

The Court dismissed the motion for reconsideration, finding no grounds under Rule 397 of the Federal Courts Rules.

The Applicants sought an extension of time to file an Application for Leave and Judicial Review of a negative Pre-Removal Risk Assessment (PRRA) decision, and a stay of their removal to South Korea.

The PRRA decision was received in July 2019, but the application was not filed until April 2021.

The Federal Court dismissed the request for an extension of time, finding the Applicants failed to meet the test set out in Hennelly.

Consequently, without an extension of time, the Court lacked jurisdiction to hear the motion for a stay, which was also dismissed.