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Motion for stay of removal dismissed as applicants failed to demonstrate irreparable harm in returning to safe country.
The applicants, dual citizens of Eritrea and Sweden, sought a stay of their removal to Sweden pending a judicial review of the refusal of their humanitarian and compassionate permanent residency application.
They had previously entered Canada on false passports and failed to disclose their Swedish citizenship during their refugee claim.
The Court dismissed the motion, finding that while they narrowly established a serious issue, they failed to demonstrate irreparable harm, as they would be returning to a safe country and could continue their judicial review from abroad.
The balance of convenience favoured the prompt removal of inadmissible individuals.