Motion for emergency stay of removal dismissed due to lack of a serious issue and poor immigration history.
The applicant, a citizen of Côte d'Ivoire, sought an emergency stay of his removal scheduled for January 24, 2025, pending a decision on his H&C application.
The Federal Court dismissed the motion, finding that the applicant failed to demonstrate a serious issue to be tried regarding the CBSA officer's refusal to defer his removal.
The Court also noted the applicant's history of immigration non-compliance and criminality weighed against granting equitable relief.
Judicial review of RAD decision excluding applicant for cartel involvement dismissed on reasonableness grounds.
The applicants sought judicial review of a Refugee Appeal Division decision finding the principal applicant excluded under Article 1F(b) of the Refugee Convention due to his involvement with a Mexican cartel.
The RAD found the applicant committed serious crimes and rejected his defence of duress based on credibility issues.
The Federal Court dismissed the application, finding no breach of procedural fairness and determining the RAD's analysis of duress and credibility was reasonable.