Federal Court Decisions

Date: 20210729

Docket: IMM-4458-21

Citation: 2021 FC 805

Ottawa, Ontario, July 29, 2021

PRESENT: The Honourable Mr. Justice Shore

ORDER AND REASONS

(Delivered after the hearing on the Bench on July 29, 2021)

[1] Upon the Applicants’ motion for a stay of removal, scheduled for August 3, 2021;

[2] And, upon considering the underlying decision;

[3] And, upon reviewing all the documentation filed and hearing the submissions of both respective counsel by videoconference using the Zoom platform;

[4] And, upon determining the conjunctive tripartite criteria, as specified in Toth v Canada (Minister of Employment and Immigration), (1988) 6 Imm LR (2d) 123, 86 NR 302 (FCA), have been satisfied due to grave danger to the principal Applicant as per the point-specific, clear, detailed, most substantial, uncontradicted evidence on file in respect of previous and attempted kidnappings to her person and danger to her children to have their mother abducted, in addition to individual danger to her children, themselves;

[5] Recognizing that the police and judiciary were wholly ineffective in treating the matter of the abductions (due to the prevailing country condition information, also, on file) in anything but a cosmetic manner, even though the case had reached the highest of instances in such circumstances;

[6] Recognizing that in addition, to the clear, personal, specific, unequivocal, principal Applicant’s objective evidence on file, the country condition evidence demonstrates that the process, prior to and subsequent to the principal Applicant’s abductions, is, nothing, but an attempt in nature, yet, nevertheless, amounting to a whitewash to set aside matters, without any evident substantial treatment for even a modicum of protection, as clearly set in evidence in this specific case of the Applicants;

[7] And, upon determining that every branch of the Toth test has been met by the principal Applicant and her children;

[8] Recognizing that grave, imminent risk awaits all the Applicants should they be returned to their country of origin due to the principal Applicant’s unresolved existing issues of peril upon return as per the uncontradicted evidence;

[9] The Court orders that the stay of removal remain in place until final disposition of the underlying application for judicial review of the Pre-Removal Risk Assessment.

ORDER in IMM-4458-21

THIS COURT ORDERS that the stay of removal remain in place until final disposition of the underlying application for judicial review of the Pre-Removal Risk Assessment.

"Michel M.J. Shore"

FEDERAL COURT

SOLICITORS OF RECORD

APPEARANCES:

SOLICITORS OF RECORD: