Abondano v. Canada (Citizenship and Immigration), docket IMM-10358-23

ORDER

UPON MOTION by Mr. Javier Eduardo Tamayo Abondano, Ms. Sandra Jeannetter Rodriguez Diaz and Mr. Christian Javier Tamayo Rodriguez (the “Applicants”) for a stay of their removal scheduled for January 31, 2024 to Columbia;

AND UPON considering that in the underlying application for leave and judicial review, the Applicants seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division, dismissing their claim for protection;

AND UPON considering the tri-partite conjunctive test for a stay as set out in Toth v. Canada (Minister of Employment and Immigration) (1988), 86 N.R. 302 (F.C.A.), that is a serious issue for trial arising from the underlying application for leave and judicial review, that irreparable harm will result if the relief sought is denied and that the balance of convenience favours the applicants;

AND UPON reading the material filed and hearing the submissions of Counsel for the Applicants and the Minister of Citizenship and Immigration (the “Respondent”);

AND UPON considering all the arguments advanced on behalf of the parties;

AND UPON being satisfied that the Applicants have met the test.

THIS COURT ORDERS that the Applicants’ removal is stayed pending determination of the application for leave and if leave is granted, pending final disposition of the application for judicial review.