Docket: IMM-8182-22
Ottawa, Ontario, October 6, 2022
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
EMILY OWIE
OSASOGIE IVAN OWIE
NELSON OSAIVBIE OWIE
KELLY ESEOSA OWIE
WHITNEY IMUETINY ANOSA OWIE
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
UPON motion by Ms. Emily Owie, Ms. Osasogie Ivan Owie, Mr. Nelson Osaivbie Owie, Mr. Kelly Eseosa Owie, and Ms. Whitney Imuetiny Anosa Owie (the “Applicants”) for a stay of their removal scheduled for October 9, 2022, to Nigeria;
AND UPON considering that the underlying application for judicial review seeks to review the decision of an Officer refusing the Applicants’ Pre-Removal Risk Assessment (“PRRA”) application;
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, 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.
"E. Heneghan"
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