Canadian federal court rejects application for temporary stay of deportation of a Vietnamese national (2025canlii94654)

Case: TGTH v. Immigration and Citizenship Canada; Department of Public Safety and Emergency Response
Reference number: 2025 CanLII 94654 (FC)
Judgment date: September 18, 2025
Judge: The Honorable Madam Justice Julie Blackhawk

🔹 Overview of the incident

On September 18, 2025, the Canadian Federal Court ruled against Mr. TGTH's application for a temporary stay of deportation to Vietnam.

The applicant argued that he would be in danger if deported, as a follower of the Hoa Hao Buddhist sect, and claimed to be wanted by the Vietnamese authorities. However, the court determined that he did not meet the legal conditions for a temporary stay of deportation.

🔹 The legal principles applied by the Court

The court reiterated that a request for a stay of deportation is only granted if the applicant demonstrates three things:

1. There are serious problems with the request for a retrial;
2. There is irreparable harm if deported;
3. The balance of interests tips in favor of the applicant.

The court also affirmed that Canada has a public interest in the swift execution of deportation orders, in order to ensure the transparency and fairness of the immigration system.

🔹 Actual developments

1. On September 5, 2018, the applicant entered Canada on a student permit.
2. On September 22, 2020, he filed an asylum application, claiming that the Vietnamese authorities were pursuing him because he followed the Hoa Hao Buddhist sect.
3. On May 6, 2022, the Refugee Protection Council (RPD) rejected the application due to credibility concerns.
4. In November 2022, he appealed to the Refugee Appeals Board (RAD).
5. On January 27, 2023, RAD rejected the appeal.
6. In 2023, immigration authorities began deportation proceedings. He was required to report on September 18, 2023, with deportation scheduled for October 3, 2023.
7. He did not appear, and on October 4, 2023, an arrest warrant was issued.
8. On April 24, 2025, he was arrested and subsequently released on conditional bail. On the same day, he filed an application for a Pre-Deportation Risk Assessment (PRRA).
9. On July 9, 2025, PRRA was rejected.
10. On August 25, 2025, he received an order to report for deportation.
11. On the same day, he requested a postponement of the deportation order, but this was denied on September 17, 2025.
12. On September 8, 2025, he filed an Application for Retrial (ALJR) against the PRRA decision.

🔹 Court's ruling

The court ruled that the applicant failed to demonstrate the elements of "serious matter" and "irreparable harm."

Besides:

• There is no evidence that he filed a humanitarian resettlement (H&C) application;
• The claim that the former lawyer was incompetent is unacceptable because it does not comply with formal complaint procedures;
• He violated Canadian immigration law by remaining in Canada without legal status and failing to appear when asked to be deported in 2023;
• Therefore, the balance of interests tilts in favor of the Canadian government to enforce the deportation order.

🔹 Results

• The Federal Court rejected Mr. TGTH's application for a stay of deportation in both cases IMM-19377-25 and IMM-20160-25.
• The ruling was signed by Judge Julie Blackhawk on September 18, 2025.

🔹 Important notes when submitting an asylum application

Several important lessons can be learned from this incident:

1. Asylum applications must contain specific and reasonable evidence demonstrating a risk of persecution or mistreatment in the country of origin.
2. The testimony must be consistent and reliable; if there are contradictions or exaggerations, the application is likely to be rejected.
3. Applicants should provide thorough information about the socio-political circumstances of their country of origin so that the Court can assess the authenticity of the risk.
4. Intentionally remaining in Canada after being denied entry or failing to comply with a summons will be considered a lack of good faith and will seriously damage the credibility of your application.
   

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