ADEBAYO ELIJER OLALEYE OLUSEYI MARIAM IYIOLA Applicants v. THE MINISTER OF CITZENSHIP AND IMMIGRATION, 2023 FC 585

Date: 20230421 Docket: IMM-4540-23 Citation: 2023 FC 585 Toronto, Ontario, April 21, 2023 PRESENT: Madam Justice Go BETWEEN: ADEBAYO ELIJER OLALEYE OLUSEYI MARIAM IYIOLA Applicants and THE MINISTER OF CITZENSHIP AND IMMIGRATION Respondent ORDER AND REASONS [ 1 ] Mr. Adebayo Elijer Olaleye and Ms. Oluseyi Mariam Iyiola [together, the “Applicants”] seek a stay of removal to Nigeria initially scheduled for April 16, 2023.

The motion for stay is brought as interlocutory relief to an application for leave and for judicial review of a decision dated April 3, 2023 by an Inland Enforcement Officer [Officer] denying the Applicants’ request to defer the execution of the removal order [Decision]. [ 2 ] On April 14, 2023, the same day of the hearing of the initial stay motion, Ms. Iyiola was admitted to the Scarborough Health Network Emergency Department [Scarborough HN]. Upon receiving a letter from Dr. Samuel of Scarborough HN that Ms.

Iyiola was “unable to go on her flight” due to her medical condition, I issued an interim interim order to stay the removal and adjourned the hearing until April 21, 2023. [ 3 ] As per my order dated April 14, 2023, counsel for the Applicants submitted updated medical information on April 19, 2023 with respect to Ms. Iyiola’s health condition.

Counsel further advised the Court that the Applicants continue to rely on their existing motion record and written representations. [ 4 ] By letter dated April 20, 2023, the Respondent advised the Court that the Canada Border Services Agency [CBSA] has cancelled the Applicants’ removal, and intends to reschedule it, likely for a date in mid to late May.

As such, the Respondent submitted that the present stay motion based on a deferral decision relating to a removal date, which has now been cancelled, is moot. [ 5 ] In written reply, the Applicants argued that the cancellation of the removal was carried out not as a result of the CBSA’s intention but rather due to my order dated April 14, 2023. The Applicants further submitted that the Respondent has assumed in their submissions that the treatment for Ms. Iyiola will be completed by mid to late May, without taking into consideration the medical evidence.

At the hearing, the Applicants conceded that the stay motion is moot but maintained that the Respondent still wishes to proceed with the removal at a future date notwithstanding the medical advice. [ 6 ] Whether or not the CBSA’s decision to defer removal was prompted by my order of April 14, 2023, the fact remains that the initially scheduled removal upon which the deferral decision was made has been cancelled. I agree with the Respondent that the cancellation of the removal renders the present stay motion moot.

The Applicants are not precluded from seeking further deferral, or a further stay of their removal, if or when such removal is scheduled. [ 7 ] As such, I am dismissing the Applicants’ motion for a stay of their removal on the basis of mootness. ORDER in IMM-4540-23 THIS COURT ORDERS that the application for a stay of removal pending the determination of the Applicants’ application for judicial review is dismissed. "Avvy Yao-Yao Go" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4540-23

STYLE OF CAUSE: ADEBAYO ELIJER OLALEYE, OLUSEYI MARIAM IYIOLA v THE MINISTER OF CITZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: April 21, 2023 ORDER AND reasons: GO J. DATED: April 21, 2023 APPEARANCES : Peter Chmiel For The Applicants Asha Gafar For The Respondent SOLICITORS OF RECORD : Peter Chmiel Barrister and Solicitor Mississauga, Ontario For The Applicants Attorney General of Canada Toronto, Ontario For The Respondent