The Federal Court has granted a last-minute stay of removal for Jagjit Singh, an Indian citizen who was scheduled to be deported from Canada, ruling that his pending spousal sponsorship application and the health needs of his Canadian wife warrant delaying his departure.
Singh arrived in Canada in 2021 on a temporary resident visa and initially filed a refugee claim. In January 2025, he married L.B., a Canadian citizen, and withdrew his refugee claim shortly after she submitted an inland spousal sponsorship application on his behalf. Immigration, Refugees and Citizenship Canada (IRCC) confirmed in May that L.B. met the eligibility criteria to sponsor Singh, but no decision on his permanent residence application has yet been made.
In early August, Singh asked the Canada Border Services Agency (CBSA) to defer his removal until at least a preliminary decision was made on his sponsorship application. CBSA refused, citing insufficient evidence that his removal would cause serious harm.
Justice Avvy Yao-Yao Go of the Federal Court disagreed, finding that the immigration officer misinterpreted their discretion and failed to properly assess evidence that Singh’s removal would significantly harm his wife, who suffers from ADHD and relies on him for daily structure, medication reminders, and financial support. The judge noted that L.B. has no other reliable family support and that Singh also contributes financially to his sister’s household, where the couple lives.
While acknowledging the public interest in enforcing removal orders, the court found that any delay in processing Singh’s permanent residence application lay with IRCC, not Singh. “Taking into consideration the irreparable harm to the Applicant’s spouse… granting the stay until the underlying application is determined would be just and equitable,” the ruling stated.
Singh’s deportation is now on hold until the court decides whether to grant judicial review of CBSA’s decision to deny his deferral request.
