MONICA PAOLA DE JESUS FACUNDO AURA VIVEKA OROZCO DE JESUS SOPHIA DUBHE OROZCO DE JESUS Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent
Date: 20230227
Docket: IMM-2284-23
Ottawa, Ontario, February 27, 2023
PRESENT: The Honourable Madam Justice Rochester
ORDER
UPON motion filed by the Applicants on February 22, 2023, for an Order staying the
execution of their removal to Mexico, currently scheduled for 8:20 a.m. on February 28, 2023;
AND UPON reviewing the motion records filed by the parties;
AND UPON considering the oral arguments made by counsel for both parties by
videoconference this day;
AND UPON determining the conjunctive tripartite test set out in Toth v Canada
(Minister of Employment and Immigration) (1988), 86 NR 302 (FCA) that must be satisfied
before a stay can be granted has been satisfied in this case;
THIS COURT ORDERS that the Applicants’ motion to stay the execution of their
removal to Mexico is hereby granted until such time as their underlying application for leave and
judicial review of a negative decision of a pre-removal risk assessment officer is finally
determined by this Court.
“Vanessa Rochester”
Judge