Wife's ADHD cited by Federal Court in reasons for delaying deportation of man from India

A Federal Court judge has temporarily stopped the deportation of a man from India over Ottawa’s handling of health concerns by his Canadian wife who has ADHD, and financial problems his departure would cause his sister.

Jagjit Singh, a citizen of India, came to Canada in 2021 on a temporary resident visa and made a refugee claim for asylum. While that claim was being processed, he met a Canadian woman, in November 2024, and married her the following January.

The woman, identified only by the initials L.B., in the court decision, submitted a spousal sponsorship for her new husband to become a permanent resident of Canada a couple of weeks later, after which he withdrew his refugee claim.

While one arm of the immigration system was processing the spousal sponsorship, another arm was dealing with a man who was no longer seeking refugee protection and so had overstayed his original visa.

In May his wife was notified she met the eligibility requirements to sponsor Singh and, in July, Singh was given a removal date for August. He asked Canada Border Services Agency officials to delay his deportation until after his wife’s application was adjudicated.

CBSA refused his request. Singh then sought intervention from the Federal Court to delay his removal.

His case was heard by Federal Court Justice Avvy Yao-Yao Go on Tuesday and her decision was released the same day.

Lawyers for Singh claimed five grounds for a delay, including various ways that the CBSA mishandled and misapplied evidence in the case to a degree suggesting they had not reviewed the submission Singh had made.

The judge said not all of Singh’s grounds were persuasive, but only one serious issue was needed for a stay to be granted, and she saw one.

“There is at least one serious issue with respect to the Officer’s assessment of the evidence the Applicant submitted in support of his deferral request, and the Officer’s interpretation of the scope of their discretion,” Go wrote in her decision.

She found the border officer did not properly consider the issue of irreparable harm.

“Irreparable harm refers to harm which cannot be compensated in money; it is the nature rather than the magnitude of the harm,” her judgment says. It doesn’t have to be the person being deported that is harmed, it can be “specific harm that is demonstrated in regard to any persons directly affected by the removal, and who will be remaining in Canada.”

In this case, Go found that there was evidence of harm to Singh’s wife, who has ADHD, and to Singh’s sister, who will suffer financially because the couple pay to live in her house. The CBSA officer’s dismissal of the concerns was not based on evidence before the court, Go said.

“In the case before me, there is evidence that L.B. suffers from ADHD which impairs her ability to manage time, stress, focus and everyday responsibilities and that the Applicant provides her with support by, among other things, helping her maintain daily structure and reminders for medications and appointments, and providing her with emotional stability and mental health support. The evidence before the Court also indicates L.B. cannot rely on other family members to support her.

“The evidence before the Court further indicates that the Applicant’s sister has put her house on sale in light of the Decision denying the Applicant’s request to defer his removal.”

In court, the government argued the couple’s spousal sponsorship application faces further investigation due to “possible bona fide concerns,” suggesting CBSA wants to see whether their marriage is a sham for immigration purposes. Singh’s lawyers responded that the couple has not been asked for any information in that probe, so the delay is the government’s fault, not Singh’s.

“In the end,” Go wrote, “taking into consideration the irreparable harm to the Applicant’s spouse on the one hand, and the inconvenience to the Respondent caused by delay in removal on the other, I find that granting the stay until the underlying (application for judicial review) is determined would be just and equitable in all the circumstances of the case.”

Go said Singh could stay in Canada until that review happens.

• Email: ahumphreys@postmedia.com | X: AD_Humphreys

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