A Federal Court judge has temporarily halted the deportation of Jagjit Singh, an Indian citizen, due to health issues concerning his Canadian wife, who has ADHD, and financial difficulties his departure would cause his sister. Singh arrived in Canada in 2021 on a temporary resident visa and later filed for asylum. While his refugee claim was pending, he met a Canadian woman, referred to as L.B. in court documents, in November 2024. They married in January 2025.

Shortly after their marriage, L.B. submitted a spousal sponsorship application for Singh to become a permanent resident. Following this, Singh withdrew his refugee claim. As the spousal sponsorship was being processed, Singh was informed in July that he had a removal date set for August. He requested the Canada Border Services Agency (CBSA) to postpone his deportation until L.B.'s application was reviewed, but the agency denied his request.

In response, Singh sought intervention from the Federal Court. His case was heard by Justice Avvy Yao-Yao Go, who released her decision on the same day. Singh's legal team presented five arguments for delaying the deportation, claiming that the CBSA mishandled evidence and did not adequately review Singh's submissions.

While the judge found not all of Singh's arguments compelling, she identified at least one significant issue that warranted a stay. "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," Go stated in her ruling. She noted that the border officer failed to properly consider the potential for irreparable harm.

Irreparable harm, as defined in the judgment, refers to damage that cannot be compensated financially. It can affect not only the individual facing deportation but also others directly impacted by the removal. In this case, the judge found evidence of harm to Singh's wife, L.B., and to his sister, who would face financial strain due to the couple's living arrangements.

Go highlighted that L.B. suffers from ADHD, which affects her ability to manage daily responsibilities. Singh provides her with essential support, including help with medication reminders and emotional stability. The court also noted that L.B. cannot rely on other family members for assistance. Furthermore, Singh's sister has put her house up for sale following the decision to deny Singh's request for a deferral.

During the court proceedings, the government argued that the spousal sponsorship application was under further investigation due to potential concerns about the legitimacy of the marriage. Singh's lawyers countered that the couple had not been asked for additional information, placing the responsibility for the delay on the government.

In her conclusion, Go stated, "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." As a result, Singh is allowed to remain in Canada while the review is conducted.