A series of rulings from a Federal Court judge appointed in 2021 is drawing scrutiny for consistently siding with individuals facing removal from Canada or the loss of citizenship, challenging the enforcement of the country's immigration safeguards.
A Judicial Background Steeped in Advocacy
Justice Avvy Yao-Yao Go, appointed to the Federal Court in 2021, once described herself as a "loudmouth activist for politicians to contend with." Prior to her judicial appointment, her career was marked by advocacy for expansive immigration policies, including support for chain migration. She served on the Law Society of Ontario's equity committee and was a vocal critic of both journalists and politicians.
In one notable pre-bench effort, she led an attempt to secure government reparations for descendants of Chinese-Canadians impacted by the historical head tax. After losing an appeal in that case, her organization lodged a racism complaint against the appeal judge, which was subsequently dismissed.
A Pattern of Halting Enforcement Actions
Since her appointment, Justice Go's role as an immigration gatekeeper has resulted in several high-profile decisions that have paused or overturned government enforcement actions.
In a recent case, she halted citizenship revocation proceedings against a pharmacist. The government's case alleged the individual's immigration application failed to meet residency requirements and was connected to a husband implicated in immigration fraud involving faked Canadian residency. Justice Go ruled it was unfair to proceed because the application was approved in the early 2000s, investigated in 2014, but not acted upon until 2024.
This was not an isolated incident. In September 2025, she paused the deportation of a Mexican man who arrived in Canada in 2022 and failed to report to border officers the next day as required. He remained in the country for three years fighting removal, claiming cartel persecution.
Questionable Grounds for Staying in Canada
Other rulings have raised eyebrows for the grounds on which deportations were paused. In one decision, Go halted the removal of an Indian man, arguing that his departure would hinder his ability to help his Canadian wife manage her ADHD. The couple had married just weeks after meeting.
In December 2025, she paused the deportation of two Nigerians who claimed asylum on the basis of bisexuality after their study permits expired. While asylum officials expressed skepticism, the judge allowed their cases to continue.
Perhaps more strikingly, in May 2025, Go halted the deportation of a Nigerian man whose asylum claim was deemed not credible. The man claimed asylum in November 2023, returned to Nigeria the following month, and then came back to Canada in September 2024 to make a new claim based on sexuality, citing a same-sex relationship from two decades prior despite having a wife. Officials noted the return trip undermined his claim of danger, but the judge ruled they failed to properly explain their credibility findings.
That same month, she also permitted a Nigerian family to remain in Canada. The family arrived in 2018, had their asylum claim and subsequent pre-removal risk assessment rejected, and failed in an application for permanent residency on humanitarian grounds. Go set aside that final rejection, arguing immigration officials did not adequately consider the best interests of the family's two children, who were aged 18 and 16.
Implications for Immigration System Integrity
Collectively, these rulings paint a picture of a judiciary that frequently intervenes to stop the enforcement of immigration decisions. Critics argue this pattern enables abuse of the system, rewarding those who overstay visas, fail to report, or present claims already rejected through due process.
Supporters may view the decisions as necessary checks on bureaucratic processes, ensuring fairness and thorough consideration of individual circumstances, particularly family unity and personal safety. The ongoing tension between strict rule enforcement and judicial discretion continues to define key battles within Canada's immigration landscape.
