Citizenship and Immigration
Immigration Practice
Judicial review of enforcement officer’s refusal to defer applicant’s removal from Canada—Removal order temporarily stayed— Although application for judicial review moot, Court deciding to exercise discretion to review officer’s negative decision after determining three mandatory requirements established by case law to hear moot proceedings met—Also noting Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 48(2) providing no guidance as to how removal officer must exercise discretion to defer execution of removal order, far-reaching consequences of officer’s decisions, removal officers’ relative lack of expertise —Officer erred in refusing applicant’s request for deferral—Failing test set out in Maple Lodge Farms Ltd. v. Government of Canada, [1982] 2 S.C.R. (i.e. ignoring relevant evidence, particularly about applicant’s mental health), considering irrelevant, extraneous evidence—Question certified as to whether application to review refusal to defer by stay rendered moot— Application allowed.
Weekes v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-5636-06, 2008 FC 820, Heneghan J., judgment dated June 30, 2008, 18 pp.)