Digests

Decision Information

Decision Content

Citizenship and Immigration

Exclusion and Removal

Immigration Inquiry Process

Judicial review of refusal to defer removal requested on basis of outstanding pre-removal risk assessment (PRRA)—Application moot as date of removal passed prior to hearing of judicial review application—But useful purpose served by deciding matter on merits—Allegations of risk should be given some consideration by enforcement officers, especially where no reasonably timely assessment of risks faced by person to be removed has taken place—While full PRRA-like assessment not necessary, some thought should have been given to risk applicant might face as returned criminal—No indication in notes that officer gave this any consideration—Officer erred in basing refusal to defer entirely on point that this was technically second PRRA application—Matter returned to enforcement officer for reconsideration solely on question of risk.

Wong v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-3845-07, 2008 FC 783, Mosley J., judgment dated June 24, 2008, 8 pp.)

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