CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Prasad v. Canada (Minister of Citizenship and Immigration)
IMM-2810-02
2003 FCT 614, Russell J.
16/5/03
18 pp.
Judicial review of decision by Enforcement Officer denying applicant's request to defer removal from Canada pursuant to removal order issued earlier--Applicant, 25-year-old citizen of Fiji, came to Canada as visitor in September 1998--In October 1999, respondent issued conditional departure order against applicant--In February 2001, CRDD determined applicant not Convention refugee--Court denied leave to review negative CRDD decision--Conditional departure order becoming effective--Applicant required to report for removal from Canada on June 21, 2002--Pinard J. stayed applicant's removal pending outcome of application for judicial review-- Execution of removal orders governed by Immigration and Refugee Protection Act, s. 48--Content of officer's duty, scope of discretion under s. 48 discussed extensively in case law of Court--Case law not providing definitive pronouncement on meaning of words "as soon as reasonably practicable"--Discretion under s. 48 allowing officer to consider circumstances directly affecting travel arrangements, but inquiry not restricted to that--Officer must also consider other special circumstances of case--Mere existence of pending H&C application not warranting deferral of removal --Not enforcement officer's job to evaluate merits of H&C application--Failure to consider compelling individual circumstances, such as personal safety, health issues, may constitute unlawful fettering of officer's discretion--Officer's decision patently unreasonable, based on erroneous findings of fact, made in perverse, capricious manner and without regard for evidence--Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 48.