CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of negative pre-removal risk assessment (PRRA)—Applicants raising constitutional issues for first time in memorandum of fact and law—Arora v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No. 24 (T.D.) (QL), Garcia v. Canada (Minister of Citizenship and Immigration), 2006 FC 645, not wrongly decided—Native Women’s Assn. of Canada v. Canada, [1994] 3 S.C.R. 627 and Stumf v. Canada (Minister of Citizenship and Immigration), 2002 FCA 148, reviewed—Within Court’s discretion to allow issues to be raised for first time in further memorandum of fact, law—Relevant considerations listed—New issues not allowed to be argued as: (1) no reason why could not have been raised on timely basis; (2) possible prejudice to Minister if complex new issues allowed to be raised after expiry of deadline for filing affidavit evidence; (3) not subject of initial leave motion—Application dismissed.
Al Mansuri v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-6826-05, 2007 FC 22, Dawson J., judgment dated 11/1/07, 29 pp.)