Citizenship and Immigration
Exclusion and Removal
Removal of Permanent Residents
Judicial review of Canada Border Services Agency Enforcement Officer’s refusal to defer applicant’s removal to Guyana—Applicant, permanent resident, convicted of manslaughter, assault—Federal Court granting stay of removal pending disposition of judicial review—Judicial review of refusal to defer removal moot since removal date long passed—Federal Court should still hear matter since applicant remaining subject to removal, outstanding humanitarian and compassionate (H&C) application constituting special circumstances, public interest in guidance as to exercise of enforcement officer’s discretion—Enforcement Officer misunderstanding evidence relative to criminal conviction, failing to appreciate individual circumstances, including applicant’s fears of risk if returned to Guyana—Although insufficient by itself to give rise to stay of removal, H&C application highly relevant factor officer must consider in absence of right of appeal of deportation order, i.e. when application only means of redress—Question certified as to whether judicial review of refusal to defer removal order moot when stay order issued thereafter—Application allowed.
Katwaru v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-475-07, 2008 FC 1045, Heneghan J., judgment dated September 17, 2008, 13 pp.)