Citizenship and Immigration
Exclusion and Removal
Immigration Inquiry Process
Judicial review of enforcement officer’s refusal to defer removal from Canada until determination of outstanding humanitarian and compassionate (H&C) considerations application— Applicant, permanent resident, ordered deported because of drug-related criminal convictions—Dunsmuir v. New Brunswick, 2008 SCC 9 eliminating patently unreasonable standard of review for provincially appointed administrative decision makers—Decision should not impact interpretation of Federal Courts Act, R.S.C., 1985, c. F-7 s. 18.1, which allows Federal Court to grant relief if federal tribunal erring in law or basing decision on erroneous finding of fact—Dunsmuir offering guidance on what constituting reasonable decision—Defining “reasonableness” as whether decision falling within range of possible, acceptable outcomes which are reasonable in respect of facts, law—Reasonableness standard applying because questions before Court mixed fact, law—Case law on deferral requests reviewed—Officer’s discretion to defer lawful removal limited by law to timing of removal—Applicant not establishing H&C application backlogged—Within framework of law, facts, officer’s decision reasonable—Application dismissed.
Ferraro v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-2784-07, 2008 FC 815, Lemieux J., judgment dated June 27, 2008, 20 pp.)