[2012] 3 F.C.R. D-8
CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Permanent Residents
Judicial review of decision of pre-removal risk assessment (PRRA) officer informing applicant initial (positive) decision relating to him not final, for lack of jurisdiction, that final decision needing to be made by Minister’s delegate—Whether PRRA officer functus officio once initial decision (staying removal order against applicant) rendered—Relevant provisions of Immigration and Refugee Protection Act, S.C. 2001, c. 27, Immigration and Refugee Protection Regulations, SOR/2002-227 stating officer could not grant stay owing to lack of jurisdiction—Officer’s role limited to rendering assessment for delegate’s later consideration—Initial decision, impugned decision simply constituting administrative acts carrying no legal consequences—Application dismissed.
Saint-Félix v. Canada (Citizenship and Immigration) (IMM-6725-11, 2012 FC 354, Tremblay-Lamer J., judgment dated March 23, 2012, 6 pp.)