Citizenship and Immigration
Immigration Practice
Application for stay of removal order—Enforcement officer deciding not to defer removal until sponsored H&C application for permanent residence decided—Exercise of discretion concerning right to defer considered—Applicant making out serious issues: (1) Enforcement officer failing to apply proper test to gauge point in time to calculate how long H&C application outstanding; (2) Enforcement officer failing to take into account applicant’s surrounding compelling personal circumstances; and (3) Enforcement officer misreading medical evidence—Applicant making out irreparable harm if stay not granted—In this case, irreparable harm having two aspects: harm to the applicant and harm to the family unit—Balance of convenience favouring applicant—Application allowed.
Bhagat v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-44-09, 2009 FC 45, Lemieux J., order dated January 20, 2009, 10 pp.)