Canada Immigration Case law Canada Ally, IMIMMIGRATION — Exclusion and expulsion — Removal orders

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IMMIGRATION — Exclusion and expulsion — Removal orders — Discretion of removals officer to defer removal — Foreign national was citizen of Guyana who had been granted permanent residence and then received two convictions for robbery — Deportation order was made against foreign national on ground of serious criminality — Foreign national subsequently married spouse and they had child born with Down syndrome and another child was born after foreign national was removed — Foreign national subsequently re-entered Canada illegally and had third child with spouse — Foreign national was detained by police and deportation order was issued — Foreign national subsequently applied for permanent residence, sponsored by spouse, requesting consideration on humanitarian and compassionate grounds — Foreign national received direction to report for removal and submitted request to defer removal pending determination of his spousal sponsorship application or birth of fourth child — Officer refused to defer removal — Foreign national applied for judicial review — Application dismissed — Given highly circumscribed jurisdiction of removals officer to conduct analysis of best interests of child when considering deferral application, there was no merit in foreign national’s assertion that officer made his decision without regard to evidence presented or that decision was otherwise unreasonable — Foreign national’s lack of “clean hands” also supported officer’s exercise of discretion in this case