Canada Immigration Case-law Azimi v. Canada, IMMIGRATION — Judicial review — Administrative and judicial functions

polinsys.com Editorial Administrative and judicial functions, Canada Immigration, Caselaws, Judicial review 0 Comments

Judgement of this Case: Click Here!
IMMIGRATION — Judicial review — Administrative and judicial functions — Applicant brought two unsuccessful applications for judicial review — First application concerned adverse decision of senior immigration officer regarding applicant’s per-removal risk assessment (PRRA) — Second application concerned refusal of enforcement officer to “cancel” applicant’s removal to Afghanistan — Court declined to certify questions for appeal purposes — Parties were permitted to make additional submissions — Determination that no question should be certified was confirmed — Applicant was arguing that PRRA officer should have invoked s. 25.1 of Immigration and Refugee Protection Act (Can.) to exempt him from application of s. 112(3)(c) and s. 113 — Role of PRRA officer does not include assessment of humanitarian and compassionate considerations — Applicant sought to have enforcement officer “cancel” his removal because change in law of complicity cast doubt on previous determination by Refugee Protection Division (RPD) that he was ineligible for refugee protection — Role of enforcement officer did not include revisiting prior determinations of RPD — Applicant maintained that question arose from conclusion that assessment by immigration officer of his or her jurisdiction was subject to review against standard of reasonableness — Determinative issues were nature and scope of functions performed by PRRA officer and enforcement officer, not applicable standard of review; this issue would not be dis positive of an appeal — Issues raised did not give rise to serious questions of general importance

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