Federal Court


Court had previously rejected ongoing lawsuit ascause for deferral

Application for judicial review pursuant to s. 72(1) of Immigration and Refugee Protection Act (Can.), to set aside decision of Inland Enforcement Officer of Canada Border Services Agency refusing applicants’ request for deferral of their removal. Principal applicant and her children arrived in Canada in 2001 from Saint Vincent and Grenadines. Applicants’ refugee claim was refused. When principal applicant failed to appear for her pre-removal interview in 2005, arrest warrant was issued against her. Applicants’ removal was scheduled in May 2011. Applicants sought deferral pending completion of civil litigation matter which could take more than two years to resolve depending on the circumstances that litigation may reveal. Application dismissed. Decision not to grant deferral was reasonable. Court had previously rejected ongoing lawsuit as cause for deferral. Discoveries and taking of evidence before trial can be conducted outside of Ontario, and applicants offered no explanation as to why such provisions could not be employed in current case.

Phillips v. Canada (Minister of Public Safety and Emergency Preparedness)

(Dec. 22, 2011, F.C., Noel J., File No. IMM-3019-11) 210 A.C.W.S. (3d) 758 (12 pp.).

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