| Citation: |
Enabulele v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 641, [2009] 4 F.C.R. D-1 |
IMM-3486-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of Canada Border Services Agency officer’s decision applicant not eligible for administrative deferral of removal under public policy under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25(1) to facilitate processing in accordance with the Regulations of the spouse or common-law partner in Canada class by reason of outstanding criminal charges against applicant—Applicant, citizen of Nigeria married to Canadian citizen, charged with two counts of sexual assault—Challenging constitutionality of Policy on basis violating Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.), ss. 7, 11(d)—With respect to Charter, s. 7 rights, applicant entitled to pre-removal risk assessment prior to removal—As to rights to be presumed innocent under Charter, s. 11(d), that right not extending to administrative proceedings where innocence not at stake—As such Charter, ss. 7, 11(d) not engaged by reason of Policy—Application dismissed—Question certified as to whether Policy violating Charter, ss. 7, 11(d).
Enabulele v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-3486-08, 2009 FC 641, Blanchard J., judgment dated June 17, 2009, 16 pp.)