Pay Pay v. Canada (Citizenship and Immigration)

Pay Pay v. Canada (Citizenship and Immigration)

The HC officer's decision was reasonable and is dismissed; the PRRA officer's decision was patently unreasonable because he failed to properly apply the internal flight alternative test and relied on illogical findings regarding subjective fear and the adoptive father's protection, therefore the PRRA judicial review is allowed; the constitutional challenge to the regulatory lifting of the stay is dismissed because exclusion based on criminal conduct is not discrimination under s.15 in these circumstances; the refusal to defer removal to the United States is dismissed as removal to the United States does not necessarily constitute irreparable harm.

Citation
2006 FC 722
Parties
Applicant: Pay Pay Munde; Respondents: Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 June 2006
Procedural Posture
Judicial Review of Immigration Decisions (hc Application, Prra, Removal Officer Decision) / Reasons for Order / Final Decision on Judicial Review Applications
Outcome
HC application dismissed; PRRA application allowed; application to review removal officer's refusal to defer removal dismissed; constitutional challenge dismissed; parties invited to propose certification questions.
Legal Topics
Humanitarian and Compassionate Considerations, Pre Removal Risk Assessment (prra), Removal/deferral to the United States, Administrative Stay Under IRPR S.230, Internal Flight Alternative, Charter S.15 Equality Challenge, Standards of Judicial Review
Source Language
English
Immigration Law Administrative Law Constitutional Law Humanitarian and Compassionate Considerations Pre Removal Risk Assessment (prra) Removal/deferral to the United States Administrative Stay Under IRPR S.230 Internal Flight Alternative +2 more

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Parties

Pay Pay Munde

Applicant

Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness

Respondents

Procedural Posture

Judicial Review of Immigration Decisions (hc Application, Prra, Removal Officer Decision) / Reasons for Order / Final Decision on Judicial Review Applications

Legal Issues

  1. 1 Whether the HC officer's decision was reasonable
  2. 2 Whether the PRRA officer's decision was patently unreasonable (including internal flight alternative analysis)
  3. 3 Whether paragraph 230(3)(c) and the lifting of an administrative stay discriminates under s.15 of the Charter

Ratio Decidendi

The HC officer's decision was reasonable and is dismissed; the PRRA officer's decision was patently unreasonable because he failed to properly apply the internal flight alternative test and relied on illogical findings regarding subjective fear and the adoptive father's protection, therefore the PRRA judicial review is allowed; the constitutional challenge to the regulatory lifting of the stay is dismissed because exclusion based on criminal conduct is not discrimination under s.15 in these circumstances; the refusal to defer removal to the United States is dismissed as removal to the United States does not necessarily constitute irreparable harm.

Court Disposition

HC application dismissed; PRRA application allowed; application to review removal officer's refusal to defer removal dismissed; constitutional challenge dismissed; parties invited to propose certification questions.

Orders

  • Humanitarian and compassionate application dismissed
  • PRRA judicial review allowed (officer's decision set aside)