The applicant, a permanent resident, was found inadmissible for serious criminality after pleading guilty to child luring without being advised of the immigration consequences.
He sought to defer his scheduled removal pending a constitutional challenge to his minimum sentence before the Superior Court of Québec and raised concerns regarding his mental health and suicide risk.
The enforcement officer refused to defer removal.
The Federal Court allowed the application for judicial review, finding the officer unreasonably failed to consider the applicant's right to exhaust his criminal appeal remedies, which if successful could impact his immigration status.
