The applicant, a failed refugee claimant, sought a stay of his removal from Canada.
Due to a calculation error by his former counsel, his application for leave and judicial review of the Refugee Appeal Division's decision was filed late, rendering him ineligible for an automatic statutory stay of removal.
The Inland Enforcement Officer subsequently denied his request for a deferral of removal.
The applicant then brought this motion for a stay pending judicial review of that deferral decision.
The Court noted that the deferral application was likely meritless but identified a risk of injustice due to counsel's failure to seek a court-ordered stay in the underlying judicial review file.
The Court exercised its discretion to grant an interim stay of removal, adjourned the current motion sine die, and established a timetable for the applicant to properly seek a stay in the underlying file.
