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Judicial review of refusal to defer removal order dismissed; Officer's limited discretion reasonably exercised.
The applicant, a citizen of Nigeria, sought judicial review of a decision by a Canadian Border Services Agency Deferral Officer refusing to defer the execution of his removal order.
The applicant argued that the removal should be deferred pending his application for permanent residence via spousal sponsorship and his application for leave and judicial review of a negative Refugee Appeal Division decision.
The Federal Court held that the Officer's decision was reasonable, noting the limited discretion of enforcement officers to defer removal, and dismissed the application.