Application for judicial review of a short-term removal deferral refusal dismissed as moot.
The Minister of Public Safety and Emergency Preparedness brought a motion to dismiss the applicants' application for leave and judicial review of a CBSA officer's decision refusing a short-term deferral of their removal from Canada.
The deferral was requested to address the principal applicant's mental health crisis.
The Court found the application was moot because the time period for the requested deferral had long passed.
Applying the Borowski factors, the Court declined to exercise its discretion to hear the moot application, noting the lack of practical utility and judicial economy.