Case Law
Federal Court Upholds Removal, Denies Deferral for Man with Criminal Past

Federal Court Upholds Removal, Denies Deferral for Man with Criminal Past

Application for Judicial Review Dismissed
Citation
2025 FC 1627
Decided
Court file
IMM-12622-23
Full judgment
Read the decision

Case Law Overview

McKenzie v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1627

The applicant, a permanent resident with a serious criminal conviction, was ordered deported. After numerous unsuccessful applications to remain in Canada, he requested a deferral of his removal pending a last-minute Temporary Residence Permit (TRP) application, which a CBSA officer refused.

Court Ruling

The Federal Court dismissed the application for judicial review, finding the CBSA officer's decision to refuse the deferral was reasonable. The Court affirmed that an officer's discretion is limited and that last-minute, repetitive applications do not automatically warrant a stay of removal.

Key Quote from the Court

All of the above being the case, I am of the view that the Applicant's arguments in this matter amount entirely to a request that I reweigh the evidence that was before the officer. It is trite that this is not the role of the court sitting on judicial review.

Expert Takeaways

  • Timeliness of Applications is Critical Filing an application to remain in Canada just before a scheduled removal is a high-risk strategy. The Court noted the TRP was filed only a month before the removal interview, finding it was not timely, which weakened the request for a deferral.
  • Judicial Review is Not an Appeal The Court will not reweigh evidence or substitute its own opinion for the officer's. An applicant must demonstrate the decision was unreasonable on its face, not simply that a different outcome was possible.
  • Repetitive Applications Weaken Credibility The applicant had already made multiple unsuccessful PRRA and H&C applications based on similar grounds. The officer reasonably concluded these issues had been thoroughly canvassed, diminishing the need for another deferral for a new application with overlapping arguments.
  • Criminality Has Severe Immigration Consequences A serious criminal conviction can eliminate the right to appeal a deportation order and creates a very high bar for any discretionary relief, such as an H&C application or a deferral of removal.

There is a deadline on this

15 days
if the decision was made inside Canada
60 days
if the decision was made outside Canada

That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.

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Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.

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Questions people ask after reading a case like this

Does this mean my own case will succeed?

No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.

How long do I have to challenge a refusal?

Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.

What actually happens at the Federal Court?

Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.

Do I have to be in Canada to bring an application?

No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.

What happens in the free 15-minute review?

You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.

Ali Dadkhah

Written by

Ali Dadkhah

Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)

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