REMOVAL AND DEPORTATION — Removal from Canada — Removal order — Stay of

Law360 Canada ( June 14, 2024, 1:08 PM EDT) -- Application by Setirekli for judicial review of the inland enforcement officer's ("Officer") refusal of his request to defer his removal. Setirekli sought refugee protection on grounds of religion and political opinion. He joined his refugee claim with his wife. The Refugee Protection Division ("RPD") refused their claim. Subsequently, Setirekli and his wife separated and pursued their claims separately before the Refugee Appeal Division ("RAD"). The RAD refused his appeal while his wife's claim was successful, and she became a permanent resident with their children. During their separation, Setirekli was charged with criminal harassment of his wife and was convicted of impaired driving. A deportation order was issued. Setirekli and his wife reconciled and sought to withdraw the harassment charge, but the charge remained outstanding. The wife included him in her permanent residence application as a dependent. His request for deferral of his removal was refused, and he was discovered living with his family at a different home address. He was arrested and detained. Setirekli based his deferral request on several submissions, among other things, Canada's international obligations regarding family reunification, which the Officer failed to address....
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