What is the burden of demonstrating serious issue in relation to the officer's refusal to defer his removal?
Canada (Federal), Canada
The following excerpt is from Garcia v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1603 (CanLII):
The Applicant bears the burden of demonstrating a serious issue in relation to the officer’s refusal to defer his removal. This must be assessed in the context of the legal framework within which the officer made that decision. The relevant principles have recently been summarized in a concise manner by Justice Walker, in Toney v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1018, at para 50:
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