What is the impact of a pre-removal risk assessment on an application for a deferral of deportation?

Canada (Federal), Canada

The following excerpt is from Herrera v. Canada (Minster of Citizenship and Immigration), 2001 FCT 1394 (CanLII):

The Assessment was presented to the applicant and his counsel at a meeting on November 15, 2001 and they expressed their disagreement with the conclusion reached. The next day the applicant's request for a deferral of his deportation was refused. The applicant submitted that only a risk assessment which is conducted as part of his Humanitarian and Compassionate Application could meet the requirement set in Farhadi v. Canada, [2000] F.C.J. 646, (2000), 257 N.R. 158, for a pre-removal risk assessment in accordance with the principles of natural justice. He also submitted that the principles of fundamental justice required that he be given an opportunity to review and comment on the Assessment and he said that it would constitute irreparable harm to deport him if his rights under Section 7 of the Charter had not been respected. Conclusions

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