What options do you have if the Canada Border Services Agency (CBSA) or the Immigration Division of the Immigration and Refugee Board issues a Removal (Departure) Order for removing you from Canada?
One of our clients who had been a permanent resident of Canada for more than 10 years faced a situation like this when the Immigration Division issued a Departure Order because he had been convicted of criminal offence.
As soon as our client contacted us, Mr. Harry Mann represented our client in an appeal before the Immigration Appeal Division (IAD). The IAD after considering the evidence and submissions made in the appeal granted special relief to our client and allowed the appeal.
Permanent residents of Canada or foreign nationals are inadmissible on the grounds of serious criminality for:
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
The IAD can grant relief and allow the appeal if the removal order is not valid or if the appellant proves that sufficient grounds exist to grant a special relief in the circumstances of the case.
After our client contacted us we analysed his circumstances in view of the applicable provisions of law and legal precedents. We asked our client to provide us with evidence in the forms of letters from family members, friends, community leaders, and employers. We also researched and provided evidence to IAD about the nature and seriousness of the crime. We held several meetings with our client and his family members and to prepare the testimonies. At the hearing our client and his family members testified.
After considering the evidence, submissions made by our senior lawyer Mr. Mann and counsel for the Minister the IAD concluded that there are grounds to grant special relief.
We analyze and treat each individual case with the special considerations it requires. Contact us if you require assistance with a Removal order.