International Law

The Stay...

By immlawyer

...was not granted. While being disappointed for my client, a stay is an 'extraordinary' remedy and the client was apprised of the chances beforehand.

Unfortunately, and for reasons that can't be expanded upon, the client was in the unenviable position of only retaining my services one week before the application was heard. The last minute nature of the application reflected badly on the 'balance of convenience' branch of the test for a stay.

The client was a permanent resident and convicted of serious crimes which resulted in a removal order against him. The IAD had stayed that removal order, but breaches to the terms and conditions resulted in both the termination of the stay and termination of the jurisdiction of the IAD (by operation of the law). There was no other remedy to the client's situation other than a 'timely' application for a humanitarian and compassionate application.

Serious immigration consequences flow from criminal convictions from within Canada. Ultimately, permanent residents who face removal because of criminal inadmissibility need to take the prospect of enforcement and removal very seriously.

Full post as published by Canadian Immigration Blawg on November 02, 2008 (boomark / email).