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Federal Court

By immlawyer

Federal Court

I was at the Federal Court earlier this week dealing with a review of a decision by the Immigration Appeal Division. The case has some notoriety in Calgary but boiled down to the reasonableness of the IAD in 'importing' the objective of a seemingly unrelated enforcement section of the IRPA to a removal order dealing with criminality.

The IAD had to have regard to the so called Ribic factors, which include seriousness of the offence, possibility of rehabilitation, community and family support, best interests of a child and hardship upon removal.

Madame Justice Snider was presiding. She wrote the trial division decision of Medovarski - the IAD cited the SCC decision of Medovarski - and thus had particular insight into this decision. Counsel for the Department of Justice was Brad Hardstaff, who is senior counsel.

I was gratified when the Court commended our written and oral argument. Reasons were reserved. I'm looking forward to reviewing the decision in due course.

Full post as published by Canadian Immigration Blawg on January 23, 2010 (boomark / email).