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International Law

: Canadian Immigration Blawg

By Sharma Harsanyi Barristers & Solicitors

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Returned this afternoon from the Immigration Appeal Division. Hearing held by video conference. We sought the IAD's equitable jurisdiction -- ie are there sufficient humanitarian and compassionate considerations in light of all the circumstances to warrant special relief.

Minister's counsel was thorough but fair. We went through the standard Ribic factors (seriousness of the offence/remorse/rehabilitation/family support/dislocation to family/community support/hardship and best interests of a child).

Crime committed was serious, but at the low end of the 'range'. While there was remorse, unfortunately, the client was unable to demonstrate sufficient insight into his criminal behavior. Luckily, he was able to demonstrate substantial family support (his son testified as well). As a result, the appeal was not allowed outright; a stay of 18 months was imposed with terms and conditions to include psychological/counselling requirement. The client's seemed pleased with the outcome.

-- Raj

Full post as published by Canadian Immigration Blawg on August 11, 2010 (boomark / email).