International Law

Criminality appeals before the IAD

By Raj Sharma

I was before the IAD on a number of appeals involving removal orders for criminality. 

As I've written in the past, these appeals involve the consideration of the so called "Ribic factors", namely:

• Seriousness of the offence leading to the removal order;
• Remorse/potential for rehabilitation; 
• Length of time/establishment in Canada; 
• Family in Canada and the dislocation to that family upon removal; 
• Community support; and
• Degree of hardship upon return. 

Such hearings are analogous to sentencing hearings in criminal courts. I typically get the following evidence before the panel:

- when the appellant came to Canada, his/her age at the time; 

- how the appellant became a permanent resident; 

- languages spoken; 

- employment history; 

- education (in Canada and the country of origin); 

- relationship history; 

- family composition; 

- children and arrangements for support; 

- household finances and financial contribution/dependency (if any); 

- assets/liabilities; 

- support from friends and family; 

- circumstances of the offence (including whether violence was involved/whether it was a pattern of offences or a singular occurrence); 

- country evidence for the country of return; 

- efforts at rehabilitation/compliance with probation or other conditions imposed after the criminal finding of guilt/counselling, degree of insight (this is important);

- restitution made (if any); 

- sentencing remarks (hopefully positive) made by the judge in the criminal matter; and, inter alia,

- the appellant's plan for the future; 

I may directly ask the appellant as to what assurances he/she can provide the Panel that he/she would abstain from illegal behavior in the future. 

In many cases, it is important to request the Panel to impose a stay. A stay allows the appellant to demonstrate his good intentions while allowing the immigration regime/authority to keep an eye on the appellant. Should the stay be breached, the appellant's appeal would be dismissed and he/she would be ordered deported. 

Full post as published by Canadian Immigration Blawg on November 14, 2010 (boomark / email).