Last week, we successfully convinced the Immigration Appeal Division (“IAD”) of the Immigration and Refugee Board to stay our client’s removal order for 2 years.
Our client first came to Canada in 2016 as a Permanent Resident. He was issued a removal order by the Immigration Division for a criminal conviction he received in 2022 – he had pled guilty and consequently received a suspended sentence. Unfortunately for our client, he was not apprised of the immigration consequences of such a plea and this important consideration was also not put before the judge at sentencing. The resulting sentence rendered our client criminally inadmissible and subject to a deportation order.
At the IAD hearing, we highlighted our client’s situation, arguing that it warranted special relief in light of the all the humanitarian and compassionate (“H&C”) considerations. The legal test in such appeals involves the consideration of a number of H&C factors including:
- Seriousness of the offence
- Possibility of rehabilitation
- Establishment in Canada
- Family support available
- Hardship to the appellant on removal
- Hardship to family or any children
We had put together an extensive documentary disclosure including court records, professional opinion letters, articles on the conditions in the country of removal, academic research on the impact of removal on our client’s vulnerabilities, along with countless other evidence of establishment and potential hardship to demonstrate the existence of strong humanitarian and compassionate factors in our client’s case. Considering our client’s testimony, the documentary disclosure, and our submissions, the IAD agreed that special relief was warranted in this case and stayed the removal order for 2 years.
Removal Order Appeals at the IAD are complex and require thorough preparation and in-depth knowledge of the case law. Seeking legal representation from an experienced professional that can assist in gathering all relevant supporting documents, conducting research, preparing witnesses for testimony, and making legal arguments at the hearing itself, is crucial in ensuring a successful outcome.
If you are looking for an experienced lawyer for immigration appeals, we can assist. Contact us to book a consultation.