Just attended an interview with my client with CBSA pertaining to an allegation of criminal inadmissibility. The Officer has discretion in terms of whether writing a report (s.44 report) and discretion in whether or not to recommend a referral of that report to the Immigration Division of the Immigration and Refugee Board. The interview canvassed a number of areas, but started off with the basic 'tombstone' information, such as the legal name, address, employer, date of birth, place of birth and whether the client has applied for Canadian Citizenship.
Questions also included:
- Employment history
- Family in Canada and in the country of nationality/origin
- Assets/Liabilities and whether the client had received social assistance
- Education
- Travel history
- Language ability
- Employment/Job skills
- Breach of previous probation
- Details of criminal convictions and circumstances of each offence
- Treatment/programs taken
- Health condition
- Rehabilitation/what's to prevent relapse into criminal behavior
In this case, while the seriousness of the offence is not a factor in my client's favour, his time in Canada, and his family (including a 2 month old child) may persuade the officer to exercise positive discretion in this matter. I will make written submissions and will likely seek a psychological report to underscore the client's rehabilitation in this matter.
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