When I first started practicing immigration law, I took on Legal Aid files and in the course of being on the roster was required to provide an opinion as to the relative merits of coverage.
In this case, I represented the client before the Immigration Appeal Division. He was a Permanent Resident and faced deportation because of his criminal convictions in this country.
After considering the typical "Ribic" factors (establishment, best interests of a child, remorse/rehabilitation, family/community support) the Immigration Appeal Division did not grant relief.
I recommended coverage for judicial review of the decision as I felt that a reviewable error had been committed by the Board Member. In this case, I felt that the refusal by the Board to consider evidence of hardship in the purported country of return was an error.
While I don't take on Legal Aid files anymore (for a variety of reasons) I hope that these opinions (I'll upload more in the future) are of assistance to junior immigration counsel.
Download 20100104 opinion jr iad
Raj Sharma JD LLM
Partner
Comments