R.J.M. v Canada (Pubic Safety and Emergency Preparedness)
Tribunal: Calgary office, Immigration Appeal Division
Calgary immigration lawyer Bjorn Harsanyi represented the appellant who faced deportation from Canada. A deportation order was issued against him based on criminal inadmissibility, pursuant to s 36(1)(a). The appellant had been convicted of sexual interference with a minor. The legality of the removal order was not contested.
The deportation order was appealed to the Immigration Appeal Division. The appellant requested discretionary special relief by way of s. 67, arguing that sufficient humanitarian & compassionate factors existed in his case. The Ribic factors were assessed by the IAD.
The seriousness of the offence was a significant negative factor as the maximum sentence of 10 years was clearly indicative of society’s distaste for such an offence.
The appellant’s admittance to similar prior acts with the victim was similarly an aggravating factor. The appellant had issues of denial with his actions and the damage they caused, which impeded the appellant’s rehabilitation. In the appellant’s favour was his 33 year residence in Canada, the hardship endured by him in returning to his country of origin based on his establishment in Canada and his dependant common-law spouse. The appellant also suffered from medical problems which would impede employment and requires significant attention.
On the balance of these factors the removal order was stayed for four years subject to stringent requirements. It is the practice of the immigration lawyers at this office to provide supportive evidence such as a psychologist’s report presented the appellant as dangerous to the children of the family, and as such was to refrain from unsupervised contact with them, and all contact with the victim.
Comments