If you are a Permanent Resident of Canada you face removal from this country for a conviction in Canada for an offense that could result in a maximum sentence of 10 years (or more). You do have an appeal if you've been sentenced by way of a conditional sentence or to less than 6 months in jail. You do not have an appeal to the Immigration Appeal Division if you have been sentenced to more than 6 months in jail. Don't think that deportation is automatic. There are options that can be explored.
You can also be removed from Canada if there is evidence that you've committed a serious crime outside Canada. If this allegation is made, the Minister will need to establish their allegations in front of the Immigration Division. These matters involve making an equivalency between the foreign offense and a relevant Canadian offense. These things get very technical very quickly. It is imperative that you retain experienced immigration counsel.
In certain circumstances, there may not be an appeal to the Immigration Appeal Division.
If you do have an appeal to the IAD it is essential to show remorse, insight and rehabilitation.
Comments