This is a heartbreaking case, but demonstrates issues regarding changes to the law in recent years:
Unless Mr. Stewart received a pardon for his Canadian offences and received rehabilitation for the Canadian offences he remains inadmissible to Canada. This is why the processing times for his case will go well beyond the average or the listed processing times. One alternate strategy, which could have been pursued in the past would be to ask for the Visa Office to refuse the application immediately. Instead of waiting the many months for the Visa Office to refuse the application anyways, in the past, the sponsor could then immediately appeal the refusal to the Immigration Appeal Division. They could request an expedited date due to health factors and possibly have all of these issues and factors before an immigration judge who would then be empowered to allow the appeal and facilitate a visa for an individual in Mr. Stewart's circumstances. Unfortunately, at present Mr. Stewart is ineligible to appeal any refusal as a result of changes made to the Immigration and Refugee Protection Act a couple of years ago.
It will be up to the new Minister to help re-design the current system to respond to cases such as this. How to retain flexibility with consistency is the main question these types of cases raise. In any event, hopefully this case has been elevated to a senior officer with the discretion to make a decision on the criminality issue and sponsorship so that this family can at least move from the state of limbo they live in today.
Unless Mr. Stewart received a pardon for his Canadian offences and received rehabilitation for the Canadian offences he remains inadmissible to Canada. This is why the processing times for his case will go well beyond the average or the listed processing times. One alternate strategy, which could have been pursued in the past would be to ask for the Visa Office to refuse the application immediately. Instead of waiting the many months for the Visa Office to refuse the application anyways, in the past, the sponsor could then immediately appeal the refusal to the Immigration Appeal Division. They could request an expedited date due to health factors and possibly have all of these issues and factors before an immigration judge who would then be empowered to allow the appeal and facilitate a visa for an individual in Mr. Stewart's circumstances. Unfortunately, at present Mr. Stewart is ineligible to appeal any refusal as a result of changes made to the Immigration and Refugee Protection Act a couple of years ago.
It will be up to the new Minister to help re-design the current system to respond to cases such as this. How to retain flexibility with consistency is the main question these types of cases raise. In any event, hopefully this case has been elevated to a senior officer with the discretion to make a decision on the criminality issue and sponsorship so that this family can at least move from the state of limbo they live in today.
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