International Law

Street Racer Ordered Deported

By immlawyer

Sukvir Singh Khosa has lost his bid to remain in the country. The Supreme Court, in a 7-1 ruling, reaffirmed the original IAD decision ordering his deportation. The decision has important implications for judicial review of IAD and other IRB decisions.

Ottawa Citizen article here:

Justice Ian Binnie, writing for the majority, concluded that there was "no basis" for the appeal court to interfere with the board's deportation order unless it was unreasonable.

"Reviewing courts ought not to reweigh the evidence or substitute their own appreciation of the appropriate solution, but must rather determine if the outcome falls within a range of reasonable outcomes," wrote Binnie.

"In this case, the question whether K (Khosa) had established "sufficient humanitarian and compassionate considerations" to warrant relief from his removal order was a decision which Parliament confided to the IAD (Immigration Appeal Division), not to the courts."

Khosa, who immigrated from India with his family as a teenager, was convicted in the death of 51-year-old Irene Thorpe, who was out for an evening walk in Vancouver in 2000 when she was hit by Khosa's speeding Chevrolet Camaro.

Also convicted was Bahadur Singh Bhalru, who was deported to India in 2005.

The two men were driving about 120 kilometres per hour in a 50-kilometre zone, court testimony revealed.

Full post as published by Canadian Immigration Blawg on March 06, 2009 (boomark / email).