International Law

An Interesting Week before the IAD

By immlawyer

I was before the Immigration Appeal Division on two separate matters involving appeals by permanent residents.

The first involved an appeal against a removal order by a permanent resident who was inadmissibile on the basis of serious criminality. Having arrived in Canada from the UK when he was three, my client amassed a number of convictions.

Interestingly, the appeal was postponed when the issue of my whether my client had an ability to apply for and receive Canadian citizenship. Due to changes to Canada's citizenship laws this year, the client may be entitled to retroactive citizenship as he is a first generation Canadian born abroad - his mother was born in Canada, and while my client was born outside Canada, he may be entitled to citizenship.

The second appeal involved my client who had sponsored her parents and her brothers almost 7 years ago. The sponsorship was refused because her father was determined to be medically inadmissible. That finding was appealed to the IAD, but tragically, before the hearing, the father passed away. Strangely, the Minister, instead of conceding that the remaining family members have a right for their applications to continue, opposed the appeal and a determination by the IAD member to send the matter back to the visa office for continued processing. The IAD reserved the decision, but I cannot imagine a contrary result for my clients.

Full post as published by Canadian Immigration Blawg on October 17, 2009 (boomark / email).