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Immigration Law

Overturning a Removal Order

May 20, 2022 by Marvin Geekie

On April 22, 2022, the Immigration Appeal Division (IAD) ruled that a BC man’s removal order would be stayed for three years for humanitarian and compassionate grounds.

The BC man had been a Permanent Resident (PR) of Canada since 2004 after his immediate family immigrated to Canada from Germany when he was a minor. Over the years, he became quite established in Canada. He worked for his family’s business, started his own family, and was active within his community. In August 2020, the BC man faced three convictions and was issued a deportation order from Immigration, Refugee, and Citizenship Canada.

Associate Counsel Marvin Geekie at FH&P Lawyers LLP represented the BC man and appealed the deportation order to the IAD. The IAD considers the following factors when making a decision based on humanitarian and compassionate grounds:

  1. The seriousness of the offence or offences leading to the removal order;
  2. The possibility of rehabilitation or the circumstances surrounding the failure to meet the conditions of admission;
  3. The length of time spent, and the degree to which the appellant is established in Canada;
  4. The family in Canada and the dislocation to the family the removal would cause;
  5. The family and community support available to the appellant; and
  6. The degree of hardship that would be caused to the appellant by the appellant’s return to his or her country of nationality.

The IAD held that these factors tipped in the BC man’s favour to stay in Canada. Not only was it in the best interest of his children and spouse for him to remain in Canada, but he also had numerous letters of support from his family, friends, and members of his community. The IAD also put significant weight on the rehabilitation he completed following his convictions. The IAD focused, not on the rehabilitation institution itself, but on his self-journey and the improvements and successes he had demonstrated.

The BC man is allowed to stay in Canada for the next three years while following certain conditions. Afterward, his stay will be reconsidered by the IAD.

The evidence brought forward to the appeal was prepared by Marvin Geekie and his team at FH&P Lawyers LLP. If you or someone you know has been issued a removal order, please contact us at imm@fhplawyers.com to help with your appeal process.