ABC vs. The Minister of Public Safety and Emergency Preparedness
May 25, 2010
Case type: Appeal of Removal Order
Summary: The Applicant was ordered to be deported and was considered inadmissible to Canada due to convictions for sexual interference, impaired driving and failure to observe the provisions of probation orders. However, our team lawyer, Karen K. Anderson successfully argued against this order by persuading the Panel to consider the humanitarian and compassionate considerations of this case. Given that such incidents only occurred when the applicant was intoxicated and the applicant is known to be well educated and previously held good paying jobs and attended therapy regularly, the Immigration Appeal Division (IAD) stayed the deportation order with numerous conditions. For example, the applicant must attend counseling and treatment, not possess any weapons, report to the Greater Toronto Assessment Centre of Conduct and Behaviour, not be convicted of any other offence for which up to 10 years imprisonment can be imposed. The IAD will reconsider the case after 5 years. If Mr. ABC has complied with the conditions of STAY, the deportation order will be cancelled. If he has not complied the IAD may impose further conditions or cancel the STAY which renders the deportation order in effect.
Castillo vs. Minister of Public Safety and Emergency Preparedness, Immigration Appeal Division
October 2008
Case type: Appeal of Removal Order
Summary: While the legality of the removal order on the basis of criminality was not in dispute, our team lawyer, Karen Kwan-Anderson, successfully argued against this order by persuading the Panel to consider the humanitarian and compassionate considerations of this case, particularly the best interests of two children of tender years. Given the length of time that had passed since the original criminal offence, long-term residency in Canada, and strong prospects of rehabilitation, Mr. Castillo received a four-year stay of the removal order with conditions. Thereafter, his case will be reconsidered by the IAD. If he has not complied with all of the conditions by then, the IAD may add and/or change the conditions. If he has complied by all of the conditions, the IAD may allow the appeal and dismiss the removal order.
For complete details, go to the Canadian Legal Information Institute:
http://www.canlii.org/en/ca/irb/doc/2008/2008canlii77649/2008canlii77649.html
Patel vs. Minister of Citizenship and Immigration Canada
May 2007
Case type: Judicial Review of denied Permanent Residence application on grounds of inadmissibility
Summary: The applicant, Mr. Patel, was deemed inadmissible because of a criminal conviction in the State of New York. However, our team lawyer, Karen Kwan-Anderson, successfully argued that the designated immigration officer who denied the application failed to properly assess the equivalent conviction under Canadian Law, a point with which the assigned Judge agreed. As such, the application for judicial review was allowed and the matter sent to a different immigration officer for determination.
For complete details, visit the Canadian Legal Information Institute:
http://www.canlii.org/en/ca/fct/doc/2007/2007fc470/2007fc470.html
Hamilton vs. Minister of Citizenship and Immigration Canada
December 2008
Case type: Appeal of Sponsorship Denial
Summary: Mr. Hamilton had submitted an application to sponsor his wife, which was denied by a Visa Officer who determined that the relationship was not genuine and was entered into solely for the purpose of obtaining status or privilege in Canada. Using documentary evidence, including proof of continuous and ongoing communication between spouses, our team lawyer, Karen Kwan-Anderson, argued and proved that the relationship was genuine, entered into in good faith and with long term intent. The appeal was allowed, which set aside the visa officer's refusal, and the visa officer was ordered to continue processing the wife's application.
For complete details, visit the Canadian Legal Information Institute:
http://www.canlii.org/en/ca/irb/doc/2008/2008canlii77572/2008canlii77572.html
