A Recent Case of H&C Appeal of a Misrepresentation Case that was Allowed

[meyakanor]

http://archive.is/giqK2

It's a very interesting case because the appeal in the end was allowed, despite several factors which I believe should count negatively against the appellant.

The applicant was not able to satisfy the residency obligation, and submitted fake proof of residency, but in the end, the judge took the position that it would be in the best interest of his permanent resident child and wife that he remains a permanent resident.

He admitted to misrepresent the number of days he was in Canada, he did not have other relatives in Canada, and being removed to China won't result in significant hardship to him but the member opined that the reason he was away from Canada for far too long was valid (father got prostate cancer, father-in-law passing away, etc).

All goes to show that members are also humans, and that they would take the totality of circumstances, even though on surface, this looks like a slam dunk case of misrepresentation that we would normally think would end up in him being ordered deported.

 

[Alurra71]

I just read this case. It would appear because the defendant returned to Canada long before all of the 'legal' stuff started that he was able to establish his life here therefore warranting a more compassionate view for his previous transgressions. I believe that if he would've remained in China and tried to fight from there he would've failed and been stripped of his PR and banned for 5 years.

It does show that the judges and counsels hearing these cases are also human and take many things into consideration other than just the facts. That is one of many things that makes this a wonderful country to live in.

The downside to this human compassion is that many people (excluding the gentlemen in this case) take full advantage of this system to play it for their own gain.

 

[devnill]

This is only the IAD, I believe it's open to the Minister to appeal that decision. I hope they do.