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.
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.
