Deportation & refusal

[chukie]

Hi

I am asking on behalf of a friend whose family member has been deemed inadmissible to Canada for misrepresentation on his criminality.

He did not disclose criminality abroad but now appealing saying he is rehabilitated after 10years but the court says the criminality is not "cleared"u over 10years!
Also she wants to know:

1). after his PR expires will he still be able to appeal (he is not a citizen)

2) what is the success rate for criminal rehabilitation to federal court and misrepresentation appeal & how long will the process take?

3) under deportation & refusal order is it possible to apply for ARC or he won't be able to return after a 5years ban?

 

[scylla]

Hi

I am asking on behalf of a friend whose family member has been deemed inadmissible to Canada for misrepresentation on his criminality.

He did not disclose criminality abroad but now appealing saying he is rehabilitated after 10years but the court says the criminality is not "cleared"u over 10years!
Also she wants to know:

1). after his PR expires will he still be able to appeal (he is not a citizen)

2) what is the success rate for criminal rehabilitation to federal court and misrepresentation appeal & how long will the process take?

3) under deportation & refusal order is it possible to apply for ARC or he won't be able to return after a 5years ban?

This is too complex a case for a public forum. He needs to be working with an excellent immigration lawyer.

 

[21Goose]

Hi

I am asking on behalf of a friend whose family member has been deemed inadmissible to Canada for misrepresentation on his criminality.

He did not disclose criminality abroad but now appealing saying he is rehabilitated after 10years but the court says the criminality is not "cleared"u over 10years!
Also she wants to know:

1). after his PR expires will he still be able to appeal (he is not a citizen)

2) what is the success rate for criminal rehabilitation to federal court and misrepresentation appeal & how long will the process take?

3) under deportation & refusal order is it possible to apply for ARC or he won't be able to return after a 5years ban?

I agree with @scylla - talk to a lawyer.

However, for #3 - Yes, it is possible to apply for an ARC once you've been deported. You may not get it, but you can certainly apply.

 

[Buletruck]

If he had a PR and was found inadmissible and deported, I would suspect that the PR status would have been revoked as well. It would have been obtained through misrepresentation.

 

[jddd]

1. An appeal only works if the ban or refusal was incorrect. In this case, not disclosing criminality is misrepresentation. Since the person misrepresented, where is the error in law? Being eligible for rehabilitation does NOT cure the fact that the criminality was not disclosed.

2. Not sure anyone can answer this but I am confident an appeal will fail, again due to number 1.

Someone already answered 3. Agree with hiring an excellent lawyer.