Hi,
Can someone help me out? My Daughter was brutally attacked and robbed by a permanent resident from Ireland who has been in Canada for 11 years. She has 2 convictions from 2 separate violent crimes, both charges apply to a max. sentence of 10 years (Assault causing bodily harm and Robbery). Her crimes led to a removal order for
serious criminality, which she appealed, and lost.
According to my research, I was under the impression that those with more than one criminal conviction, equivalent to a max. 10 year sentence, are ineligible to appeal removal orders. Since she has 2 such criminal convictions, how was she able to appeal in the first place? Is it because she has a child?
After her failed appeal from the IRB, she immediately applied to the Federal court for a stay and judicial review. I am guessing she was granted the stay by virtue of having a 2 hour hearing on August 14th-2014. I learned yesterday that the Judge has reserved his decision. As I await yet another decision, I attempted to research other similar cases to compare possible outcomes, with little to no success. What I did learn from my research is that this case is very uncommon since it involves a female who is a 2-time convicted violent offender. Other variables such as being a single parent to a Canadian born child, an Irish national, etc., also contributed to the difficulty in locating similar cases.
In your opinion, what do you think her chances are of actually being deported? I can only hope the federal judge rules to throw her case out, which would end the circus once and for all, but am I correct in thinking that even if the federal judge is able to come up with some obscure error in law, justifying a decision to grant her permission to have another IRB appeal hearing, it's highly unlikely the IRB will reverse their original decision to deport? Particularly in reference to a person with criminal convictions? I am assuming that the federal judge did not rule from the bench, because he is considering "the best interests of the child" Otherwise the law is very clear...2 convictions you're gone. The child's natural Father is Canadian, and "semi" involved in the child's life, but neither parent has any legal arrangements in place addressing child support and/or legal custody. (the 2 of them together couldn't figure out how to fight their way out of a paper bag) If she is actually deported back to Ireland, is she free to take the child out of Canada? Any help answering my questions would be deeply appreciated. Thank you very much
Can someone help me out? My Daughter was brutally attacked and robbed by a permanent resident from Ireland who has been in Canada for 11 years. She has 2 convictions from 2 separate violent crimes, both charges apply to a max. sentence of 10 years (Assault causing bodily harm and Robbery). Her crimes led to a removal order for
serious criminality, which she appealed, and lost.
According to my research, I was under the impression that those with more than one criminal conviction, equivalent to a max. 10 year sentence, are ineligible to appeal removal orders. Since she has 2 such criminal convictions, how was she able to appeal in the first place? Is it because she has a child?
After her failed appeal from the IRB, she immediately applied to the Federal court for a stay and judicial review. I am guessing she was granted the stay by virtue of having a 2 hour hearing on August 14th-2014. I learned yesterday that the Judge has reserved his decision. As I await yet another decision, I attempted to research other similar cases to compare possible outcomes, with little to no success. What I did learn from my research is that this case is very uncommon since it involves a female who is a 2-time convicted violent offender. Other variables such as being a single parent to a Canadian born child, an Irish national, etc., also contributed to the difficulty in locating similar cases.
In your opinion, what do you think her chances are of actually being deported? I can only hope the federal judge rules to throw her case out, which would end the circus once and for all, but am I correct in thinking that even if the federal judge is able to come up with some obscure error in law, justifying a decision to grant her permission to have another IRB appeal hearing, it's highly unlikely the IRB will reverse their original decision to deport? Particularly in reference to a person with criminal convictions? I am assuming that the federal judge did not rule from the bench, because he is considering "the best interests of the child" Otherwise the law is very clear...2 convictions you're gone. The child's natural Father is Canadian, and "semi" involved in the child's life, but neither parent has any legal arrangements in place addressing child support and/or legal custody. (the 2 of them together couldn't figure out how to fight their way out of a paper bag) If she is actually deported back to Ireland, is she free to take the child out of Canada? Any help answering my questions would be deeply appreciated. Thank you very much
