H&C help

[KenBa]

Hi. First-time poster and have a few questions regarding someone I know and is going through something difficult as of right now. There is a lawyer helping him, and I was briefed last night as to kind of what is happening. But since I cannot do much I wanted to know some information just for some clarification and peace of mind. I did a lot of reading on the internet last night to catch up on rules and guidelines. Here is a little bit of the story about him over the years up until today.

My friend is from Europe and arrived in Canada when he was 10 years old with his family. He became a PR then. For some reason, since living in Canada he never got his Citizenship. He married a Canadian I think it was 10 years ago and now have 3 kids together. His wife also has 3 kids from a previous marriage. My friend makes roughly 6 figures working long days and weeks in the construction industry. His wife and children rely on his income big time as she doesn't even work. Over the past 7-8 years, my friend has gotten into some trouble since his brother and sister died. Drinking and using drugs a lot, and has been diagnosed with severe depression. He is on a high dosage of medication to help him. 8 years ago he got charged with aggravated assault in Cancun, skipped out on bail (warrant for arrest went out). 4 years ago got charged with assault with a weapon, spent 30 days in jail and probation. 2 years ago got charged with possession of a controlled drug, didn't show up to court, got arrested and spent another 30 days in jail plus probation. He then stopped reporting to the probation officer, got a suspended sentence and more probation. Last year he was issued an s.44 report. Before he got this letter he was sent a letter asking him for submissions to defend himself pretty much, but like a dumb dumb, he didn't respond. He missed the hearing date and last month he was arrested.

Now, I would like to know a few things. He is being held by immigration. (brought in 2 days ago)

- On what grounds other than the one they sent the s.44 for (I believe it was section 36 of that IRPA document), can he be inadmissible?
- Is there a specific removal order they must issue him if they find him inadmissible for serious criminality?
- If found inadmissible to Canada and think he is unlikely to appear for any future immigration stuff, what do they have to support that? His past convictions? Or because he skipped out on bail in Cancun?
- If they think there is a ground for detention because they think he will not appear for future immigration stuff, what type of argument can he or the lawyer make to get his release, regardless of there reason for thinking he already won't appear. (Long shot I know, but I am curious)
- If he is found inadmissible for a serious crime, does he have any chance at any sort of appeal to the Immigration Division? Like H&C?
- If he appeals H&C, what can they consider for his appeal even?

 

[canuck_in_uk]

Hi. First-time poster and have a few questions regarding someone I know and is going through something difficult as of right now. There is a lawyer helping him, and I was briefed last night as to kind of what is happening. But since I cannot do much I wanted to know some information just for some clarification and peace of mind. I did a lot of reading on the internet last night to catch up on rules and guidelines. Here is a little bit of the story about him over the years up until today.

My friend is from Europe and arrived in Canada when he was 10 years old with his family. He became a PR then. For some reason, since living in Canada he never got his Citizenship. He married a Canadian I think it was 10 years ago and now have 3 kids together. His wife also has 3 kids from a previous marriage. My friend makes roughly 6 figures working long days and weeks in the construction industry. His wife and children rely on his income big time as she doesn't even work. Over the past 7-8 years, my friend has gotten into some trouble since his brother and sister died. Drinking and using drugs a lot, and has been diagnosed with severe depression. He is on a high dosage of medication to help him. 8 years ago he got charged with aggravated assault in Cancun, skipped out on bail (warrant for arrest went out). 4 years ago got charged with assault with a weapon, spent 30 days in jail and probation. 2 years ago got charged with possession of a controlled drug, didn't show up to court, got arrested and spent another 30 days in jail plus probation. He then stopped reporting to the probation officer, got a suspended sentence and more probation. Last year he was issued an s.44 report. Before he got this letter he was sent a letter asking him for submissions to defend himself pretty much, but like a dumb dumb, he didn't respond. He missed the hearing date and last month he was arrested.

Now, I would like to know a few things. He is being held by immigration. (brought in 2 days ago)

- On what grounds other than the one they sent the s.44 for (I believe it was section 36 of that IRPA document), can he be inadmissible?
- Is there a specific removal order they must issue him if they find him inadmissible for serious criminality?
- If found inadmissible to Canada and think he is unlikely to appear for any future immigration stuff, what do they have to support that? His past convictions? Or because he skipped out on bail in Cancun?
- If they think there is a ground for detention because they think he will not appear for future immigration stuff, what type of argument can he or the lawyer make to get his release, regardless of there reason for thinking he already won't appear. (Long shot I know, but I am curious)
- If he is found inadmissible for a serious crime, does he have any chance at any sort of appeal to the Immigration Division? Like H&C?
- If he appeals H&C, what can they consider for his appeal even?

Hi

Not sure what you are asking. They don't need any more grounds besides the serious criminality.

A Deportation Order.

If you are asking if they have grounds to detain him until deportation, of course they do: his entire history of fleeing charges in another country and skipping court/bail multiple times.

Pretty much none. As per his history, he is a huge flight risk and would almost certainly flee if let out.

He can try to appeal based on H&C but given the seriousness of his crimes, I doubt he would be successful.

He can try best interests of children, though I don't see how he is being a very good father to them as it is. He can try claiming based on having been here since a child but again, given the seriousness of his crimes, it is likely that protecting the public safety of Canada would overrule that.

 

[KenBa]

Thanks.

I know you said pretty much none to him being released as he is a huge flight risk. But what could be some arguments his representative could make to ask to get him released? He has children and a family and that they rely on his income? That he now sees a Psychologist and no longer drinks?

 

[vensak]

That is unlikely to happen. Dependency of his wife and children (smaller at that time) did not stop him from doing what he did, so I do not think he can persuade anybody that they will stop him now fleeing the justice now
What might be happening now is that his PR is reviewed and he will be most likely stripped of it (due to the criminal history).
If that happened he will be most likely inadmissible for a rather long time for any spousal sponsorship. (if ever he could be admissible again)
So he should count with that to happen.
He still has options:
1. To deal with his past properly (if he has to pay the fine or serve the jail time). Then restart in his country of citizenship.
2. Not sure if he will be able to get rehabilitation in the future (it all depends how his whole criminal history would add up). Bear in mind that a rehabilitation is must to get in again sponsored by his wife.
3. Since you did not mention that his wife has this kind of history, if she wants to live with him, she can follow him to his country.

Yes the outcome does not look ideal, but there are still options there.

 

[KenBa]

That is unlikely to happen. Dependency of his wife and children (smaller at that time) did not stop him from doing what he did, so I do not think he can persuade anybody that they will stop him now fleeing the justice now
What might be happening now is that his PR is reviewed and he will be most likely stripped of it (due to the criminal history).
If that happened he will be most likely inadmissible for a rather long time for any spousal sponsorship. (if ever he could be admissible again)
So he should count with that to happen.
He still has options:
1. To deal with his past properly (if he has to pay the fine or serve the jail time). Then restart in his country of citizenship.
2. Not sure if he will be able to get rehabilitation in the future (it all depends how his whole criminal history would add up). Bear in mind that a rehabilitation is must to get in again sponsored by his wife.
3. Since you did not mention that his wife has this kind of history, if she wants to live with him, she can follow him to his country.

Yes the outcome does not look ideal, but there are still options there.

Thanks for the response. He came over to Canada as a young kid with his family and got PR. His parents are now deceased. He was able to get citizenship a long time ago, but just never did. He married a Citizenship but was already a PR. Does any of what I said have any effect on this situation you think?

 

[vensak]

Thanks for the response. He came over to Canada as a young kid with his family and got PR. His parents are now deceased. He was able to get citizenship a long time ago, but just never did. He married a Citizenship but was already a PR. Does any of what I said have any effect on this situation you think?

1. he is not a minor anymore, he is adult. Parents do die (most of the time sooner than their children). So having deceased parents itself will not have any influence
2. To have strong ties with Canada might have helped if he would have any chance for H&C, however his criminal history will take priority (as was posted above).
3. Many people were able to do certain stuff in the past that they cannot do anymore (like to get full amount of points for age when they were younger). Ne never applied and never got it so for that matter he is a foreigner living in Canada and there are certain inadmissibility rules even if you are PR (RO is one but not the only rule there). That was his own short thinking not to get citizenship when he was younger (and Canada is now rather grateful for that decision).
4. Marrying a citizen would have helped to get back being sponsored. However he managed to get criminal history and with it he cannot be sponsored at the moment (other than that spousal sponsorship can overcome almost everything else).

If he is serious to straighten up, then he has to face the consequences first and then start bit by bit.
And if his wife is serious about their relationship, then they can work out a way for her to follow him until he will manage with his criminal history (again if counted together it will still be able to apply for rehabilitation).

Will it be easy, of course not, but it will be possible to live.

 

[canuck_in_uk]

Thanks.

I know you said pretty much none to him being released as he is a huge flight risk. But what could be some arguments his representative could make to ask to get him released? He has children and a family and that they rely on his income? That he now sees a Psychologist and no longer drinks?

They will look at his history and he has a history of fleeing.

 

[KenBa]

That is unlikely to happen. Dependency of his wife and children (smaller at that time) did not stop him from doing what he did, so I do not think he can persuade anybody that they will stop him now fleeing the justice now
What might be happening now is that his PR is reviewed and he will be most likely stripped of it (due to the criminal history).
If that happened he will be most likely inadmissible for a rather long time for any spousal sponsorship. (if ever he could be admissible again)
So he should count with that to happen.
He still has options:
1. To deal with his past properly (if he has to pay the fine or serve the jail time). Then restart in his country of citizenship.
2. Not sure if he will be able to get rehabilitation in the future (it all depends how his whole criminal history would add up). Bear in mind that a rehabilitation is must to get in again sponsored by his wife.
3. Since you did not mention that his wife has this kind of history, if she wants to live with him, she can follow him to his country.

Yes the outcome does not look ideal, but there are still options there.

Thanks.

This may sound dumb, but I am unfamiliar with Immigration. If he came over as a kid, got PR status with this parents and family, and they died, who would be his sponsor now then?

 

[scylla]

Thanks.

This may sound dumb, but I am unfamiliar with Immigration. If he came over as a kid, got PR status with this parents and family, and they died, who would be his sponsor now then?

If he is removed from Canada and his PR status is revoked, his sponsor would now be his wife.

 

[Bornlucky]

Thanks.

This may sound dumb, but I am unfamiliar with Immigration. If he came over as a kid, got PR status with this parents and family, and they died, who would be his sponsor now then?

Immigration is a vast field of technicalities and this person, as a permanent resident "may" have the right of appeal for the certain Deportation Order that is coming. You can check with the Immigration Appeal Division site but his Cancun episode may equate to a level of criminal act that precludes an appeal.

Detention "may" be avoided, outside of a stunning argument, by paying a bond perhaps - they have mechanisms for release where forfeiture is supposed to counter the likely to flee position of the CBSA.

This is a fairly common situation - PR as a child, didn't know that he wasn't a citizen, criminality and then this surprise of removal from Canada.
What is also a common result is that the person is removed, but these things take time and much depends upon whether he qualifies for an appeal. He has a lawyer (make certain that he practices IMMIGRATION law, please) and the IAD can consider its jurisdiction as the details of the Cancun incident can help determine the level of that criminal act. The CBSA will lean on this (IMO) to say that the IAD holds no jurisdiction.

It doesn't look good and they should weigh options that might exclude Canada all together. Best case would be qualifying for an appeal and he needs an honest assessment of his chances to even qualify in order to avoid spending a lot of money that they'll really need in order to get nowhere in particular with his status.