Probably Crime charge (under investigation) losing PR status/deportation?

[Dhudson]

Hi everyone!

My buddy has been met this situation and he and I will be appreciated for yours answers:
Seven years ago he came to Canada from Eastern Europe like visitor and approx year ago he got his PR status in Canada.
Now he found that he is under some money fraud investigation in his old Country,
and looks like this took place there. I am not sure how serious this case but don't think there was huge fraud some kind of big mistake.
He didn't have any criminal charge/Investigation before , even he got Police Certificate from his old country a year or less ago ,no criminal records in Canada and all seven years he was stayed in Canada (now too) and never been in his home country after he left it.

Is any chance in if he will found as guilty he will be deported from Canada? Does PR status give him more protection by Canada and chance to fight ?

Thanks,
Regards,
D'Hudson.

P.S. I have posted twice , I am sorry wasn't sure about right topic/

 

[sunshinemrc]

According to the Immigration law, a permanent resident or foreign national is inadmissible to Canada for serious criminality if they are convicted in Canada of an offence punishable by a maximum term of imprisonment of at least 10 years or of an offence for which a term of imprisonment of more than 6 months was imposed. For example, assault with a weapon is a hybrid offence and if prosecuted as an indictable offence, is punishable by a maximum term of 10 years imprisonment. If for instance, while you are arguing with someone and you grab an object and throw it at that person, you could be inadmissible to Canada for serious criminality.

Permanent Residents

If you are criminally inadmissible to Canada because of serious criminality, Canada Immigration will arrange an interview for you to decide whether a report should be written to have you appear at a hearing. At this interview, all of the circumstances of your life, past and present will be examined. You have the right to bring a legal representative to the interview and any supporting documentation or evidence which you think will demonstrate why your permanent resident status should not be taken away. For example, the best interests of your dependent children in Canada will be affected, the offence was an isolated incident for which you feel great remorse and you would suffer great hardship if forced to return to your country of origin are all reasons that can be presented to Canada Immigration.

If after the interview, a decision is made to write the report, you will be asked to appear at an admissibility hearing. At that hearing, the Immigration adjudicator will decide if you have contravened the Immigration Act by being convicted of an offence seen as serious criminality. At the hearing, if indeed there is proof of conviction of such an offence, a removal order will be issued. The Adjudicator has no discretion to look at all of the circumstances of your case. After the removal order is issued, you have the right to appeal the removal order to the Immigration Appeal Division which has the power to hear evidence about all the circumstances of your case and why you should not be deported. However, if your sentence resulted in a jail term of 6 months or more, you lose your right to appeal to the Immigration Appeal Division.

 

[Ponga]

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

Start of page 9, Sec. 3.4.

Happy reading.

 

[Dhudson]

Thank You!

 

[Dhudson]

Just one more short addition question : is any way that his old country may ask Canada Government to start extradition or PR?

Thanks,
Regards ,
DHudson.

 

[Ponga]

No idea, but I suppose if Canada has an extradition treaty with his country and if it really is that serious...it's possible:
http://www.yourbestdefence.com/extradition-lawyer/#e5

Can Canada extradite a person to an extradition partner for any type of criminal offence?

Canada will only extradite a person if the offence in respect of which the extradition is requested is punishable by the extradition partner by imprisoning or otherwise depriving the person of their liberty for a term of with the potential sentence of two years or more and the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada, by imprisonment for a term with the potential of two years or more.

In this way, extradition law seeks to allow the surrender of an individual to criminal prosecution by another country for only the most serious crimes.

Where a person is being extradited to complete a sentence that is yet to be served, subject to a relevant extradition agreement, the extradition of a person who has been sentenced to imprisonment or another deprivation of liberty may only be granted if the portion of the term remaining is at least six months long or more remains to be carried out.

 

[Dhudson]

Yes , Canada has extradition treaty with his country.

I \m not sure exactly , but based on his words: there could be some fraud with money around 300K. I don't know how serious is it , But it is not I immigration question ....

One more think he got his PR status by H&C program, where CIC have found DISCRIMINATION against him in his old country. I don't sure if it help him is his situation will go to bad way with extradition or etc.

Thanks,
Warm Regards,
DHudson.

 

[sunshinemrc]

Yes , Canada has extradition treaty with his country.

I \m not sure exactly , but based on his words: there could be some fraud with money around 300K. I don't know how serious is it , But it is not I immigration question ....

One more think he got his PR status by H&C program, where CIC have found DISCRIMINATION against him in his old country. I don't sure if it help him is his situation will go to bad way with extradition or etc.

Thanks,
Warm Regards,
DHudson.

I don't think this will have any relevance. One would assume that he likely defrauded those who were discriminating him. But I digress.

 

[Dhudson]

Thanks You!
I am appreciated for answers and I suggested him to contact to lawyer.

I got from him a bit more detail may be it help you or any body else to put more notes on his case and help him:

1. His PR was got under H&C (discrimination against in his old country) year ago. For sure he got police certificate from his old country's embassy and CIC also did background check at that time.
2. He has VERY GOOD history here and looks like he is very good guy, he even hold Certificate of Honor from Government of Canada signed by Prime Minister of Canada.
3. In his old country he made mistake : he owned money 300k from different peoples (some of them its "bad guys") for his own business/idea/etc and lose everything , after he couldn't pay back then was starting threats to his life and his family, threatening to put him in jail, and so on. He did not go to police (extremely corrupted) and he decided to run out from there. Now police based on application from that people open criminal case "Fraud is a large scale".

P.s. He done very well for lots of people here include me and I would like to really do wherever I can for him.

Thanks,
Regards,
DHudson.

 

[Dhudson]

OK, Looks like no comments on this post any more....

I would like to say Big Thanks to everyone for help I will forward all yours answer to him and I hope it will help him!

Regards,
DHudson.