Misrepresentations and H&C

25th Jan 2018 Comments Off on Misrepresentations and H&C

Last updated on April 14th, 2019

Last Updated on April 14, 2019 by Steven Meurrens

Several large scale immigration frauds in recent years have resulted in thousands of permanent residents facing removal of Canada for misrepresentation.  Many are filing appeals based on humanitarian & compassionate considerations.

In assessing such appeals, both the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada and the Immigration Appeal Division face the task of weighing an individual’s previous misconduct against the compassionate mitigating factors which may exist.

To quote Justice Russel in Yu v. Canada, the decision in Dowers v Canada (Minister of Immigration, Refugees and Citizenship, 2017 FC 593 at paragraphs 2 to 6, stresses the point that concern about the past must be separated from concern about the future:

A situation such as the Applicant’s, where a person comes to Canada and stays without adhering to the immigration laws, but, nevertheless, succeeds to be a positive, productive, and valuable member of society must be given careful attention. Section 25 has no purpose if that person is easily condemned for her or his immigration history. The history must be viewed as a fact which is to be taken into consideration, but within a serious holistic and empathetic exploration of the totality of the evidence, to discover whether good reason exists to be compassionate and humanitarian. The discovery requires full engagement:

Applying compassion requires an empathetic approach. This approach is achieved by a decision-maker stepping into the shoes of an applicant and asking the question: how would I feel if I were her or him? In coming to the answer, the decision-maker’s heart, as well as analytical mind, must be engaged (Tigist Damte v Canada (Citizenship and Immigration),

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