Useful Rehabilitation Decision

6th Feb 2012 Comments Off on Useful Rehabilitation Decision

Last updated on February 26th, 2021

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Jurisprudence

In Hadad v. Canada (The Minister of Citizenship, Immigration, and Multiculturalism), 2011 FC 1503 the Court affirmed several important principles of rehabilitation applications, including that:

  • The Minister should take into consideration the unique facts of each particular case and consider whether the overall situation warrants a finding that the individual has been rehabilitated.
  • That rehabilitation is forward looking.
  • That an officer commits a reviewable error if he/she attributes too much importance to the fact that an applicant has past criminal activity as opposed to the likelihood that the applicant would be involved in future or unlawful activity.

Finally, it should be noted that pursuant to the Federal Court decision in Veizaj v. Canada (Citizenship and Immigration), an officer does not have to consider whether an applicant is rehabilitated if the applicant does not ask for rehabilitation and pay the required fees.

 

 

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