Misrepresentation Cases at the Immigration Appeal Division

16th Dec 2018 Comments Off on Misrepresentation Cases at the Immigration Appeal Division

Last updated on February 11th, 2021

A permanent resident can lose their permanent resident status and be banned from Canada if they commit misrepresentation.  However, they have a right of appeal to the Immigration Appeal Division (the “IAD“).  At the IAD, the permanent resident can argue that the determination that they committed misrepresentation was based on a factual error or mistake in law.  They can also argue that there are sufficient humanitarian & compassionate (“H&C“) to warrant relief.

The Test

In Wang v. Canada, the Federal Court of Canada set out the following factors (generally known as the “Wang” or the “modified Chieu” factors) to be the appropriate considerations in determining whether there are sufficient H&C considerations to justify not cancelling someone’s permanent resident status and banning them from Canada for five years:

  • the seriousness of the misrepresentation leading to the removal order and the circumstances surrounding it;
  • the remorsefulness of the permanent residence;
  • the length of time spent in Canada and the degree to which the permanent resident is established in Canada;
  • the permanent resident’s family in Canada and the impact on the family that removal would cause;
  • the best interests of a child directly affected by the decision;
  • the support available to the permanent resident in the family and the community; and
  • the degree of hardship that would be caused by the permanent resident by removal from Canada, including the conditions in the likely country of removal.

Chieu was a Supreme Court of Canada decision in which the Supreme Court had to answer the question of whether the Appeal Division of the Immigration and Refugee Board,

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Staying Removal at the IAD

22nd Feb 2011 Comments Off on Staying Removal at the IAD

People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.

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