Immigration Matters

Sukhram Ramkissoon

Longtime permanent resident runs risk of  deportation

I have often advised persons who are permanent residents of Canada that they should apply for Canadian  citizenship as soon  as they are eligible. But for many longtime residents of Canada, this piece of advice seems to go into one ear and out the other. Often it’s only when  some of them run into problems with the law  that they realize that they should have obtained their citizenship.

Just this past week, I received a letter from a person, a longtime resident of Canada,( he did not state his name nor  his country of birth), who sought my advice after running afoul of the law and now faces deportation.

Here is his letter, followed by my response:

Dear Mr. Ram,

I came to Canada with my parents when I was just three years old and have been living in Canada for over 40 years as a permanent resident. I have a wife and three children who are Canadian citizens but I have never applied for Canadian citizenship.

A few years ago. I was convicted of sexual assault and sentenced to eight months imprisonment. The Canadian Border Service Agency (CBSA) has recently written to inform me of an “admissibility hearing” coming up soon. I have contacted a few immigration lawyers but I just cannot afford to hire any of them to represent me at the hearing. Their fees are too high. I would like some advice with respect to my options. Please publish your answer to my concerns in your column.

You may call me Concerned.

Dear Concerned,

First of all, why after  so many years in Canada, did you not apply for Canadian citizenship?  It ‘s a  relatively simple process?

Without knowing all the relevant information about your particular circumstances, I am unable to address matters such as humanitarian and compassionate (H&C) relief.  It will be helpful if you can  provide the person  who will be representing you at your hearing with information about your educational background, employment history for the past 15 years, your family ties in Canada and their status, the ages of all your children and if they are attending school, their grades, any health issues and their progress in school.

Is this your only conviction?  If not, list of all the convictions with a brief explanation as to the circumstances under which the offences were committed.  Your income earnings and tax returns for the past five years are also important in order to address H&C factors.  Do you have any assets?   Any debts, including court and traffic fines?

With respect to your conviction and imprisonment, an immigration officer has to write a report under the Immigration Refugee Protection Act stating that, based  on your conviction, in  his or her opinion, you are inadmissible on grounds of serious criminality, having been convicted of an offence in Canada punishable by a maximum term of imprisonment of at least 10 years or in respect of which a term of imprisonment of more than six months has been imposed.

This report is then forwarded by the (Immigration) Minister’s delegate to the Immigration Division for  an admissibility hearing. At this hearing, the Immigration Division has no discretionary powers but if the member is satisfied that you are the person in the report and you acknowledge that you are not a citizen and have been convicted, an automatic deportation order will be issued to you without any right of appeal to the Immigration Appeal Division

However, you can request a deferral of the admissibility hearing, if you are seeking H&C consideration from CBSA.  You must seek assistance as soon  as possible. If you do not have the fees to hire a lawyer, you may contact Legal Aid  which may be able to assist you.

If you believe that there compelling factors for seeking humanitarian relief, you can argue that the deportation order will not be in the best interest of your children.   Of course, this has to be done before your admissibility hearing.

You have stated that you consulted a few lawyers. Perhaps you can negotiate and discuss their fees at this stage as no hearing has yet been scheduled.  Or perhaps you can discuss fees for deferring  the hearing pending submissions on H&C grounds.

You may also seek H&C consideration after a removal order is made but from my experience this is not an easy process.

I hope this information is helpful. Please note, however, that the advice in this column should not be interpreted as legal advice. Readers are strongly advised to seek independent legal counsel.

SUKHRAM RAMKISSOON is a member of ICCRC and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756