Exceptional Second Chance for an Immigration Offence on Humanitarian and Compassionate Grounds
For many immigrants to Canada, a mistake made years earlier can threaten everything they have built: their family, career, children, and future. Henderson & Lee Law Corporation has represented numerous clients who recognized that they had made a mistake and asked for a second chance.
Here, we present one case to illustrate what might be an exceptional circumstance that could justify granting such a second chance in an appeal on humanitarian and compassionate grounds.
In this case, the appellant originally committed misrepresentation by entering into a marriage that was not genuine for the purpose of immigrating to Canada. This is a serious immigration offence that often leads to the stripping away of any status gained — including potentially citizenship — and deportation. The initial immigration order was to this effect.
The immigration tribunal confirmed that the exclusion order was legally valid because of the misrepresentation. The decision emphasized that immigration misrepresentation is a serious matter and that maintaining the integrity of Canada's immigration system is critically important.
Evidence Supporting the Appeal
Mr. Chen Shen, one of the two counsel representing the appellant, helped to put forward the appellant's plea. The appellant was able to demonstrate real understanding and remorse for the wrongdoing and had admitted it at the first immigration hearing. The appellant provided strong evidence demonstrating an established and genuine family in Vancouver, Canadian-born children, contributions to the local economy through the operation of successful businesses, and property ownership.
The Ribic Factors
The appellant was seeking extraordinary discretionary relief that the immigration tribunal can grant by balancing several factors commonly known as the “Ribic factors”, which include:
Seriousness of the wrongdoing;
Demonstrated remorse and likelihood of repeated wrongdoing;
Length of time and degree of establishment in Canada;
Impact of removal on any family in Canada, such as the best interests of any minor children;
Family and community support available; and
Any hardship caused by removal, including in the destination country.
The Outcome and Why It Matters
After weighing all factors, the Immigration Appeal Division allowed the appeal and set aside the removal order. The tribunal confirmed that the original misrepresentation was a very serious offence, but after balancing all of the factors, including giving significant weight to the best interests of the young children who would be directly affected by the decision, it was overall appropriate to grant special relief and allow the appellant to retain status in Canada.
This case demonstrates that under some circumstances, even where the government establishes legal inadmissibility, humanitarian and compassionate relief may still be available. The best interests of children can play an important role. Credibility, remorse, community establishment, and family circumstances also matter deeply. This case also reinforces that although special relief can be available, immigration offences must not be taken lightly. It takes especially convincing circumstances to be granted such discretion. Successful appeals require careful preparation, strategic advocacy, and critically, compelling evidence.
How We Can Help
At Henderson & Lee Law Corporation, we approach immigration cases with attention to detail, careful preparation, and strategic advocacy before tribunals. Immigration disputes can be especially disruptive to our clients' lives. We help clients prepare and plan for all eventualities with grounded and realistic advice based on our understanding of each case.
Whether facing removal proceedings, immigration appeals, or complex litigation, experienced legal representation can make a critical difference.
This article is provided for general information only and does not constitute legal advice. Past results do not guarantee future outcomes.
