I'm a Permanent Resident and Have Been Charged with a Criminal Offence: Difference between revisions
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I'm a Permanent Resident and Have Been Charged with a Criminal Offence (view source)
Revision as of 23:03, 22 November 2011
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If you plead guilty or are convicted at trial, immigration officials can prepare a report and refer your case to the Immigration Division of the Immigration and Refugee Board for an '''admissibility hearing'''. | If you plead guilty or are convicted at trial, immigration officials can prepare a report and refer your case to the Immigration Division of the Immigration and Refugee Board for an '''admissibility hearing'''. | ||
The Immigration Division does not look to the facts of the case or any mitigating factors. The Immigration Division's role is to determine whether the crime you have been convicted of is "serious" according to the definition above. | The Immigration Division does not look to the facts of the case or any mitigating factors. The Immigration Division's role is to determine whether the crime you have been convicted of is "serious" according to the definition above. | ||
If the admissibility hearing results in a removal order, you can appeal the order to the Immigration Appeal Division. However, if your sentence is for more than two years, you lose your right to appeal to the Immigration Appeal Division. | If the admissibility hearing results in a removal order, you can appeal the order to the Immigration Appeal Division. However, if your sentence is for more than two years, you lose your right to appeal to the Immigration Appeal Division. | ||
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If you appeal, the Immigration Appeal Division decides whether a removal order can be set aside on humanitarian and compassionate grounds. The Immigration Appeal Division considers many factors, including the facts surrounding of the criminal offence, the sentence you received, the amount of time you have lived in Canada, the effect your removal will have on you and close family members, your connections to Canada, and any evidence of rehabilitation. | If you appeal, the Immigration Appeal Division decides whether a removal order can be set aside on humanitarian and compassionate grounds. The Immigration Appeal Division considers many factors, including the facts surrounding of the criminal offence, the sentence you received, the amount of time you have lived in Canada, the effect your removal will have on you and close family members, your connections to Canada, and any evidence of rehabilitation. | ||
If you are successful on your appeal, your removal order may be cancelled or stayed for a certain number of years. A stay of removal allows you to remain in Canada as long as you do not breach the conditions of the stay. | If you are successful on your appeal, your removal order may be cancelled or stayed for a certain number of years. A stay of removal allows you to remain in Canada as long as you do not breach the conditions of the stay. | ||
==Where to get help== | ==Where to get help== | ||
