Canada Immigration Case law Lewis v Canada, IMMIGRATION — Exclusion and expulsion — Removal orders

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Judgement of this Case: Click Here!
IMMIGRATION — Exclusion and expulsion — Removal orders — Applicant was Guyanese national who came to Canada in 1966 and had lived in Canada as permanent resident for almost his entire life — Applicant had criminal record with four assault convictions — Last conviction in 2003 resulted in admissibility hearing where he was granted one-year stay — Applicant’s housing became unstable after he obtained stay and he became homeless and he failed to update his address with Immigration Appeal Division — In 2007 applicant became aware that there was immigration warrant for his arrest — Applicant was arrested but was released on bond — Applicant had young daughter, who was registered Native Indian, and he was granted sole custody of her in 2011 — Removal order was issued — Applicant applied for permanent residence on humanitarian and compassionate grounds and requested deferral of removal — Officer refused request for deferral of removal and found it was beyond her authority to perform adjunct humanitarian and compassionate evaluation — Applicant applied for judicial review — Application dismissed — Standard of review was reasonableness — There was no legal basis for submission that child’s rights under s. 7 of Canadian Charter of Rights and Freedoms would be engaged or breached by applicant’s removal — Charter submission was premature, as alternate remedies were not exhausted — Child’s Charter rights were not engaged by applicant being from removed from Canada — Child was Canadian citizen and was entitled to leave and re-enter Canada — Child lacked standing to raise s. 7 interests on behalf of applicant, as she was not being extradited or removed from her heritage, except by choice and actions of applicant — Rights protected by s. 7 did not include right of parents and children not to be separated by state action — Deportation of parents of Canadian-born Aboriginal children did not violate s. 7 rights of either parents or children — Officer was sensitive to best interests of child and reasonably considered child’s short-term interests — Officer’s decision was reasonable.

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