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Immigration Appeal: order stayed for compassionate reasons

Rogerson Law Group has won an important immigration appeal on behalf of a doctor from Saudi Arabia who was ordered to leave Canada for failing to meet the residency obligations under the Immigration and Refugee Protection Act (IRPA).  The board held that there were sufficient humanitarian and compassionate considerations to warrant ‘special relief’.

What’s the background to this Immigration case?

Our client appealed against the decision of an immigration officer that he had not met the required residency obligations under IRPA, by claiming that ‘special relief’ applied to his case.  Special relief means that an order can be set aside in certain circumstances. 

Our client had trained as a physician in Saudi Arabia and, over five years, had completed medical residencies at the Dalhousie University, Halifax, before returning home where he continued to work as a physician.   Along with his family, including four school aged children, he returned to Halifax as a permanent resident in 2007 and, after having obtained a licence to practice in Canada, secured employment in Ontario in 2012.

What was the court’s finding?

Even though the immigration officer’s ruling was legally correct (and not an issue for contention), the Immigration Appeal Division considered weighing all the circumstances of the case to determine if ‘special relief’ applied.  Factors that the board considered included:

  • The extent of non-compliance with the requirements
  • The reasons for departure and stay abroad
  • The degree of establishment in Canada
  • Family ties in Canada
  • Whether there were attempts to return to Canada at the first opportunity
  • Hardship and dislocation to family members in Canada if he was to be removed or refused admission
  • Hardship to our client and whether it is a unique situation 

Notably, the board found that the family is dependent on our client, both emotionally and financially; and he is well integrated into the community in which he serves.   His establishment in Canada was accepted by the board as a strong positive factor in granting relief.  Furthermore, the ‘dislocation’ for our client’s wife and family would have been great if our client had had to return to Saudi Arabia, and the board found that it was in the best interests of the minor children to grant special relief.

The removal order was therefore set aside.

How can we help?

If you have any concerns about your legal status, or that of a close relative, contact the specialist family and immigration appeal lawyers at Rogerson Law Group for expert, strategic advice.  We can advise you on your circumstances and how the law applies to you.

Rogerson Law Group provides immigration appeal services in the entire GTA including Toronto, Scarborough, Mississauga, Vaughan, Brampton, Richmond Hill, Etobicoke, and Barrie and surrounding areas with offices located in downtown Toronto, Barrie, and an associated office Ottawa.

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