CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Inadmissible Persons
Judicial review of immigration officer’s decision refusing application for permanent residence on humanitarian and compassionate (H&C) grounds on basis applicant inadmissible pursuant to Immigration and Refugee Protection Act (IRPA), s. 36(2)(b)—Applicant, failed refugee claimant, failing to disclose in H&C application conviction for theft of property in U.S.—Officer determining U.S. conviction equivalent to conviction for theft under Canadian Criminal Code, and as such, applicant inadmissible as person described in IRPA, s. 36(2)(b)—Pursuant to IRPA, s. 36(3)(c), offence described in s. 36(2)(b) not constituting inadmissibility if individual satisfying Minister of rehabilitation—S. 36(3)(c) allowing Minister to take into consideration unique facts of each particular case and consider whether overall situation warranting finding of rehabilitation—Here, no indication submissions made by applicant’s counsel in letter re: rehabilitation taken into consideration by officer—If counsel’s letter not application for rehabilitation, applicant entitled to make application now as no prescribed time period in which application must be made—Application allowed— Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(2)(b)—Criminal Code, R.S.C., 1985, c. C‑46.
Aviles v. Canada (Minister of Citizenship and Immigration) (IMM‑1036‑05, 2005 FC 1369, Rouleau J., order dated 7/11/05, 10 pp.)