Arrest. Devastated.

[Leodensian]

Hi all,

Guess I'm looking for some glimmer of hope here.

I've been in Canada on a temporary working holiday visa for nearly two years (English). I have a 1 year old Canadian child born here, a well paying job (over 100k) and I have just completed all the necessary requirements for my PR (medical etc).

I was literally about to submit my final application this week when disaster struck last weekend and I was arrested for Assault. I obviously won't go into too much detail but the guy was drunk and threatening a female and turned on me. Unfortunately he's the 'victim' and I am in court in May.

I've obviously thrown all my savings at a lawyer and I'm praying to God this will be withdrawn.

Does anyone have any similar stories/advice that might make me feel a little better or give a glimmer of hope this wont result in me losing everything? I can't eat/sleep i'M A COMPLETE WRECK.

Thanks all.

 

[k.h.p.]

As you already know, conviction of assault makes you criminally inadmissible.

One ray of hope: you've hired a lawyer. With luck, you won't be convicted.

Additional ray of hope: there have been many IAD appeals in spousal sponsorships where H&C grounds are approved as a reason to overturn a denial following criminal inadmissibility. You have a child, and provided that you have a large role in the child's life and leaving Canada would cause an undue hardship, you could theoretically benefit from this tendency in any appeal. Hopefully you do not need to appeal a sponsorship denial.

 

[Leodensian]

As you already know, conviction of assault makes you criminally inadmissible.

One ray of hope: you've hired a lawyer. With luck, you won't be convicted.

Additional ray of hope: there have been many IAD appeals in spousal sponsorships where H&C grounds are approved as a reason to overturn a denial following criminal inadmissibility. You have a child, and provided that you have a large role in the child's life and leaving Canada would cause an undue hardship, you could theoretically benefit from this tendency in any appeal. Hopefully you do not need to appeal a sponsorship denial.

Thanks for the reply. Some very stressful weeks ahead.

I'm not technically in a relationship with the mother but I have my son EACH fri-sun and also pay $650 support each month - like you say I pray it doesnt get that far but hopefully that is sufficient reason to allow me to stay on H&C grounds if the worse happens.

I'm never ever putting myself in a situation where i'm around drunk people here again. In UK this would be a ticking off, here i stand to lose everything. Not worth it

 

[k.h.p.]

Okay, I hadn't read that you were applying using CEC as the starting point to your PR application. That invalidates what I previously said.

In your case, I don't believe you'd be eligible for appeal to the IAD/IRB. Your appeal would go direct to the federal court as a judicial review. The cases that I read were primarily spousal sponsorship appeals, where the mother/father were in a relationship and appealing a denial of a spousal PR based on criminal inadmissibility.

I haven't reviewed Federal Court of Appeal judicial reviews on the matter. If your PR is denied, you would not be able to appeal to the IAD/IRB, based on my read of ss.62-68 of IRPA. Your only choice would be to request judicial review from the Federal Court. If it gets that far, only your lawyer would be able to advise probabilities of a judicial review succeeding. The test in a judicial review is whether or not the visa officer's decision was reasonable, not whether or not is was correct, and I don't believe that the Federal Court would regularly apply H&C grounds to a judicial review unless there was a palpable and overriding error in the visa officer's analysis.

But - I'm not a lawyer. You've hired one. They are the ones that should be advising you.

 

[Copingwithlife]

As well I do not know if it will work against the O/P, but he had already been arrested/convicted for battery/assault in his home country and had gone thru rehabilitation to get his WHV to get into Canada. That was not mentioned in the original posting
He is technically still on a IEC till June 2019

 

[k.h.p.]

So it's not his only charge? That will be part of the visa officer's decision making and would weigh against him. I wouldn't really see how a federal court judge would see two arrest/convictions on assault as being rare, one-off situations that should be overlooked to allow him to stay in Canada.

 

[Wolfpmd3]

First, stop praying, that is useless. Secondly, why? just why?

I am pretty sure if you got arrested and charged, the drunk guy might have ended pretty beaten up.

If you are convicted yes, there won't be any hopes for you at least not in the near future.

 

[Leodensian]

So it's not his only charge? That will be part of the visa officer's decision making and would weigh against him. I wouldn't really see how a federal court judge would see two arrest/convictions on assault as being rare, one-off situations that should be overlooked to allow him to stay in Canada.

Had a fine from when I was 19 in 2007 in Uk I had to get ‘rehabilitated’ for.

This guy was drunk and threatening a woman I prevented it escalating it further with them and he turned on me.

The idea of being separated from my boy making me sick.

 

[21Goose]

Had a fine from when I was 19 in 2007 in Uk I had to get ‘rehabilitated’ for.

This guy was drunk and threatening a woman I prevented it escalating it further with them and he turned on me.

The idea of being separated from my boy making me sick.

There's no point worrying about this now. You need to consult with your lawyer and prepare to defend the allegations. If you are acquitted of the charges your immigration status will not be affected.

If you are convicted, your lawyer will be the best person to provide you with options. This is not a simple case.

 

[k.h.p.]

Had a fine from when I was 19 in 2007 in Uk I had to get ‘rehabilitated’ for.

This guy was drunk and threatening a woman I prevented it escalating it further with them and he turned on me.

The idea of being separated from my boy making me sick.

Yes, you need to consult with your lawyer. Seems that you have two assault charges from protecting "females" in the face of drunk men.

 

[rob-immigrationstory]

Had a fine from when I was 19 in 2007 in Uk I had to get ‘rehabilitated’ for.

This guy was drunk and threatening a woman I prevented it escalating it further with them and he turned on me.

The idea of being separated from my boy making me sick.

Out of curiosity on either of your cases. What caused you to think the woman was being threatened and at what point did you feel you need to intervene? Also how come no one was able to corroborate your story?

 

[Leodensian]

Out of curiosity on either of your cases. What caused you to think the woman was being threatened and at what point did you feel you need to intervene? Also how come no one was able to corroborate your story?

The female has corroborated

 

[Leodensian]

Yes, you need to consult with your lawyer. Seems that you have two assault charges from protecting "females" in the face of drunk men.

Ye, “females”

 

[rob-immigrationstory]

The female has corroborated

Then deal with your court case, aim to get exonerated and move forward. Best of luck if the truth is what you say

 

[k.h.p.]

Ye, “females”

Why do you insist on this term? It's the kind of thing that men who should "beta!" at other men and wear MAGA hats use.