Serious criminality while in Canada

[Hyru]

Scenario:

Individual is in Canada and commits a crime, which falls under serious criminality, and has a sentence thats more than 6 months.
In such a scenario, what happens?

Am I correct in assuming they are deemed inadmissible, fill out some forms, and then an officer decides whether or not they can stay? If the punishment is more than 6 months, it doesnt look like they can appeal to the IAD, but can they appeal the decision to Federal Court?

Is there an initial hearing, or does the officer decide on their own whether or not the person should be deported?

Thanks

 

[txboyscout]

Scenario:

Individual is in Canada and commits a crime, which falls under serious criminality, and has a sentence thats more than 6 months.
In such a scenario, what happens?

Am I correct in assuming they are deemed inadmissible, fill out some forms, and then an officer decides whether or not they can stay? If the punishment is more than 6 months, it doesnt look like they can appeal to the IAD, but can they appeal the decision to Federal Court?

Is there an initial hearing, or does the officer decide on their own whether or not the person should be deported?

Thanks

I dont know about that but hope they realize that they WILL have to serve the sentence before being deported---deportation will not serve as a get out of jail free card

 

[Hyru]

Yes, they are serving their sentence right now

 

[scylla]

What is this individual's status in Canada now? Are they here on some type of temporary permit? Do they have PR status?

 

[Hyru]

What is this individual's status in Canada now? Are they here on some type of temporary permit? Do they have PR status?

Hey scylla,

PR status currently.
She committed a crime which is goes under serious criminality, and received a sentence which totals more than 6 months (the old rules seem to be 2 years for an appeal to the IAD).
While she's in jail, an immigration officer visited her and gave her some forms to fill out. They ask about the circumstances of the crime, how she can improve herself as a person, who her family is, etc.

I'm trying to figure out what the next steps are... does the immigration officer just determine whether or not she can stay? And if not, does she get a hearing in front of the Board, or not?

 

[PMM]

Hi

Hey scylla,

PR status currently.
She committed a crime which is goes under serious criminality, and received a sentence which totals more than 6 months (the old rules seem to be 2 years for an appeal to the IAD).
While she's in jail, an immigration officer visited her and gave her some forms to fill out. They ask about the circumstances of the crime, how she can improve herself as a person, who her family is, etc.

I'm trying to figure out what the next steps are... does the immigration officer just determine whether or not she can stay? And if not, does she get a hearing in front of the Board, or not?

1. If the ID determines that there are no Humanitarian or Compassionate grounds, then the ID will probably issue a deportation order. If a deportation order is issued, then there is no appeal.

 

[Hyru]

Thanks PMM.

When you say the ID determines... does that mean there will be a hearing, or does an officer decide on their own?