Undeclared child allowed into Canada

[canadianwoman]

Buan v Canada (Public Safety and Emergency Preparedness), 2015 CanLII 91132 (CA IRB), <http://canlii.ca/t/gn2m6>
Look at this case. A woman was sponsored by her father to come to Canada. She had a child, who was not declared. At the border, she confessed to having a child to the border guard, who did not allow her to land as a PR. She was reported, and CBSA recommended she be deported. All this is perfectly normal and what one would expect if someone did not declare a child.
But she won her case. The Immigration Appeal Board allowed her to stay in Canada, taking into consideration the best interests of the child. The child was later successfully sponsored.
This is almost unheard of. I have only seen one other case where an undeclared child was allowed to be sponsored. In both that case, and this one, one consideration was the degree of involvement in the community in Canada.

 

[Rob_TO]

Very interesting stuff. Here is the direct link: https://www.canlii.org/en/ca/irb/doc/2015/2015canlii91132/2015canlii91132.html

Was extensive involvement and integration into her community for 2 years in her case and some complex family issues involved. Also seems to be indication on some procedural error by CBSA (The report regarding the misrepresentation was prepared within months of the Appellant`s arrival in Canada but was not heard at the ID until 2 years afterwards. The Appellant was not advised of the option to return to the Philippines during that time and resided without status in Canada until the ID hearing in June 2013.)

While it's great that there are some cases where they show leeway here, it should also be noted that such successful appeals to date are incredibly rare (probably less than 1% success rate). It requires not just extenuating circumstances but also getting a very lenient and understanding appeals judge.

 

[Sous02]

I would say that this person was extremely lucky. I would hate to see anyone else think they could also follow this path.

 

[Kimmy23]

I

Buan v Canada (Public Safety and Emergency Preparedness), 2015 CanLII 91132 (CA IRB), <http://canlii.ca/t/gn2m6>
Look at this case. A woman was sponsored by her father to come to Canada. She had a child, who was not declared. At the border, she confessed to having a child to the border guard, who did not allow her to land as a PR. She was reported, and CBSA recommended she be deported. All this is perfectly normal and what one would expect if someone did not declare a child.
But she won her case. The Immigration Appeal Board allowed her to stay in Canada, taking into consideration the best interests of the child. The child was later successfully sponsored.
This is almost unheard of. I have only seen one other case where an undeclared child was allowed to be sponsored. In both that case, and this one, one consideration was the degree of involvement in the community in Canada.

We have the same problem,hope we are lucky like her

 

[BellaSnow]

I
We have the same problem,hope we are lucky like her

Hi what happen to your case? Did u sponsor your child?