Canada Immigration Caselaw, Chaar v. Canada, IMMIGRATION — Inadmissible and removable classes — Loss of permanent resident status

Editorial Canada Immigration, Caselaws

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IMMIGRATION — Inadmissible and removable classes — Loss of permanent resident status — Mother became permanent resident of Canada in 2006 — After two months, she returned to Lebanon with her children to settle her affairs there — Family returned to Canada in 2009 but mother and daughter returned to Lebanon after only ten days in Canada — Mother and daughter returned to Canada in 2011 for few weeks — When she returned to Lebanon, mother married man she described as abusive and fled to Canada to escape him in 2013 — Daughter returned to Canada in 2012 — Mother and daughter were ordered out of Canada for failing to meet residency requirements for permanent residents — Mother and daughter appealed order to Immigration Appeal Division (IAD) on humanitarian and compassionate grounds — IAD ruled against mother and daughter — Mother and daughter brought application for judicial review of decision of IAD — Application dismissed — IAD’s analysis of evidence was adequate and its conclusion was not unreasonable — IAD was clearly aware of daughter’s husband, as he was mentioned twice in its reasons — Daughter’s husband was not mentioned specifically in IAD’s discussion of hardship to family members in Canada, however there was no evidence before IAD of any particular hardship separation might have caused — Mother and daughter filed little information about circumstances in Lebanon and their evidence was general and outdated — Evidence about mother’s estranged husband did not identify serious risk

Chaar v. Canada (Minister of Citizenship, Immigration & Multiculturalism) (May 6, 2016, James W. O’Reilly J., Federal Court) 266 A.C.W.S. (3d) 712