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January 31, 2018

IAD Determines it has Jurisdiction over ARC refusals

Posted by - Bellissimo Law Group PC

A mother applied to sponsor her son to Canada, while the son was in Canada as a failed refugee. In order to complete processing on the overseas sponsorship application, the son had to leave Canada. As a failed refugee, he left Canada with a Deportation Order and so required Authorisation to Return to Canada (ARC). The Visa Office refused ARC, finding that he had taken advantage of Canadian tax payers by making a ‘spurious’ refugee claim and later a Pre-Removal Risk Assessment application, and so refused his application for permanent residence.

The mother appealed this decision to the Immigration Appeal Division (IAD). During the hearing, submissions were specifically requested to address the jurisdiction of the IAD to consider ARC refusal. The Board Member determined that the IAD not only has jurisdiction to consider ARC refusal, but to consider humanitarian and compassionate considerations to override ARC refusal. In considering the family’s circumstances, the Board Member allowed the appeal.