Reference no: EM132800941

Please read the following case study and answer the following questions. 

 

Alejandro comes into your office for a consultation. He explains to you that he immigrated to Canada with his mother when he was 6 years old. At age 26, he was charged with an indictable offence that carries with it a 3-year maximum penalty. Although Alejandro received only a 6-month sentence, the minister's delegate issued him with a removal order based on his criminal inadmissibility.

 

Alejandro tells you that this was his first offence and he is deeply sorry for it. He has lived in Canada almost his entire life and has nothing to return to in his native Chile.

 

Furthermore, Alejandro's mother has a progressing disease of muscular dystrophy and is unable to work. She relies on Alejandro for financial and emotional support because he is her only child. Alejandro is desperately seeking to stay in Canada.

 

1. If you were representing Alejandro in this matter, what would be the first step that you would take to prevent his removal from Canada?
2. Are there any deadlines that must be complied with? Please refer to the appropriate IAD Rule to support your answer.
3. In Alejandro's case, who is responsible for preparing the "record"; what documents would be included in his record and when is it due?
4. During this legal process, Alejandro informs you (his legal representative) that he has moved his residence from Toronto to Ottawa. As a result, he would like his case to be handled by the IRB office in Ottawa. Can you accommodate Alejandro's request of changing the location of his proceeding to the IRB in Ottawa? Please explain.
5. In your opinion, what would be the IRB's decision? Explain your position.
6. Please describe the removal order appeal process.