Reference no: EM133582876
Case: Muhammad Ali has an outstanding application for permanent residence via the Provincial Nominee Program. Ali indicates that he has just been charged with domestic violence in India. He can't recall the exact provision he has been charged under and says his Indian lawyer is on holiday and so he won't be able to get it for at least a month. He says that the charges are based on his wife accusing him of trying to choke her during an argument they had and that she has asserted that she was left with bruises after the incident. He tells you that he is innocent, and it was his wife who was the aggressor. He says that the law against domestic violence is unfair in India because it is only men who can be subject to it. Finally, he says that he doesn't want to inform the Canadian Government about the charges, and he is not too worried about being convicted because men charged with these types of charges are rarely actually convicted in India although the legal proceedings could go on for a very long time.
Muhammad Ali wants to know if there can be any potential repercussions of his charges on his permanent residence application and if there are any steps he should take as a result. He tells you that he really wants to come to work in Canada where he will be able to earn a proper living. He tells you that his only child is in Canada studying at Waterloo University and that his son plans to remain in Canada permanently. He also notes that he has been having a difficult time in India because he is a Muslim and has faced discrimination in his daily life.
Finally, Muhammad Ali asks what would happen in the "worst case" scenario if the government doesn't find him inadmissible now, but after he is landed as a PR in Canada he receives a conviction for the domestic assault in India. He wants to know if that can create any immigration issues for him in those circumstances and what the process would look like if it does.
Draft an email to Muhammad Ali in response to his inquiries. In the email, you should set out the following:
1. What are the possible effects of Ali's charges on his PR application. Be sure to include in plain language an explanation for the basis of any inadmissibility, noting relevant Canadian statutory provision(s) in your email.
2. Set out what steps you would advise Ali to take in light of the charges that have been made against him to give him the best chance of being able to come to Canada on a permanent basis. You should include in your advice the steps that he should take to minimize the chance that he will be found inadmissible to Canada.
3. Finally set out what the potential repercussions to Ali are if he receives a conviction in India after he lands as a PR in Canada and what any potential immigration process would look like at that point including his ability to respond to allegations and/or appeal.