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Canada also may have a D.A.C.A. moment

April 2018, 25
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There is a recent ruling of the Federal Court of Canada, which means that all dependents are likely lose their permanent resident status, in case their parents made a misrepresentation of a fact at the time of seeking immigration to Canada.

A Judge can invalidate the status of permanent residents. As a result, the immigration authorities can order for removing the person from Canada. This may lead him/her to an unknown country, for a crime they did not commit. There will be a price some immigrants will have to pay for a wrong deed of a parent.

The ruling

Presently, the ruling concerns a 25 year old person who received permanent residence in 2008. The man was accompanying his mother and father.His father was the principal applicant of the PR application. The parents returned to India immediately after reaching Canada, but the son continued his stay. Subsequently, he married a citizen of Canada and was the father of two children born in Canada.

 After several Years the authorities came to know that there was a misrepresentation by the father. He had told a lie regarding a murder conviction. The Immigration and Refugee Board called the son to seek revocation of PR status. Fortunately, the I.R.B. and a later appeal hearing decided in his favor.

Prolonging the case

The Immigration Ministry has expressed dissatisfaction about this result, and it is seeking a review of the Federal Court decision of I.R.B.

Justice Richard Mosley said in his judgment that it was not right to give the permanent resident status to the son. In case the principal applicant is not qualified for admission, then the dependent also cannot gain admission. The misrepresentation of his father resulted in gaining the PR status gained by the son. Hence his father cannot be admitted. 

Future course 

Moreover, Justice Mosley ordered that this case should be returned to the Immigration Appeal Division of I.R.B. If the decision is discontinued, the son is likely to be removed from Canada. People in Canada, watch the debate in the US regarding the Deferred Action on Childhood Arrivals. There is a feeling that Canada is fair, different, and also compassionate. Furthermore, the present government is promoting this image as a counter-narrative to the events which are happening in the USA. Canada emphasizes the value of immigration and reuniting the families. Canadians would be greatly surprised in knowing that there can be similar removals from their country which D.A.C.A. means to prevent. The courts in Canada need to be wise and ensure that events like D.A.C.A. remain worthy of reading only in Canada. They must not become a part of life here.

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