[2017] 2 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of decision denying application for criminal rehabilitation, admission to Canada — Applicant, citizen of China, having extensive criminal record — Marrying Canadian citizen in 2004 — Applying for criminal rehabilitation to be reunited with family in Canada — Application denied by Citizenship and Immigration (CIC) officer pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(3)(c) — Officer listing factors in favour, against applicant’s rehabilitation — Concluding that applicant having long history of offences, recidivism, showing little or no remorse, not taking responsibility for his crimes — Whether officer’s decision that applicant not criminally rehabilitated unreasonable — Officer’s rehabilitation decision not withstanding judicial review — Not clear that formal inadmissibility finding ever properly made — No indication officer conducting thorough equivalency assessment — Preferable for inadmissibility determination to be made first before addressing question of rehabilitation — Officer failing to consider whether or not applicant will re-offend — Period for which applicant has been crime free necessary consideration in rehabilitation application — Officer failing to reasonably consider applicant’s history from time of his last serious offence — Important to consider key factors in deciding criminal rehabilitation application such as nature of offence, circumstances under which offence committed, length of time which has lapsed — Here, officer not giving due consideration to those factors except for history of re-offending — Disproportionately focusing on applicant’s past conduct, not properly considering positive factors present in application — Rehabilitation is forward looking — Question whether applicant likely to continue in this or similar conduct — To answer question, necessary to consider last ten years of applicant’s life where he has not been involved in any criminal activity — Application for criminal rehabilitation referred back to different officer for reconsideration — Application allowed.
Lau v. Canada (Citizenship and Immigration) (IMM-954-16, 2016 FC 1184, Mosley J., judgment dated October 24, 2016, 12 pp.)