Thursday, June 20, 2013

Faster Removal of Foreign Criminals Act

The Faster Removal of Foreign Criminals Act received Royal Assent and passed into law yesterday.

Under the new legislation the threshold for loss of appeal rights to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) for permanent residents convicted of offences has dropped from 2 years to six months.

Any permanent resident who is sentenced to a term of imprisonment of *at least 6 months* (including any credit for time served) on any individual count will not have a right to appeal any resulting deportation order to the IAD.

Readers may recall that under R. v. Pham, 2013 SCC 15 immigration consequences are a relevant factor to be considered at sentencing. Such consequences will be seen more frequently now.


Anonymous said...

I would suspect that this might result in lower sentences for some new Canadians who break the law?

Anonymous said...

Is it for crimes after june 19.2013 or for even crimes happened in the past?

Also criminality and serious criminality talks about indictable offense. What if the conviction is a summary offense and recieved more than 6 months conditional sentence?is the law still applicable?