082: SPECIAL SERIES: Immigration Hearings and Appeals - Appealing the Removal of PR for Criminality with Rekha McNutt

It is not a secret that Permanent Residents can lose their status and be removed from Canada for committing a crime. In fact, a lot of people have heard some stories about PRs being removed from Canada for violating the law. However, not everyone knows specifics and details on how this removal process is done and if there are any ways Permanent Residents can challenge their removal from Canada. Well, today's episode is really focused on Permanent Residents and Criminality. In this episode of the Special Series on Immigration Hearings and Appeals I discuss everything you might want to know about Criminality as a ground for removal of Permanent Resident from Canada with amazing Canadian Immigration Lawyer Rekha McNutt.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had a very interesting discussion on challenging removal of PRs from Canada based on criminality. Rekha shared insights and demystified what happens to a PR charged with a criminal offense and how this fact is treated both within criminal as well as immigration system. Additionally, in this episode we discussed the following:

  • consequences for a PR when charged with a criminal offense;
  • types of criminal charges and difference between serious and regular criminality;
  • options for appealing removal order;
  • practical aspects of representing a client in appealing removal orders.



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