Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, is a leading Supreme Court of Canada decision in Canadian administrative law.
Khosa was a citizen of India who immigrated to Canada with his family in 1996 at the age of 14. He was found guilty in 2002 of criminal negligence causing death and sentenced to a conditional sentence of two years less a day. A removal order was issued for him to return to India.
Khosa appealed the order to the...
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Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, is a leading Supreme Court of Canada decision in Canadian administrative law.
Khosa was a citizen of India who immigrated to Canada with his family in 1996 at the age of 14. He was found guilty in 2002 of criminal negligence causing death and sentenced to a conditional sentence of two years less a day. A removal order was issued for him to return to India.
Khosa appealed the order to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. The majority of the IAD denied Khosa "special relief" on humanitarian and compassionate grounds. On appeal, the Federal Court reviewed the assessment of the IAD and found it to be reasonable. That decision was then appealed to the Federal Court of Appeal which then found that the decision had not been reasonable when they denied relief and set the decision aside.
Binnie J. wrote for the majority, who found that s. 18.1 of the Federal Courts Act set out the threshold...
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