What are the factors used by the International Court of Justice in deciding whether to grant an appeal against a deportation order?
Canada (Federal), Canada
The following excerpt is from Martinez-Soto v. Canada (Citizenship and Immigration), 2008 FC 883 (CanLII):
The IAD established in Ribic v. Canada (Minister of Employment and Immigration), [1985] I.A.B.D. No. 4, a list of factors to consider in a deportation appeal. They include: • the seriousness of the offence or offences leading to the deportation • the possibility of rehabilitation or in the alternative, the circumstances surrounding the failure to meet the conditions of admission which led to the deportation order [Emphasis added] • the length of time spent in Canada • the degree to which the appellant is established • family in Canada, and the dislocation to that family that deportation of the appellant would cause • the support available for the appellant not only within the family but also within the community • the degree of hardship that would be caused to the appellant by his return to his country of nationality
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