Quote:
Originally Posted by killer_carlson
it isn't an automatic he will have to leave.
He will be criminally inadmissable to Canada, be given a removal order, but will have an opportunity to ask for a Stay of the removal order so that he can remain in Canada.
This offence has a lot of public attention and there will be some negative notoriety on this case if he were to stay. The Supreme Court also just came out with a case in March appealing the removal order of a street racer.
My bet is that he'll be allowed to stay but under certain guidelines to keep his nose clean and not be allowed to drive or something like that.
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The original article posted doesn't mention if he was a permanent resident or a foreign national. It says that he came to Canada on a study VISA and wanted to remain longer.
If he was simply a foreign national he has no right of appeal for his removal order no matter what his sentence was. Even if it was a conditional sentence he would have no right of appeal. If he was a permanent resident then he would have an appeal right if he was sentenced to less than 2 years. In this case he was sentenced to 30 months thus he has no appeal right.
To what legislative authority does he have to request a stay of removal? His only posible out is if he applies for and is granted a positive Pre Removal Risk Assessment. If he applied for the Pre Removal Risk Assessment only under risk, it is highly unlikely that he would be approved. Only 5% of all PRRA applications for risk are approved and India is not a country that one would face a significant risk of being returned to.
My bet is that he will not be allowed to stay and as soon as his sentence is completed he will be removed.