Keeping a Family Together: Winning an Immigration Sponsorship Appeal Despite a Criminal Record

Smith, 2017 CanLII 26483 (Immigration Appeal Division)

A Family's Future Hanging in the Balance

A Canadian woman wanted to sponsor her husband to come to Canada. They had two Canadian-born children together. Their marriage was genuine — even the Minister of Citizenship and Immigration conceded that point at the hearing. But there was a problem: more than seventeen years earlier, her husband had a brush with the law that resulted in a finding of inadmissibility on the grounds of serious criminality.

The sponsorship application was refused. The family was left in limbo — two Canadian children facing the prospect of growing up without their father in Canada, all because of something that had happened nearly two decades ago.

Ken Wise's Argument: Compassion and Common Sense

Ken Wise appealed the refusal to the Immigration Appeal Division. He argued that sufficient humanitarian and compassionate grounds existed to warrant granting special relief. The criminal offence was old — over seventeen years old. The marriage was genuine. The couple had two Canadian children whose best interests demanded that their father be present. Separating this family would cause real and lasting harm to innocent children who had no part in events that happened before they were born.

The Appeal Succeeds

The Immigration Appeal Division allowed the appeal. The tribunal recognized that the stability and unity of this Canadian family — including two Canadian children — outweighed a relatively minor transgression from nearly two decades earlier. The family was kept together.

Why This Case Matters

Immigration cases involving criminal inadmissibility can feel hopeless. When the government says no, many families assume there is nothing more to be done. But an appeal on humanitarian and compassionate grounds can succeed — particularly where children's interests are at stake and where a past offence is remote in time and severity. The key is having counsel who can present the human story behind the legal file.

If you are dealing with a refused sponsorship application, criminal inadmissibility, or any immigration appeal, contact Ken Wise & Associates.

Phone: (416) 924-6231

Email: ken@kenwiseandassociates.ca