The appellant, a permanent resident, was ordered removed from Canada due to criminal convictions.
He appealed to the Immigration Appeal Division on equitable grounds under s. 70(1)(b) of the Immigration Act.
The IAD dismissed the appeal, concluding it could not consider the extreme hardship the appellant would face if returned to Iraq.
The Supreme Court of Canada allowed the appeal, holding that the IAD can consider potential foreign hardship when a likely country of removal has been established.
The matter was returned to the IAD for a new hearing.
