Al Sagban v. Canada - SSB Law Chambers

Companion case to Chieu v Canada, dealing with the scope of the IAD’s consideration of H&C factors
JR of negative IAD decision to stay removal order against PR, based on H&C factors
Claimant from Iraq, but he had lived in England, USA, and UK
Showed that Iraq was country of likely deportation
SCC returns file to IAD so that they could weigh the hardship he would face on return to Iraq
Legal analysis takes place in Chieu, which adopts the Ribic factors and holds that hardship in the foreign country of deportation must be assessed once country of removal established (there had previously been debate as to whether hardship in the foreign country could be assessed by the IAD under the H&C umbrella)