Al Sagban v. Canada (Minister of Citizenship and Immigration), [2002] 1 SCR 133, 2002 SCC 4 (CanLII),
  • 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)