A Maple Ridge man whose father was convicted of crimes in the kidnapping and murder of Jassi Sidhu is facing deportation.
The Federal Court of Appeal ruled on June 7 that Barinder Singh Sidhu must face a new immigration hearing to determine whether he can stay in the country. He has lived in Canada since 2008.
A foreign national is inadmissible to Canada on the grounds of misrepresentation.
SidhuB次元官网网址檚 father, Darshan Singh Sidhu, was convicted of offences in relation to the murder of Jaswinder Kaur Sidhu in India and in October 2005.
Darshan Singh Sidhu was one of seven people arrested and charged in India with her murder. Her throat was cut and her body dumped in a canal in June 2000 in Punjab. The newlywedB次元官网网址檚 husband, Sukhwinder Singh Mithu, was also attacked, but survived.
In 2008, while on parole, Barinder Singh SidhuB次元官网网址檚 father landed as a permanent resident in Canada, sponsored by a family member. He listed his wife and son Barinder, then 25, as dependants.
Darshan Singh Sidhu failed to disclose his convictions, and on a declaration form answered B次元官网网址渘oB次元官网网址� to a question of whether he had been convicted or charged with a crime, according to court documents.
The reasons for judgment outline that, in February 2015, immigration officials wrote a report saying father and son were inadmissible to Canada. It said the appellantB次元官网网址檚 father is inadmissible because he B次元官网网址渇ailed to disclose to the visa officer that he had been convicted of conspiracy to commit murder and kidnapping in India prior to his visa issuance,B次元官网网址� and the son B次元官网网址渄id not disclose and/or withheld information concerning his fatherB次元官网网址檚 conviction, thereby inducing an error in the administration of the Immigration and Refugee Protection Act.B次元官网网址�
The court documents noted that without the fatherB次元官网网址檚 misrepresentation, the appellant would not have been admitted to Canada B次元官网网址渟o that his status as a permanent resident was predicated upon a lie, albeit a lie told by his father.B次元官网网址�
This monthB次元官网网址檚 judgment does not say Barinder Singh Sidhu was unaware of his fatherB次元官网网址檚 conviction.
B次元官网网址淭his is a somewhat unusual case,B次元官网网址� said the reasons for judgment. B次元官网网址淭his is not a case where, unknown to the dependants, a principal applicant exaggerated a qualification or other fact in his or her application for permanent residence. The appellant knew of his fatherB次元官网网址檚 conviction and that criminal convictions were of interest to the Canadian immigration officials.B次元官网网址�
The court documents do not address how a man sentenced to life in prison in India was able to leave the country and come to Canada.
However, Darshan Singh Sidhu, the father, appealed his conviction and won an acquittal in India in 2015. He lives in India.
In January, two Maple Ridge residents were to face a charge of conspiracy to commit murder. Surjit Singh Badesha and Malkit Kaur Sidhu, JassiB次元官网网址檚 uncle and mother, are now in India to stand trial.
ncorbett@mapleridgenews.com
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