Convicted killer permitted for the sponsorship of wife for immigration.

A man convicted of killing his sister-in-law in India 11 years ago by soaking her in kerosene and then setting her on fire, will be allowed to sponsor his new wife for immigration to Canada, ruled the Federal Court.

The court found Immigration Board provisions against allowing someone convicted of a domestic violence offense to sponsor an immigrant are applicable only for those convicted of harming a blood relative, and not an in-law.

Baljinder Singh Brar, a Canadian citizen, was married in March 1997, just one month before he was convicted in India of liable homicide in the death of his brother’s wife, which was caused due to severe burns.

In July 2004, Brar was released from jail and he returned to Canada. After six months, he submitted an application to the Canadian High Commission in New Delhi for sponsoring his spouse.

Earlier, an immigration official rejected the application, citing his conviction as a failure to comply with Immigration and Refugee Protection Regulations, which bar people who have caused bodily harm against a relative.

However, Brar successfully appealed the decision citing that an offense which involves a sister-in-law in different than an offense which involves a relative as defined by the board.

The Ministry of Citizenship and Immigration asked the decision to be reviewed noting that another clause in the regulations provides a broader definition of ‘relative’ which also includes other family members such as common-law partners or spouses.

The Federal Court ruled this month that Brar is eligible to sponsor his wife to immigrate to Canada and that the board hadn’t erred in its interpretation of the regulations.

The rule states that the word ‘sister-in-law’ does not fall within the definition of ‘family member’ as it is outlined in the Immigration and Refugee Board.