A Portuguese immigrant, Luis Carlos Rebelo, who was ordered deported six years ago for his involvement in the killing of a McMaster University student, has been given a chance to restore his permanent resident status in Canada. Rebelo was convicted of manslaughter in 2017 and sentenced to over eight years in prison for his role in the group attack that led to the death of Tyler Johnson.

Johnson, a 30-year-old mechanical engineering student, was shot during an altercation outside Vida La Pita restaurant in Hamilton on November 30, 2013. Police described the incident as a coordinated attack involving multiple suspects. Three other men, including Chad Davidson and brothers Brandon and Joshua Barreira, were convicted of first-degree murder in connection with Johnson's death. Joshua Barreira claimed to have known Johnson and alleged that Johnson had attacked one of his assailants before being shot, a claim disputed by Johnson's mother.

At the time of his death, Johnson had recently earned a scholarship for a master’s degree in mechanical engineering. A former girlfriend remarked, "He was taking school really seriously and had really high dreams and high hopes for himself."

In 2019, Canadian immigration authorities deemed Rebelo inadmissible for serious criminality, leading to a deportation order. Immigration officials rejected his appeal, citing the Immigration and Refugee Protection Act (IRPA), which states that a permanent resident or foreign national is inadmissible if sentenced to more than six months in jail.

Rebelo appealed this decision in September 2020 after the Ontario Court of Appeal ordered a new trial on his manslaughter charge. He believed that the new trial would allow him to appeal his deportation order. However, the Immigration Appeal Division (IAD) denied his request, stating it lacked jurisdiction at that time.

In December 2022, Rebelo pleaded guilty to a lesser charge of counseling to commit aggravated assault, resulting in a sentence of six months less a day in prison. The manslaughter charge was withdrawn. Despite this, the IAD dismissed his appeal of the deportation order in December 2023, asserting it did not have the authority to hear the case.

Rebelo, who has lived in Canada since he was three years old, lost his permanent resident status due to the deportation order. The legal debate centers on differing interpretations of the IRPA. One interpretation allows individuals who successfully appeal a conviction to also appeal their removal order, while another maintains that the only relevant sentence is the one at the time of the inadmissibility finding.

Justice Christine Pallotta, in a recent decision, sided with Rebelo, stating that the IAD's reasoning was flawed and did not withstand a reasonableness review. She noted that the decision exhibited a failure of rationality and justification. As a result, Pallotta has sent Rebelo's case back to a different IAD panel for reconsideration.

Rebelo's current status as a foreign national leaves him without legal rights to work, access provincial health care, or apply for Canadian citizenship. He also faces a heightened risk of immigration detention and potential deportation for lesser offenses. Lawyers for the Immigration Minister argued that the IAD properly rejected Rebelo's claims, emphasizing that he remains inadmissible for serious criminality and that changes to his conviction do not restore his immigration status or appeal rights.