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This federal court decision cleared the way for a new IRB hearing.

Alexis Pavlich, spokesperson for Chris Alexander, Minister of Citizenship and Immigration Canada, said the government’s position in the case is clear, noting it had appealed the ruling.

“Our Conservative government is committed to keeping Canada’s streets and communities safe for all Canadians, particularly for those who are most vulnerable – children,” she said.

Our Conservative government is committed to keeping Canada’s streets and communities safe for all Canadians, particularly for those who are most vulnerable – children

Nikki Robinson, a Florida assistant state attorney who was a prosecutor on Ms. Harvey’s original case, said Ms. Harvey entered Canada illegally as a convicted sex offender.

“It is incomprehensible to me that Canada would grant her any type of immigration relief under these circumstances,” she said in an email to the National Post.

Barry Golden, senior investigator with the U.S. Marshal’s Office in Miami, Fla., said Ms. Harvey’s case will remain open in the U.S.

“If she does come back to the States there will be an active arrest warrant for her,” he said.

“This type of crime, any felony where you’re sentenced to 30 years, that’s a severe crime,” he said.

He said he could not comment on whether or not the U.S. would continue to seek to extradite Ms. Harvey.

“It’s a case that’s going to remain open, not only with our marshal’s service in Fort Pierce but also our international investigations branch,” he said. “We have investigators that are liaisons to Canada and they may periodically keep tabs on the investigation and find out what’s going on.

“We don’t close a case just because things aren’t ruled in our favour,” he said.

A spokesperson for the IRB said they cannot discuss specific refugee claims or claims to be a person in need of protection due to privacy restrictions.

Ms. Harvey’s lawyer said he would not comment on her case.

If Ms. Harvey does apply for permanent resident states and is approved, she will receive most social benefits Canadians receive, including healthcare coverage. She could also apply for Canadian citizenship.

National Post, with files from Adrian Humphreys