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Live blogging the CBA immigration and citizenship conference part 1

By immlawyer

After a harrowing drive in last night arriving in the early hours of the morning, I'm now listening to the presentations for the morning plenary. Attendance seems solid but perhaps the conference is not sold out as in previous years. It was nice meeting the members of the bar whom I haven't seen in some time like Evelyn Ackah, Michael Birnbaum, Michael Tilleard, Nico Breed, Michael Greene and Michael Sherritt, Peter Edelmann, and many others. I also bumped into Ross Pattee ADC and Ken Sandhu of the IRB. I'm now listening to the inestimable Lorne Waldman in plenary 1C 'recent decisions affecting your practice'. Commenting on Khosa: most judges felt it was within range of reasonableness but Fish felt it was not. Key: have to satisfy that not within range of acceptable decisions. This fact that was ignored, misconstrued, this inference improperly drawn. Leigh Taylor from the DOJ feels that court will overturn if injustice apparent. Use language of court but focus on facts. Justice Snider. Deference here to stay. If appearing before federal court and trying to overturn decision must focus on decision of tribunal member and say that decision is unacceptable. Show that the particular decision is unreasonable and why. Addressing counsel for tribunals: Standard of review is not the issue. The issue is the reasons. Waldman noted a pet peeve - the tendency of the DOJ to file affidavits after the fact; buttressing weak decisions with follow up affidavits. Now...Taylor discussion re officers discretion regarding deferral of removal. Borone(?) appears to provide some guidance. Simoes and Wang. Concluded jurisdiction limited. Confined to travel, long outstanding H&C applications. Court firm that stay is exceptional. Deference warranted. Reasonableness standard for that decision. Waldman feels that Borone doesn't change the law and that Simoes and Wang continues to be good law. Lesson: need compelling facts or timely H&C. Problem: counsel bringing stays that should not be brought to court.

Full post as published by Canadian Immigration Blawg on April 17, 2009 (boomark / email).