International Law

Tips for a (spousal sponsorship) appeal before the Immigration Appeal Division

Posted on March 30, 2011
Tips for a successful spousal sponsorship appeal before the Immigration Appeal Division of the Immigration and Refugee Board.

This describes some decision makers I have met

Posted on March 29, 2011
Captain G. M. Gilbert, the Army psychologist , Nuremberg trials: ?In my work with the defendants (at the Nuremberg Trails 1945-1949) I was searching for the nature of evil and I now think I have come close to defining it. A lack of empathy. It?s the one characteristic that connects all the defendants, a genuine incapacity to feel with their fellow men...

Calgary Refugee Acceptance Rates

Posted on March 02, 2011
Refugee Acceptance Rates in Calgary betray an unacceptable amount of variance.

Sharma Harsanyi - Most Reported Federal Court Decisions since 2009

Posted on March 02, 2011
Raj Sharma and Bjorn Harsanyi of Sharma Harsanyi have the most reported decisions at the Federal Court (compared to the other principals or partners of immigration firms in Calgary) since 2009. Broken down by law firm/lawyer: Sharma Harsanyi -- 9 reported decisions Raj Sharma -- 7 reported decisions Bjorn Harsanyi -- 2 reported decisions Caron & Partners -- 4 reported decisions Peter Wong -- 1 reported decision Jean Munn -- 3 reported decisions Sherritt Greene -- 5 reported decisions Michael Greene -- 3 reported decisions Michael Sherritt -- 2 reported decisions Source Advanced Search option on the Federal Court of...

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Why Jason Kenney is Wrong

Posted on February 19, 2011
Earlier this month, in a speech to law students at the University of Western Ontario, Jason Kenney, the Minister of Citizenship and Immigration, criticized what he perceived as undue interference of the Federal Court in the decisions of his department...

Chilean faces deportation after three decades in Canada

Posted on February 07, 2011
Victor Morales, a man who has lived in Canada for more than three decades, is fighting deportation to a country that he has not seen since he was a child.

Deporting a Permanent Resident

Posted on January 29, 2011
Canada is seeking to deport or remove Belhassen Trabelsi, the brother-in-law of ousted Tunisian President Zine Ben Ali. Trabelsi is (or perhaps was) a permanent resident of Canada. Foreign Affairs Minister Lawrence Cannon has made clear the Canadian government's commitment in removing Trabelsi, whether by deporting him or extraditing him...

Citizenship Residency Requirments

Posted on January 23, 2011
Citizenship is generally granted to an individual who has accumulated three years of residency in a four year period. What is not that generally known is that there are varying interpretations as to what the residency requirement actually means. Does it mean 'two feet on the ground' or a broader interpretation? In Cardin v...

CIC Investigations: Marriages of Convenience

Posted on January 18, 2011
Citizenship and Immigration Canada here in Calgary is investigating individuals that came to Canada by marrying a Canadian/permanent resident spouse and subsequently divorced that spouse to remarry and sponsor a new spouse. One officer is tasked with this responsibility and there are perhaps 40 individuals that are being interviewed in the next few weeks...

Top Immigration Story for 2010

Posted on December 31, 2010
The year is almost at a close. If I were asked what the top immigration news story for 2010 would be, I would have to say it would be the change in attitude towards immigrants and refugees. The Economist's article: A Smaller Welcome Mat contains some interesting points, but misses the overall picture...

How to find a good lawyer

Posted on December 29, 2010
Lawyers are usually consulted for mundane reasons, like the purchase of a home or the drafting of a will. Lawyers are great resources for anyone in business. Obviously, an individual's interactions with the criminal justice system is a serious occasion for legal consultation...

The Ideal Client

Posted on December 22, 2010
There are different types of clients. Clients are not treated the same by their representatives. Difficult clients unfortunately, may not get the best possible service from their representatives (despite the professionalism of those representatives). It is incumbent on a client (who is seeking the best possible representation) to ameliorate issues or potential issues that can exacerbate the relationship between themselves and their representatives...

I now see why Patrick was so popular in Vietnam...

Posted on December 16, 2010
I now see why Patrick was so popular in Vietnam...

Access to Information Status Requests

Posted on December 09, 2010
I sent a request under the Access to Information Act in July. To date, no response from CIC Access to Information and Privacy Division. I called them 1-800-667-6703 in October; they advised that the file was due to be released in August and that they would drop a note to the Fast Track Unit...

Wikileaks reveals deep concern over Mexico drug war

Posted on December 05, 2010
Interesting information for Mexico refugee claims. -------------------- WikiLeaks cables reveal unease over Mexican drug war -------------------- The secret cables give a much starker U.S. view of the pitfalls facing Mexican President Felipe Calderon in his campaign against drug cartels...

How to Report Immigration Fraud

Posted on November 28, 2010
CIC link here. How to report fraud How do I report immigration fraud? In Canada, you can report immigration fraud by calling the Border Watch Tip Line at1?888-502-9060. All information is treated as confidential. Overseas, you can contact your nearest Canadian diplomatic office...

The trip so far...

Posted on November 21, 2010
Patrick and I with a young Buddhist monk. He was 12 and has committed to a life without meat, alcohol and other things. Apparently they see their family for a very brief amount of time every year. He chose this life; a big decision to make at this age...

Criminality appeals before the IAD

Posted on November 14, 2010
I was before the IAD on a number of appeals involving removal orders for criminality. As I've written in the past, these appeals involve the consideration of the so called "Ribic factors", namely: Seriousness of the offence leading to the removal order; Remorse/potential for rehabilitation; Length of time/establishment in Canada; Family in Canada and the dislocation to that family upon removal; Community support; and Degree of hardship upon return...

Marriages of Convenience continuing concern

Posted on November 11, 2010
Marriages of convenience - fraudulent marriages arranged to bring a foreign national to Canada are a continuing concern. CBC Article here. Why should people care about this issue? Well, for one, the integrity of our immigration system is at stake. The other reason is that a surfeit of fraudulent marriages means that immigration will respond by tightening requirements, which might mean that legitimate marriages will be lumped in with the fraudulent...

Hitler - Downfall Parody - Hitler plans an attack on Sharma Harsanyi

Posted on November 02, 2010
Ok, last Downfall parody for a while:

Hitler - Downfall Parody - Hitler informed he is inadmissible to Canada

Posted on November 01, 2010
Hitler is advised that he has been determined to be inadmissible to Canada.

Real Refugee Reform

Posted on October 31, 2010
Ministers Toews and Kenney have been busy this year trying to show Canadians (and prospective refugees outside Canada) that they mean business. Instead of announcing and enacting new legislation that would apply to only a tiny minority of refugee claimants, the duo should perhaps look at the existing legislation that actually allows the government to take back refugee status given to an individual if the conditions back home have changed and the reasons for the claim/risk no longer exist (cessation)...

Randy Quaid and the Star Whackers

Posted on October 24, 2010
Randy Quaid and his wife are claiming refugee protection against their country of origin/nationality: the United States of America. The claim appears to be manifestly unfounded. The erratic Quaid, a Hollywood actor, is claiming persecution from "star whackers", pointing to the untimely deaths of Heath Ledger and David Carradine...

Assessment of Credibility in Claims for Refugee Protection

Posted on October 17, 2010
I am reviewing a publication by Legal Services, Immigration and Refugee Board entitled "Assessment of Credibility in Claims for Refugee Protection". One reference seems to indicate that it would be an error of law for the Board to rely on selective evidence: In Polgari, Imre v...

List of Designated Medical Practitioners in Calgary

Posted on October 13, 2010
Taken from the CIC Website: Calgary Andy V.F. Wong 7811 Fairmount Drive SE, Fairmount Medical Clinic, Alberta, T2H 0X8 403-242-7300 English Calgary Sabetai Grunberg 203-1711 4th Street S.W., Alberta, T2S 1V8 www.grunberg.ca 403-248-5555 403-808-9255 English / French / Italian / Romanian / Spanish Calgary Anthony KA Sing Lam 117-17th Ave NE, #101, Alberta, T2E 1L7 403-276-8866 Cantonese / English / Mandarin Calgary Pyarali Allibhai Mitha 1347-12 th ave SW, Alberta, T3C 0P6 403-245-3382 English / Gujarati / Hindi Calgary Brij K...

Refugee Acceptance Rates

Posted on October 10, 2010
CBC has a database indicating refugee acceptance rates broken down by source country. I requested the rates for countries that we have worked on recently, including Zimbabwe, Somalia, DRC, Haiti, Colombia, India, Pakistan, etc. Country Claims Referred Accepted Rejected Abandoned Withdrawn / Other Claims Finalized Pending Acceptance rate Zimbabwe 22 89 16 4 2 111 486 80...

Galloway arrives in Canada

Posted on October 03, 2010

More on Mandamus -- from Justice

Posted on October 02, 2010
More on Mandamus -- from Justice Boivin's decision (http://decisions.fct-cf.gc.ca/en/2010/2010fc767/2010fc767.html): [13] Mandamus is a discretionary equitable remedy. It lies to compel the performance of a public legal duty which a public authority refuses or neglects to perform although duly called upon to do so...

Very good decision by Justice Martineau

Posted on October 02, 2010
Very good decision by Justice Martineau on decisions by visa officers on granting/not-granting work permits: http://decisions.fct-cf.gc.ca/en/2010/2010fc941/2010fc941.html

Justice Mosley has ruled on the

Posted on October 02, 2010
Justice Mosley has ruled on the (improper) efforts to keep George Galloway out of Canada: http://decisions.fct-cf.gc.ca/en/2010/2010fc957/2010fc957.html

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