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International Law

Canadian Immigration Blawg

Recent developments in Canadian immigration law and policy by a former immigration officer in private practice.

Post Frequency: 3.1/day

Last Entry: May 14, 2013 at 12:28:28

Mahmoud Mohammad Issa Mohammad deported from Canada

Posted on May 14, 2013
Mahmoud Mohammad Issa Mohammad, a convicted terrorist, was finally deported from Canada after spending a quarter century here.The wheels of justice grind slowly. While he was determined to be a terrorist and inadmissible under the previous Immigration Act back in 1987, Mahmoud somehow staved off his removal from this country...

2013 National Immigration Law Conference - Medical Inadmissibility

Posted on May 11, 2013
I decided to attend this session because I have dealt with medical inadmissibility at various stages, whether it arises before an immigration officer, before the IAD and at Federal Court. I have also dealt with HIV and medical inadmissibility under IRPA...

2013 National Immigration Law Conference - Justice Barnes

Posted on May 11, 2013
Justice Barnes speaking on medical inadmissibility. Don't see a huge volume. What they see is problem with the process. Trapped by the record that was created below. If representing applicant, at disadvantage because most cases are fact based. Key is the decision makers treatment of the evidence...

2013 National lmmigration Law Conference - Federal Court Practice Management Session

Posted on May 11, 2013
Attending the Federal Court Practice Management Session. Justice Judith Snider (on things that bug her): Organization of Applicant's Record. I hate it when I get a Record...and I can't find the decision. I would have thought that the order that it's set in, in the Rules, would be a good idea to follow...

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2013 National Immigration Law Conference

Posted on May 10, 2013
This is probably the fourth or fifth National Immigration Law Conference that I've attended. I missed the last couple; no particular reason, just got busy with the practice of law. It's good to see familiar and new faces including immigration lawyers from Calgary...

2013 National Immigration Law Conference - Breach to Residency Obligation

Posted on May 10, 2013
Attending a Mock Residency Appeal. I've done a number of these residency appeals. My most recent case involved was an interesting one where the appellant was not actually provided with the decision and therefore was essentially found to be a nullity. I've taken 2 other cases that were refused by Ms...

2013 National Immigration Law Conference - Criminal Inadmissibility

Posted on May 10, 2013
Bjorn and I decided to attend the session on criminal inadmissibility. Peter Edelmann is on the panel; he's a bit of a kindred spirit, doing immigration litigation and appearing in criminal courts as well. In keeping with Lorne Waldman's comments during the plenary, compassion has been removed from the system at least when it comes to criminals...

More changes coming from Citizenship and Immigration Canada

Posted on May 10, 2013
CIC has just announced that proposed regulatory changes are to be published to reduce the maximum age for dependent children to under 19, rather than under 22 as at present. They also plan to remove the exception for full-time students. Their rationale is economic - younger dependants do better economically...

Western Canada Refugee Protection and RAD Member List

Posted on May 10, 2013
Western Region Member List RPD - New Negar Azmudeh Douglas Cryer Kerry Cundal Jesse Davidson Lisa Rae Devries Sukhbir (Barry) Dhillon Paula Faber Michal Mivasair Jodie Schmalzbauer Daniel Tucci Colleen Zuk RPD - "Legacy" Rena Dhir Bindu Narula Lucinda Bruin Preeti Adhopia Luella Gaultier Gordon McRae RAD Philip MacAulay Douglas Fortney Raj Sharma Partner Stewart Sharma Harsanyi Suite 800 633 6th Ave SW Calgary AB T2P 2Y5 T: 403-705-3398 Sent from my Blackberry

What should you look for when you hire a Calgary Immigration Lawyer?

Posted on May 08, 2013
What should you look for when you hire a Calgary Immigration Lawyer? Caveat emptor. Buyer beware. I see a lot of horror stories. Before you hire a lawyer based on a fancy website I would suggest the following: Look for an immigration lawyer with experience...

My Notes on an Application to Vacate and Serious Non Political Crime

Posted on May 07, 2013
I attended at a hearing late last month where the Minister of Citizenship and Immigration made application to vacate my client's refugee claim. They allege that he failed to disclose charges (made in absentia) against him in the US and that he was aware of these charges at the time of his original refugee hearing...

Most recent statistics from the RPD

Posted on May 02, 2013
Thought you might be interested in this. Quarterly stats (at the bottom) are interesting. RAD - 6 rejections in Montreal for lack of jurisdiction - ?? Here is some information from the local IRB meeting in Montreal, 23 April 2013: Question: If a claimant submits the BOC a day or so late, what happens at the "special hearing"? What should the claimant expect? Answer: The RPD will decide whether to declare the claim abandoned based on principles of natural justice...

An Appalling Double Standard - Article by Geoffrey Johnston

Posted on April 25, 2013
Raj Sharma comments on religiously motivated violence resulting in refugees from Pakistan.

Removals to Libya have re-started

Posted on April 19, 2013
CBSA advises that they have lifted the Administrative Deferral of Removals to Libya, imposed in February 2011: "please be advised the CBSA has reviewed the situation and has determined that removals can resume. This is to inform you that the ADR to Libya is lifted effective immediately...

FSW requirements announced

Posted on April 18, 2013
CIC has announced the new Federal Skilled Worker requirements. Individuals need to meet at least one of the following three requirements: 1. They have at least one year of continuous work experience in one of the below occupations; 2. They have a qualifying offer of arranged employment; or 3...

Electronic System for Travel Authorization - ESTA

Posted on April 13, 2013
Most people are unaware of the process to obtain an Electronic System for Travel Authorization (ESTA) and/or whether they are eligible for the Visa Waiver Program (VWP). As a result, I have provided a summary which will be of assistance to those with family members or friends coming from participating countries and wishing to enter the United States of America...

Hard Cases Make Bad Law - Jackie Tran and Jason Kenney's New Law

Posted on April 08, 2013
Jason Kenney's new legislation, Faster Removal of Foreign Criminals Act, is fundamentally flawed. His legislation doesn't differentiate between the nature of the offence, and looks only to the length of the sentence. His legislation also doesn't differentiate between a 20 or 30 year permanent resident of Canada (or someone that arrived as a child) with someone that arrived over the age of majority and committed crimes shortly after arriving in this country.

Lawyers Gone Bad - Calgary Edition

Posted on April 08, 2013
Self-regulated professions do a far better job of protecting their own members' interests than they do of protecting the public. Philip Slayton's work discloses a confused and inefficient regulatory response to the misdeeds of dishonest lawyers. If the Law Society purports to act in the public interest then it needs to act with alacrity when it is apprised of fraud, deceit and incompetence on the part of its members.

Losing a Sponsorship Appeal

Posted on April 06, 2013
There's no shortage of lawyers trumpeting their successful court proceedings. Lawyers are reluctant to discuss failure. I take great pride in our record of success before the Immigration Appeal Division (the IAD). This is combination of our experience (we do more hearings before the IRB than anyone else in Calgary), our extensive preparation of the client, and a thorough knowledge of immigration law and finally the facts...

Sponsorship Appeals: Medical Inadmissibility - Audio Recording

Posted on March 18, 2013
My client sponsored his parents and their dependent child (his sister) to Canada. The sponsorship was refused on the grounds of medical inadmissibility because his sister was diagnosed with Schizophrenia. My client appealed that refusal to the Immigration Appeal Division, which has equitable jurisdiction and can allow the appeal on humanitarian and compassionate grounds...

Bad Faith in Immigration Proceedings

Posted on March 18, 2013
What can be done when an immigration officer acts in bad faith? We need to first define this legal term of art. Bad faith by a public officer was described in the case of Enterprises Sibeca Inc. V. Frelighsburg (Municipalite), [2004] 3 S.C.R. 304 as follows: ?The concept of bad faith is flexible, and its content will vary from one area of law to another...

Options for Victims of Domestic Violence - Calgary Family Lawyers

Posted on March 14, 2013
Unfortunately, individuals who are on the brink of separating or who have recently separated often find themselves as the subject of violence from their spouse. If you find yourself in this situation it is imperative that you consult with a Calgary family lawyer in order to canvass your options to ensure your physical and mental safety...

Video: Stewart Sharma Harsanyi Law Firm Featurette

Posted on March 11, 2013

Video: Stewart Sharma Harsanyi Immigration lawyers in Calgary

Posted on March 11, 2013

Drafting error allows some failed refugee claimants an unintended appeal

Posted on March 07, 2013
So they can't "fix" it after all! http://www.canada.com/Federal+government+concedes+drafting+error+refugee+legislation/8058722/story.html Federal government concedes to ?drafting error? in refugee legislation By Tobi Cohen, Postmedia News March 6, 2013 OTTAWA ? The federal government has quietly conceded that it made a ?drafting error? in its oft-criticized refugee legislation passed last June and it appears a new law may be the only way to fix it...

The "Genuineness" of the Marriage...

Posted on February 28, 2013
Immigration Appeal Division Member Hoare in Chavez, Rodrigo v. MCI (IAD TA3-24409) ha the following to say about determining "genuineness" in a sponsorship appeal: The genuineness of the marriage is based on a number of factors. They are not identical in every appeal as the genuineness can be affected by any number of different factors in each appeal...

Defending or Prosecuting Marriage Fraud

Posted on February 27, 2013
Sponsorship fraud will be a recurring issue for many immigration clients and immigration practitioners, notwithstanding Jason Kenney's recent efforts to curtail it. Types of Immigration Fraud Sponsorship fraud occurs in the following ways: The sponsor and applicant are complicit in the fraud - IE both parties knowingly take part in pulling the wool over the eyes of the authorities; The sponsor is a dupe; and The marriage broke down for 'legitimate' reasons, but either the sponsor or immigration feels that the applicant committed marriage fraud (this is obviously not true marriage fraud)...

Canada Welcomed Record Number of International Students in 2012

Posted on February 26, 2013
From CIC: ****************** News Release ? Canada welcomes record number of international students in 2012 First time in Canadian history over 100,000 international students welcomed Ottawa, February 26, 2013 ? Canada welcomed a record number of international students in 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today...

Our Initial Experience with the New Refugee Claim Determination Process

Posted on February 26, 2013
Hello everyone Both Bjorn and Katrina have represented claimants (successfully!) in the new refugee determination process. As a result we have the following information: 1. No screening package/form, country conditions disclosures, certificate of readiness or list of exhibits will be provided in advance of the hearing...

Our summary and thoughts on Jason Kenney's Removing 'Foreign' Criminals Faster Act

Posted on February 17, 2013
PROPOSED LEGISLATIVE CHANGES Bill C-43 proposes to eliminate access to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) for permanent residents or family members of those who have certain criminal offences in Canada or believed to have committed offences outside of Canada...

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