International Law

Interesting article at the National

Posted on November 18, 2009
Interesting article at the National Post ... an Ontario court case seems to indicate that sponsor's who's relatives default (receive social assistance/benefits) may not automatically be required to pay back the funds to the government. This despite the very clear Sponsorship Agreement which forms part of any family class sponsorship application requiring sponsors to be responsible for their relatives...

At least 1500 war criminals in Canada

Posted on October 31, 2009
Desire Munyaneza, a failed refugee claimant, has now been sentenced to the harshest penalty under law. However, 1500 other war criminals and human rights abuser are in Canada, both known and unknown.

Refugee News

Posted on October 25, 2009
National Post has an article on the murder of a rejected refugee claimant from Mexico. One wonders what Jason Kenney has in mind for the refugee reforms (article here) but some educated guesses would have to include fast-tracking refugee claimants from certain countries and additional decision making responsibilities for tribunal officers (see also the National Post article here)...

Marrying for immigration

Posted on October 25, 2009
Just finished watching the w5 news program on immigration marriage fraud. Julie Taub, an Ottawa immigration lawyer, suggests that immigration law be changed to grant only conditional status in Canada to the sponsored spouse. I'm not sure I agree. This could result in abuse and coercion as well - a method of control by the sponsor over the immigrant spouse...

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The more things change...

Posted on October 20, 2009
The more things change, the more they stay the same. Treatment of Tamil boat people evokes memories of the Chinese migrants that sailed to the west coast 10 years ago and the Komagata Maru in 1914 which sat in harbour for 2 months and returned to India where 20 individuals were killed after disembarking.

An Interesting Week before the IAD

Posted on October 17, 2009
Hearings before the Immigration Appeal Division involving appeal against a removal order based on criminality, and an appeal against medical inadmissibility when the principal applicant has passed away.

Immigration reform

Posted on September 29, 2009
Just had a thought, while I was reading the UK Home Office country of origin information documents. What if the IRB/RPD had a mandate to assess humanitarian grounds at the time of the refugee claim? As it stands, individuals enter Canada and make a refugee claim which is heard in 18-24 months...

Somalia

Posted on September 29, 2009
Have a refugee hearing tomorrow. Country of origin is Somalia. While most Somalian claims have identity issues (the country has no functional government) and can't provide documents such as a passport, my client does have a birth certificate. He is from a minority clan and given the dynamics of the country would be at risk upon return...

"Former" terrorist wants to be a lawyer

Posted on September 29, 2009
"Former" terrorist Parminder Singh Saini has completed his undergraduate and legal education here in Canada and now seeks the permission of the Law Society of Upper Canada to practice Law in Ontario. Saini was convicted as a terrorist by a Pakistani court after he and his associates from the All India Sikh Students Federation hijacked an Air India flight to Delhi, forcing it to land in Lahore, Pakistan instead...

Calgary Herald Editorial

Posted on September 23, 2009
Apparently the Calgary Herald believes the 'Refugee appeal system' needs an overhaul. It's a little disconcerting when a major newspaper commits so many errors in an article that's probably less than 400 words in length. Where to begin? What is the refugee appeal system anyway? As far as I know, we don't have one...

Interview: Section 44 Report

Posted on September 21, 2009
Just attended an interview with my client with CBSA pertaining to an allegation of criminal inadmissibility. The Officer has discretion in terms of whether writing a report (s.44 report) and discretion in whether or not to recommend a referral of that report to the Immigration Division of the Immigration and Refugee Board...

Toronto Star: How to Fix our Broken Refugee System

Posted on September 16, 2009
Toronto Star How to fix our broken refugee system Sep 16, 2009 Carol Goar The issue is ripe for a crackdown. The government has already hinted it wants to rewrite the Immigration and Refugee Protection Act. The sales pitch almost writes itself: Bogus refugees are overwhelming our borders...

Alberta Immigrant Nominee Program - Family Stream Changes effectiveSeptember 14th, 2009

Posted on September 14, 2009
Changes to the AINP family stream have been announced. From: Pnp Office Date: Mon, 14 Sep 2009 10:21:24 -0400 Subject: Alberta Immigrant Nominee Program - Family Stream Changes effective September 14th, 2009 Please DO NOT RESPOND TO THIS E-MAIL Please note the Alberta Immigrant Nominee Program (AINP) has introduced changes to the AINP ? Family Stream effective September 14th, 2009...

Jackie Tran: A Man Between Two Countries

Posted on September 13, 2009
Richard Cuthbertson's article appeared in the Calgary Herald today. Entitled "Jackie Tran: A Man Without a Country" the article speaks to issues beyond my client's current situation. I prefer the title, a man between countries, because strictly speaking, unlike other Vietnamese clients facing deportation who are 'stateless', Vietnam acknowledges Mr...

Interesting case

Posted on September 07, 2009
http://www.nationalpost.com/m/story.html?id=1969809&s=Home&p=2

Developments

Posted on September 02, 2009
Client released from custody. Global news here.

Calgary Herald article

Posted on August 31, 2009
Article by Gwendolyn Richards in the Herald today. Excerpt: ...the lawyer representing Tran said his client is simply following the process afforded to him under legislation that was tightened back in 2002.Under the current Immigration and Refugee Protection Act, "serious criminals" -- those sentenced to two years or more in prison--are not allowed to appeal their deportation orders, Raj Sharma said Sunday...

Stay decision

Posted on August 30, 2009
Date: 20090830 Docket: IMM-2024-09 OTTAWA, ONTARIO, AUGUST 30, 2009 PRESENT:The Honourable Mr. Justice de Montigny BETWEEN: NGHIA TRONG NGUYEN-TRAN, a.k.a. TRAN TRONG NGHI NGUYEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION ORDER UPON MOTION on behalf of the applicant for an Order staying the execution of the removal order scheduled to take place on Monday, 31 August 2009, until the disposition of the underlying Application for Leave and Judicial Review of the decision by the Immigration Appeal Division dismissing his appeal against his removal order for inadmissibility for serious criminality; AND UPON reading the material before the Court; AND UPON...

Another perspective

Posted on August 29, 2009
I've received a lot of emails and letters on my work on behalf of Mr Tran. The following is something I received today which I would like to share.

Take a break

Posted on August 28, 2009
Here's a recent email from someone that will likely never retain my services. From: xxxxxxxx Date: Fri, 28 Aug 2009 15:07:26 -0400 To: Raj Sharma Subject: Take a break Give it up Raj !!! There is plenty more garbage for you to defend so you can continue scamming us for your livleyhood...

Back from remand

Posted on August 27, 2009
Just got back from the remand centre and preparing for the detention review to be held this AM.

Rumours and Revelations

Posted on August 25, 2009
I've heard rumours that the entire Immigration and Refugee Board is meeting in Toronto in October of this year perhaps to be addressed by the Minister of Citizenship & Immigration. If this is correct, it is undoubtedly to inaugurate the most sweeping changes since the implementation of the current legislative regime (the Immigration and Refugee Board)...

Article in the Calgary Herald

Posted on August 16, 2009
Link here.

Appeal from Spousal Sponsorship Refusal

Posted on August 12, 2009
Had an appeal against the refusal of a spousal sponsorship. The hearing was held today via videoconference with the Board Member. In reviewing case law the night before, the following seemed to be helpful: As in all other cases of this nature before the Division to date, the two prongs of the "bad faith" test articulated in Regulation 4 are to be read conjunctively, as per the French version of the Regulations...

Tories look to fast track refugee claims

Posted on August 11, 2009
Looks like refugee reform will be enacted sooner rather than later. Globe and Mail article indicates that the "safe country" list will be a reality come this fall. Tribunal Officers (formerly known as Refugee Protection Officers) will be making the initial decision with an ability for an appeal (which may or may not mean a hearing) to a Board Member...

UK Border Agency - Country Specific Asylum Policy

Posted on August 05, 2009
There are certain documents that the Refugee Protection Division will refer to in its National Documentation Packages which typically comprise the disclosure in most refugee claims from the Board. The US Department of State Country Report is one such document...

IAD reconsideration of a stay

Posted on July 30, 2009
An appeal to the IAD can result in couple of outcomes. The IAD can allow an appeal, dismiss the appeal or impose a stay. A stay is usually imposed on criminality matters. After a period of time ... usually 1 to 3 years ... the IAD will reconsider the matter...

Family stream

Posted on July 29, 2009
First candidate has received his visa from New Delhi. Nomination was received earlier this year. Start to finish was less than 12 months.

Temporary Suspension of Removals Lifted Against Burundi, Liberia, Rwanda

Posted on July 24, 2009
The TSR (temporary suspension of removals) list has grown shorter: Temporary Suspensions of Removals Lifted for Burundi, Liberia and Rwanda Ottawa, Ontario, July 23, 2009 ?The Government of Canada announced today that due to improved conditions in Burundi, Liberia and Rwanda, the temporary suspensions of removals to these countries have been lifted, effective immediately...

Hearings

Posted on July 21, 2009
I'm approaching a hearing heavy end of July and August. Tomorrow is a refugee claim against Kenya; followed by hearings involving Somalia, Myanmar (aka Burma), Tanzania, Ghana, Cote d'Ivoire, Nigeria, Haiti, Colombia and a marriage appeal. It's a daunting upcoming 6 weeks, even with my background and experience as a former Refugee Protection Officer For more than a year, claims were piling up...

Refugee Reform

Posted on July 15, 2009
In an article published in the Calgary Herald in October 2007, I commented on the necessity of reform to Canada's overburdened refugee system. Immigration Minister Kenney - perhaps the fifth minister in that portfolio since 2003 - has finally acted by imposing visa requirements on two top source countries for refugee claims: Mexico and the Czech Republic...

Stampede hooliganism

Posted on July 04, 2009
Hopefully Charlie won't notice the damage

Stampede 2009

Posted on July 04, 2009
Charlie Stewart QC in his french cowboy shirt finery.

The stampede has arrived

Posted on July 04, 2009
The inestimable Judge Sean Dunnigan

Somalian Refugee Claim - Accepted

Posted on June 29, 2009
After getting up at 5:30 this morning and reviewing the audio of the past hearing, as well as reviewing the voluminous documentary evidence on these claim types, I had limited input into the actual hearing. The hearing was concluded after some questions by the Presiding Member within one hour with a bench positive from the Member, Ms...

In Defence of Jackie Tran

Posted on June 28, 2009
Jackie Tran committed serious crimes and has served the jail time imposed by the courts of this province. Unlike a citizen however, he will be punished twice for those crimes if he is deported from Canada and separated, perhaps permanently, from his family here...

Somalian refugee claim

Posted on June 26, 2009
I will be appearing before Ms. Dhir, Member of the Immigration and Refugee Board, Refugee Protection Division, on a Somalian refugee claim on Monday. She was appointed in December 2008 and the CIC Press Release contains the following information: Ms. Dhir is a leading figure in the Indo-Canadian community in Vancouver...

LICO - Low Income Cut Off

Posted on June 26, 2009
Canadian citizens or permanent residents who seek to sponsor their parents (or grandparents) need to meet certain income levels. These income levels are generally ascertained by reference to the client's Notice of Assessment (Option C printout). Given that sponsorships can take years - and the vagaries of our economic system - it is possible that LICO may not be met for one or more years...

Crime, Drugs and Scams behind Spike in Mexican Refugee Claims

Posted on June 25, 2009
The deteriorating conditions in Mexico are plain for all to see. President Calderon indicates that the future of democracy is at stake in its struggle against corruption and organized crime. New York Times article here. A National Post article indicates that almost 5000 Mexican refugee claims were referred to the Immigration and Refugee Board, Refugee Protection Division in the first third of this year...

Ainp success

Posted on June 22, 2009
Ainp family stream. First applicant from last year. Interview waived. Medicals and passport requested. Sponsor is pleased.

Iranian Revolutionary Guard deported

Posted on June 17, 2009
This does not bode well for my client who also served in the Iranian Guard. However, I've had an opportunity to thoroughly review war crimes and crimes against humanity in a recent federal court matter and look forward to testing this issue if raised against my client...

Reforms for the live in caregiver program

Posted on June 17, 2009
Martin Collacut in a comment for the National Post calls for reforms to the live in caregiver program. Noting the problems in Punjab India specifically - which has over 160 'nanny schools' and surprising number of male applicants - he suggests that the LIC program be restricted to individuals that can qualify under the skilled worker stream...

Human trafficking on the increase

Posted on June 17, 2009
It appears that the global recession is increasing the incidence of human trafficking http://m.cnn.com/cnn/ne/world/detail/312935;.live4i

Roma refugees from Czech Republic

Posted on June 17, 2009
Conservative government finds it hard to believe that the Czech Republic is an 'island of persecution' in Europe http://www.nationalpost.com/m/story.html?id=1656792&s=Today's%20Newspaper

Ghost consultant sentenced

Posted on June 12, 2009
Baldev Pandher received an eighteen month sentence for submitting false/fraudulent documents to Citizenship and Immigration Canada. Additional details at CSIC website here. Pandher submitted fraudulent documents in support of his clients' application for sponsorship...

Brian Beresh

Posted on June 09, 2009
After the decision we stopped in on Brian Beresh. Brian is one of the top criminal defence lawyers in Canada and Bjorn had articled with the firm years ago. We had a celebratory beer and a chat with the other lawyers and got some great advice.

Stay application

Posted on June 09, 2009
Our application for a stay was granted by the Court today in Edmonton. The client had been scheduled for removal at midnight a few days hence, and the stay will ensure that he remains in Canada until the application for leave and judicial review with respect to the prra decision is decided...

Twitter

Posted on June 09, 2009
I am trying out twitter. Follow me at www.twitter.com/Raj_Sharma_imm

Yellowpages Video

Posted on June 07, 2009
Our new yellowpages advertisements is live and can be found here.

Bill targets early parole

Posted on June 06, 2009
The Conservative government has taken aim to end the faint hope clause that allows convicted killers chances for release after 15 years. The legislation is important to me for personal reasons and of peripheral importance to immigration - but does underscore the emphasis on law and order issues by this government...

Lawyers Gone Bad

Posted on June 02, 2009
I'm reading Lawyers Gone Bad by Philip Slayton. While he acknowledges that 'only a few lawyers are dishonest' he believes that the ones detailed in his book and their stories provides insight into both the legal profession and the practice of law. I'm not so sure...

Success

Posted on June 01, 2009
I have just received a positive decision on a refugee claim against Mexico. I'm studying the decision to ensure that the relevant principles are referenced in my subsequent hearings concerning Mexico.

Refugee claim

Posted on May 27, 2009
Just finished a refugee claim. This claim involved a claim against Denmark and arose as a result of the Mohammad cartoon incident. The presiding member had previously practiced immigration law and had an obvious grasp of the relevant legal issues - it was a pleasure appearing before her.

Fighting Deportation

Posted on May 22, 2009
Calgary Herald Article Here. Excerpt: The lawyer for a reputed gang member who has been fighting deportation to Vietnam since 2004 argues he is not stalling by filing for a judicial review of his client's latest deportation order. Raj Sharma, who represents Jackie Tran--whose formal name is Nghia Trong Nguyen-Tran--filed paper-work Thursday to the Federal Court of Canada requesting a review of the decision last month by the Immigration and Refugee Board...

Applications for Leave and Judicial Review

Posted on May 21, 2009
I was before the Federal Court yesterday on two applications for leave and judicial review. One involved a refusal by a visa officer of what can be termed an 'overseas humanitarian and compassionate application'. In essence, family in Canada sought to bring their widowed sister-in-law/daughter-in-law and their nephew/grand-child...

Ruby Dhalla and nanny gate

Posted on May 12, 2009
Dhalla was before a Parliamentary Committee today. Two concerns need to be balanced: 1. Individuals in Canada on temporary status often say and do anything to remain in Canada. Exhibit A: Karlheinz Schreiber. 2. Nannies or live in care givers are vulnerable to exploitation...

Labeling gang members

Posted on May 12, 2009
I was interviewed yesterday by CBC on the Calgary Police Service comments on identifying gang members...and by Global at noon today on the same topic. In my opinion, a label as prejudicial as 'gang member' should only be applied in the clearest of circumstances given the prejudice that can result.

Colombian War Crimes/Crimes Against Humanity Research

Posted on May 09, 2009
I've come across some notes from the Federal Court matter I handled last month. In that situation, the applicant was a member of the Colombian armed forces and was excluded from refugee protection. A decision has not yet been made. The Refugee Convention is inapplicable where "serious reasons" (see Sivakumar -- less than balance of probabilities and more than suspicion) exist if applicant committed crimes against humanity (see Article 6 of International Military Tribunal ...

Nanny Gate - MP accused of exploiting foreign workers

Posted on May 08, 2009
Global News Video. Allegations have been made against Ruby Dhalla - a Liberal MP - accusing her of exploiting foreign workers hired as live in care givers for her mother. A third "nanny" has come forward.

Google Profile

Posted on May 03, 2009
Link to my Google Profile here.

Posted on May 03, 2009

Why hire us?

Posted on May 03, 2009
I realise that there are a number of options that can be availed when searching for professional representation. What sets us apart is not just our knowledge and experience in this area. Its personalised service; the file will not be bounced from one paralegal to another...

Loksat radio program

Posted on April 27, 2009
Just finished a radio interview with Dan Sidhu on FM 94.7 on the topic of inadmissibility and removal of permanent residents from Canada. The interview was mostly in Punjabi and in a call in radio format.

'Appealing' a decision

Posted on April 24, 2009
The media tend to simplify the legal process. An application for judicial review is not an appeal on the merits but merely a request to the court to review a decision to ascertain reviewable errors.

Reprieve and the Federal Court

Posted on April 24, 2009
I am currently working on a Federal Court application in respect of the dismissed appeal of my client. An application to the Court is not quite a reprieve, but offers an individual an opportunity to review administrative action.

Immigration Marriage fraud

Posted on April 23, 2009
Just watching Jason Kenney on Canada AM discussing immigration fraud - using marriage to a Canadian citizen or permanent resident to gain entry into Canada. Kenney indicates that emphasis is on prevention. Kenney points out the in depth immigration interviews...

The Access To Justice Award

Posted on April 20, 2009

Live blogging the CBA immigration and citizenship conference part 4

Posted on April 18, 2009
Workshop: Criminality Redefined. Used to be: looked at total period of incarceration including pretrial custody at the rate imposed Now Mathieu - decided in non immigration context. Held that sentencing includes only actual sentence imposed does not include pretrial custody...

Integration and Tamil Canadians

Posted on April 18, 2009
Article today in the Globe and Mail about the protests by Tamil Canadians. Jason Kenney has his work cut out for him.

Live blogging the CBA immigration and citizenship conference part 3

Posted on April 18, 2009
Its Saturday morning. Last night was a raucous affair involving a Sarah Palin look alike and Brad Hardstaffs band, I'm taking in a workshop detailing the CEC (the Canadian Experience Class). There are clear rationales and benefits to Canada. Reduced settlement costs is one...

Ian and me

Posted on April 18, 2009

Live blogging the CBA immigration and citizenship conference part 5

Posted on April 18, 2009
Workshop on detention reviews. Interesting presentation. The panel, which includes Leann King, a member of the Immigration Division, is a mock detention review proceeding using an actual transcript. Waren Creates - who has written a paper 'detained and terrified'- has brought up a good point regarding providing an affidavit or information about bonds persons and their relationship with the detainee, where the detainee would be residing after release, their particulars and details of assets, and the level of suasion they have over the detainee.

Discussing blogs

Posted on April 17, 2009
I'm talking to Henry Beaumount QC about blogs. He seems very interested. This is a demonstration.

Live blogging the CBA immigration and citizenship conference luncheon

Posted on April 17, 2009
The Chair of the IRB is recognizing the contributions of David Matas by way of an Achievement Award. He has also been awarded the Order of Canada. Matas is eloquent in his acceptance. He sees the recognition as an affirmation of the importance of immigration law to Canada...

Live blogging the CBA immigration and citizenship conference part 2

Posted on April 17, 2009
Workshop 2C: Representations on Misrepresentations. Vancouver counsel Gordon Maynard always presents well and has a depth of knowledge in this area. Language of term 'withholding' in the act. Does it add a new duty of disclosure? Is there an obligation to volunteer information? Not limited to situations where no questions are asked...

Live blogging the CBA immigration and citizenship conference part 1

Posted on April 17, 2009
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...

The inestimable David Matas

Posted on April 17, 2009

Rozler (?) - should someone be

Posted on April 17, 2009
Rozler (?) - should someone be prevented from relying on evidence because of timeliness?

Access to justice awards

Posted on April 16, 2009
I just attended and received the award at the Westin a couple of hours ago. I was supposed to be on a flight right now, but the powers that be have dictated otherwise - the flights been delayed an hour and half. Once we get in we'll grab a shuttle to Whistler...

Jason Kenney

Posted on April 15, 2009
The Minister spoke in Calgary recently. He touched on the recent surge in Mexican refugee claims...but did not seem to acknowledge the situation in that country that is causing so many to flee: On a separate matter, Kenney said he's concerned about a growing trend of illegal immigration from Mexico that saw nearly 10,000 refugee applications from Mexican nationals in 2008, with about 90% of those applications rejected by the Immigration and Refugee Board...

Another view

Posted on April 09, 2009

New office space...

Posted on April 09, 2009
Spending most of the morning looking at a new office space.

New space

Posted on April 09, 2009
Things have progressed beyond our expectations. We simply have run out of space. After thinking about location, convenience for both the clients and ourselves and an attempt to gauge our growth over the next few years we are close to a decision to secure new space...

Canadian denied right of return

Posted on April 04, 2009
In a web exclusive commentary at the Globe and Mail, Irwin Cotler, makes a compelling case for allowing Abousfian Abdelrazik to return to Canada. At the National Post, the cause has been taken up by Chris Selley at Full Comment, who makes the following points: Yesterday, the latest chapter in the Sudanese-Canadian?s mind-boggling six-year struggle to return home unfolded as many had ruefully predicted...

US waiver of inadmissibility and Canadian TRP and rehabilitation

Posted on April 03, 2009
The increase in database and information sharing between the US and Canada has resulted in old criminal records resurfacing and preventing travel between the two countries. For a US national with a criminal record seeking to enter Canada the solution is a TRP or an application for criminal rehabilitation...

2009 Access to Justice Awards

Posted on March 31, 2009
I am honoured (and humbled) to be chosen as the 2009 recipient of the Legal Aid Alberta Access to Justice Award for the Calgary region. Access to Justice is a very important issue, and the staff of the Legal Aid Society of Alberta should be recognized and commended for their daily commitment to this ideal...

Fraud warning

Posted on March 30, 2009
It looks like the federal government is now warning against the plethora of immigration scams that abound in both Canada and abroad. I've met with many individuals who have paid thousands to unscrupulous individuals many of whom continue to advertise in ethnic community newspapers...

Multiculturalism

Posted on March 29, 2009
National post has a story on Jason Kenneys 'muscular multicultualiam' (see todays post A6). He has expressed a hard line against US military deserters and George Galloway. He's had a public spat with the Canadian Arab Federation and has expressed concerns regarding Canadas refugee determination system and the language proficiency of prospective immigrants...

Vancouver

Posted on March 27, 2009
In the beautiful (but presently cloudy) city of Vancouver. Will be back in the office on Monday.

UK "Memorandum of Conviction"

Posted on March 24, 2009
I finally figured this out. CHC London often requires a ?memorandum of conviction? for a criminal rehabilitation. I spoke to two UK lawyers/barristers who assured me that this term had no meaning in the UK. Fortunately, a client was able to point me in the right direction...

Mexican Refugee Claims Jump In Calgary

Posted on March 23, 2009
Recent CBC article here indicates the jump in refugee claims from Mexico in Calgary (with the director of a non-profit suggesting it was due to the existence of a direct flight from Mexico City to Calgary). My own experience and what I've heard from other immigration lawyers here suggests the same - Mexico is the top source country (perhaps followed closely by Haiti)...

George Galloway

Posted on March 23, 2009
British MP George Galloway has been deemed inadmissible to Canada. Recent Macleans article here. Interestingly, veteran immigration lawyer Barbara Jackman is representing Galloway's challenge to the decision. Article here. CIC Minister Kenney asserts that Galloway is not being denied admission into Canada for words, that he is instead being denied because of his deeds...

Name this lawyer

Posted on March 18, 2009
A semi famous criminal lawyer who wears colourful socks. Hint: its not Bjorn

Happy St Patricks Day

Posted on March 17, 2009
A nice ending to a long day.

Criminal charges and deportation

Posted on March 15, 2009
Last week we presented before the Criminal Defense Lawyers Association of Calgary. The critical issue was establishing that a permanent resident sentenced to two years would lose his right to appeal his removal order based on criminality. We also discussed the Khosa decision...

Disparity in Refugee Determination

Posted on March 11, 2009
Sean Rehaag, an Associate Professor at Osgoode Hall, has obtained data via Access to Information Requests with respect to the determinations made by tribunal members of the Immigration and Refugee Board. Confirming anecdotal information based on experience, Rehaag indicates wide disparities in outcomes...

Justice Morris Fish

Posted on March 09, 2009
I'm impressed with the lone dissent in the recent Khosa decision, Justice Fish: "So much cannot be reasonably made of so little." I'm coming to that same conclusion after review of the voluminous material for this mornings judicial review. There appears to be little or no credible evidence in support of the RPD decision and the analysis (in my view anyway) was fundamentally wrong...

Done...

Posted on March 09, 2009
The judicial review was heard before Justice O'Keefe this morning. It was a lengthier and more complex argument than usually the case. I enjoyed understanding the principles underlying complicity and crimes against humanity - even if it took most of my weekend...

Sukhvir Singh Khosa

Posted on March 07, 2009
I doubt that any immigration practitioner would have imagined that Sukhvir Singh Khosa's IAD appeal would reach the Supreme Court of Canada. The 2004 decision was heard by a three member panel. It appears that Khosa's failure to show sufficient "insight" was a major issue for the majority decision:23 Counsel for the appellant made lengthy submissions contending that it isnot the function of the Division to mete out further punishment to thisappellant for his offence...

Article 1fa

Posted on March 07, 2009
Just preparing for an appearance before the federal court on Monday. The matter involves judicial review of a decision by the refugee board excluding my client because of alleged complicity in a war crime. Its an interesting and complex area of refugee law.

Street Racer Ordered Deported

Posted on March 06, 2009
Sukvir Singh Khosa has lost his bid to remain in the country. The Supreme Court, in a 7-1 ruling, reaffirmed the original IAD decision ordering his deportation. The decision has important implications for judicial review of IAD and other IRB decisions...

Canada brings deported gangster back "home"

Posted on March 01, 2009

Deferral of Removals for Spouse or Partner In Canada Class

Posted on February 25, 2009
The Spouse or Common-law Partner In Canada Class is a welcome relief to many, allowing them to remain in Canada while being sponsored. There are some drawbacks, such as the increased processing time and the fact that there is no appeal to the Immigration Appeal Division of a refusal...

CSIC Complaint

Posted on February 25, 2009
I've just filed two complaints with the Canadian Society of Immigration Consultants against one of their members. I've heard of issues surrounding CSIC governance, but look forward to seeing for myself whether they have adequate safeguards in place for the protection of the public...

Overseas H&C

Posted on February 25, 2009
We've just received leave from the Federal Court in respect of a Judicial Review application. The JR was for a refusal of an "overseas H&C". I'm looking forward to appearing before the Court and gleaning additional information regarding the nature and scope of the visa officer in reviewing such applications...

Toronto

Posted on February 19, 2009
I'm in Toronto for some classes for my LLM. The course 'The Law of Inquests' is taught by Tom Schneider. Having read the material provided, I find it an interesting inquisitorial process with clear connection to criminal law and procedure. I'll be back in the office Monday morning.

Harry Hays...

Posted on February 14, 2009
I was at Harry Hays yesterday and couldn't help but feel sorrow over the Algerian national who had set himself on fire. Did the system fail the individual? Was his actions precipitated because of a genuine risk on return to that country that wasn't recognized by Canada? Or was he simply in a fragile condition as a result of his immigration status and other circumstances? I don't know, but hope that a spirit of compassion is imbued with all of the stakeholders towards the 'clients'.

Immolation in front of Harry Hays

Posted on February 12, 2009
A man, apparently upset over a deportation back to Algeria, set himself ablaze in front of Harry Hays today. Deportation from Canada is naturally disconcerting - especially if you've been in the country for years, and you are convinced of danger upon return...

ADR and spousal refusals

Posted on February 11, 2009
I've had another positive experience with the ADR program here in Calgary. The ADR seeks to divert certain cases that may be amenable to early resolution. Frequently its because the visa refusal is weak or there are only a couple of issues to be canvassed...

IRB consultative meeting

Posted on February 10, 2009
An IRB consultative meeting was scheduled for Monday, February 9, 2009 at the IRB office in Calgary. The meeting was chaired by Kim Workun, Assistant Deputy Chairperson for IAD, and Ross Pattee, Assistant Deputy Chairperson for RPD. The objective of the meeting was to discuss issues pertaining to IAD and RPD hearings in Calgary...

New RPD Members for Calgary

Posted on February 07, 2009
After a substantial amount of time where there was only one lonely Member of the Refugee Protection Division in Calgary, it appears that Ms. Adhopia, Ms. Kingma, Ms. Narula, Mr. Tkachuk and Ms. Walker will be determining refugee claims in Calgary. Here's a brief statement of each of the new Members, found on the CIC website:Prior to her appointment to the Board, Ms...

Retirement Celebration at the IRB

Posted on February 03, 2009
Today was the retirement celebration of Mr. Paul Kyba, Member of the Immigration Division, and Ms. Marnie Armstrong, Member of the Refugee Protection Division. Paul was with the Public Service for 35 years, 27 of which he was a Member (formerly known as an Adjudicator) with the Immigration Division...

Canadian Citizenship

Posted on January 23, 2009
I was contacted today by a very nice gentleman who has been denied his Canadian passport. Born on a Canadian military base abroad to Canadian parents, he returned to Canada when he was still a toddler. Raised and educated here, he also served this country in the armed forces...

...But Defeat Is An Orphan

Posted on January 22, 2009
I've obtained leave on a number of applications for judicial review (these applications were generally filed in October/November 2008). Unfortunately, I've had to file an application for leave and judicial review with respect to the application to vacate (where I attended at the RPD offices in Montreal last year)...

Victory has a hundred fathers...

Posted on January 21, 2009
I'm happy to report that my client's claim for protection was accepted by the Refugee Board last week. One of the issues that arose was the issue of 'nexus'. In essence there must be a logical connection between one of the enumerated grounds of protection (race, religion, nationality, membership in a particular social group and political opinion) and the harm/persecution...

The IRB

Posted on January 15, 2009
I'm back at my old stomping grounds. The IRB will be moving soon and this may be one of my last trips to the fording place building. This afternoons proceeding is by way of video conference and the claim is against Nicaragua. Wish my client luck. Raj Sharma Barrister & Solicitor Suite 204, 1228 Kensington Rd NW Calgary AB T2N3P7 T:403-705-3398 F:403-705-3406 E: raj@immigrationpractice...

Merry Christmas!

Posted on December 25, 2008
Just wanted to post my best wishes to my readers and of course thank all of my clients for allowing me the opportunity to assist them this past year. The work this year included: removal order appeals based on criminal inadmissibility and misrepresentation, submitted PRRAs, NAFTA TN applications, refugee hearings, family sponsorships, spousal appeals, work permits, emergency stay application before the federal court and both overseas and inland humanitarian and compasionate applications...

IRB Resources

Posted on December 21, 2008
Process for Making a Refugee Claim.Admissibility Hearing Process.Detention Review Process.Sponsorship Appeal ProcessResidency Obligation Appeal Process.

CSIS involved in wiretapping solicitor-client conversations

Posted on December 20, 2008
I was at Goodwin McKay's Christmas party last week and ran into Kelly Sundberg, formerly with the CBSA. Kelly is now a PhD candidate and an instructor with the Department of Justice Studies at Mount Royal College. He also has a forthcoming book discussing the changes in Canada's border security (due out later this next year)...

WebValuer.org ...

Posted on December 16, 2008
I came across Webvaluer.org, an interesting site, when I was checking out WebWorkerDaily. It essentially "values" your site. Comparing my blog with the web sites of various Calgary law firms was interesting. Here's my valuation: My site is worth$1,018 Here's the valuation of Burnet Duckworth & Palmer, with over 100 lawyers and an online presence since 1995: My site is worth$615 Here's the valuation of Bennett Jones: My site is worth$231 The internet appears to live up to its reputation as the great equalizer - allowing innovative businesses who can provide on-line value and hold their own against much larger...

Detention Review

Posted on December 12, 2008
Preventive detention should be exceptional means of restraint in a society such as ours. In certain circumstances, foreign nationals can be placed in preventive detention if there are grounds to be believe that they are a danger to the public,...

Federal Court Appearances

Posted on December 08, 2008
I've appeared before the Federal Court on a number of occasions. I was going through some of the reported decisions, and remember the work that was involved in getting them before the Court. I find Federal Court practice very challenging,...

Appeals from a refused spousal sponsorship

Posted on December 07, 2008
When a spousal sponsorship (overseas) is refused, it is generally on the basis that the relationship is not genuine or was entered into primarily for the purposes of immigration to Canada (otherwise known as a "marriage of convenience"). The statutory...

IELTS and skilled worker immigrant class

Posted on December 03, 2008
I've been approached by a couple of rejected applicants under the skilled worker class. These individuals chose not to submit an IELTS exam and decided instead to provide other documentation to establish their language proficiency. Where the applicant is from...

All work and no play...

Posted on December 02, 2008
At the hockey game between the flames and dallas. Couldn't resist a post. Perhaps knowledge of our national game is useful to prospective immigrants? Sent from my BlackBerry® wireless device

Skilled worker - ministerial instructions

Posted on December 01, 2008
The recently announced ministerial instructions regarding the skilled worker immigrant class may be short lived. If the current government falls (which is a distinct possibility) these 'instructions' will not govern the handling of new applications received under this class.

Troubled times for immigrants

Posted on December 01, 2008
As I've said many times in the past, immigrating to another country is not easy. As the son of immigrants, I saw it first hand. There were more struggles before my birth, and my parents provide me with great perspective...

Skilled Worker Class - Restricted to 38 Occupations

Posted on November 28, 2008
News Release on the new instructions on processing skilled worker immigrant applications. Globe and Mail article here. From the CIC website... Is my application eligible for processing?In order for your application to be eligible for processing, you must either: have...

New Refugee Notification Procedures (Calgary)

Posted on November 25, 2008
In the course of attending with my client to make notification for a refugee claim, I learned of a change in procedure. The change in procedure emphasizes the provision of information and documents up front, and should address a situation...

The Immigration Appeal of Jackie Tran

Posted on November 23, 2008
Jackie Tran, an alleged gang member has been going through the deportation process for some time. Tran, a permanent resident of Canada, and a national of Vietnam was ordered deported in 2004 after an assault and drug trafficking conviction. He...

Mexican/Haitian Refugee Inflow

Posted on November 23, 2008
In my own practice, I've noticed a marked increase in the number of Mexican and Haitian refugee claimants. A Toronto Sun article indicates almost 20,000 Mexican and Haitian refugee claims are pending determination by the Immigration and Refugee Board.

In Canada Spousal Sponsorship Interview

Posted on November 22, 2008
I was meeting with a couple who had submitted an "In Canada" spousal sponsorship. A full interview has been scheduled for this week, and I was trying to impart the various concerns of the immigration officer.While one cannot predict all...

Criminal Rehabilitation/TRP

Posted on November 22, 2008
Canada welcomes tens of thousands of visitors each and every year. However, a number of individuals may be inadmissible to Canada and may encounter difficulties securing entry. Individuals convicted of various crimes may be inadmissible to Canada. Such inadmissibility is...

Claiming refugee status in Canada

Posted on November 22, 2008
Claiming refugee status in Canada entails the following: Notification of a claim (either at the airport, an in-land office, or another port of entry). Eligibility hearing (conducted by Citizenship & Immigration Canada) and is necessary to determine whether the claim...

AINP Family Stream

Posted on November 22, 2008
I've submitted a number of applications under the AINP family stream which allows a resident of Alberta (at least 2 years) to sponsor, or assist, the permanent resident immigration of an uncle, aunt, brother, sister, niece or nephew.While there are...

Refugee Roulette

Posted on November 13, 2008
I was reading an article by Edward C. Corrigan in ImmQuest, Vol 4. Issue 11 November 2008. Edward discussed legal aid and refugee claims. Ontario's Legal Aid Certificate provides a fixed rate per hour (depending on the experience of counsel)...

Criminal prosecution under the IRPA

Posted on November 07, 2008
On Wednesday I was at a Calgary bar association event where I jokingly assured a provincial court judge that in all likelihood I would never appear before him or the provincial court. Lo and behold this morning I was before...

60 Refugee found dead on Yemen Beach

Posted on November 03, 2008
The universal human drive to better one's life resulted in tragedy. The bodies of 60 would be refugees were found on a Yemen beach. Article here.Canada's geography generally eliminates treacherous sea and land crossing (but it has been known to...

The Stay...

Posted on November 02, 2008
...was not granted. While being disappointed for my client, a stay is an 'extraordinary' remedy and the client was apprised of the chances beforehand. Unfortunately, and for reasons that can't be expanded upon, the client was in the unenviable position...

The stay application

Posted on October 27, 2008
The motion record was filed today and served on the respondent by fax. The court has advised that the application will be heard by Madam Justice Snider at 11 am Wednesday. Fundamental to the stay is the nature and scope...

Emergency stay applications.

Posted on October 25, 2008
I've posted on this topic before, and now I am again in the midst of putting together what is termed an emergency stay application. The client is facing the execution of a removal order and is scheduled for a flight...

Solo and small firm conference

Posted on October 21, 2008
I attended the solo and small firm conference out on by the Legal Education Society of Alberta last Friday. The conference was interesting in the sense that many of the innovations we've implemented were being talked about. One major initiative...

Refugee camp in Calgary

Posted on October 19, 2008
A mock refugee camp was set up in downtown Calgary last month. Canada is already one of the more generous asylum granting countries in the world. Unfortunately, millions continue to be uprooted by war and instability. A number of elementary...

Federal court

Posted on October 18, 2008
This month has been very busy in terms of federal court applications. I have filed a number of applications in respect of 117.9.d refusals. Remember that an appeal to the IAD on such matters is unlikely to succeed. The only...

Julie Couillard, Member of the Immigration and Refugee Board?

Posted on October 02, 2008
I was reading a globe and mail article - Christie Blatchford sat down with the (in)famous Julie Couillard, when the following leapt out at me: The truth of her, or part of it, is that she is a ruthless pragmatist:...

Security Interview

Posted on September 30, 2008
This morning my client was called in for an interview which was conducted by an officer with the Canadian Security Intelligence Service.I attended, and in response to my question regarding the underpinning authority for such an examination, was advised that...

The "Truth" About Immigration

Posted on September 29, 2008
Another article discussing the immigration cost benefit analysis. James Bissett, in an article in the Vancouver Sun, is among those that are emphatic in opposing increases to current immigration levels. Arguing that the cost of immigration exceeds funds spent on...

IAD - Tips from the Assistant Deputy Chairperson

Posted on September 24, 2008
Today's section meeting at the Immigration and Citizenship Law - South (CBA) was an interesting one where Kim Workun, ADC of the IAD gave a presentation. She spoke about: 1. The role of the IAD in the appeal process 2....

Deserter Wins Reprieve

Posted on September 22, 2008
Jeremy Hinzman wins a reprieve - obtaining a stay of his deportation order. Hinzman's counsel, Alyssa Manning, argued that outspoken critics of the US invasion of Iraq faced harsher treatment than other deserters. It appears that fellow deserter Robin Long...

Canada: Sucker Nation?

Posted on September 14, 2008
Article by Diane Francis in the National Post discusses a publication by immigration lawyer Richard Kurland and reviews various immigration scams:...several are based on the type of phony residency scams that I wrote about, pulled off by so many "owners"of...

Exploited foreign workers

Posted on September 13, 2008
Temporary Foreign workers face more than issues that all other, (permanent) immigrants to Canada come across. Given their limited rights at employment mobility and a lack of proficiency in Canadian due process, they constitute a vulnerable group of people...

'Bad Consultant Hotline' set up in Ontario

Posted on September 13, 2008
Interesting article found on the South Asian Focus - a publication serving the south asian community of Brampton. It seems that immigrants and propective immigrants are continuing to be the victims of so called immigration consultants. Criticism of CSIC was...

On Vacation...

Posted on September 05, 2008
In beautiful Hawai'i right now and will be back in the office next week!

I just returned from Montreal after

Posted on August 27, 2008
I just returned from Montreal after attending for a hearing - an Application to Vacate Refugee status. For a change, I thought I would include some pictures in the blog. Here's a picture of the IRB office entrance - at...

s.117(9)(d), the IAD and applications under s.25

Posted on August 19, 2008
I?ve come across another unfortunate situation involving the heavy handed operation of s.117(9)(d) of the IRPA. The fact scenarios are usually relatively straightforward in such cases. An individual applies for permanent residence and for some reason or another does not...

Application To Vacate Refugee Status

Posted on August 18, 2008
Next Monday I will be in the beautiful city of Montreal, QC to represent my client who is facing an application to vacate his refugee status. An application to vacate is generally rare, and is an application made by the...

How to obtain your US immigration file

Posted on August 15, 2008
On a number of occasions, I've had to request my clients to obtain their US immigration file. This usually occurs when the client has lived in the US for a number of years and has made an asylum claim there....

The Canadian Experience Class (CEC)

Posted on August 11, 2008
Here's some details regarding the long awaited CEC. The published regulations can be found here (Canada Gazette). Essentially, the CEC will be another arrow in the quiver to obtain permanent residency. The government has essentially acknowledged the failure of the...

Canada's Immigration Past...

Posted on August 04, 2008
This blog entry was originally posted on October 23, 2006. [Update: It seems that PM Harper has recently apologized for the incident in Surrey, BC - an apology that was apparently deemed inadequate by the attendees at the event. See...

Ottawa Citizen: "Time for an Immigration Time Out"

Posted on August 02, 2008
Margret Kopala greets the findings of two Canadian think tanks with "relief and some cause for celebration". The Fraser Institute and the Institute for Research on Public Policy address the thorny issue of immigration: No, Canada doesn't need to expand...

The Perils of Using Unregulated Immigration Consultants

Posted on July 19, 2008
Interesting article in the Toronto Star about the experience and difficulties some have encountered when dealing with unregulated immigration consultants. The article deals specifically with Sophie Boutzis and her 'firm' - Scot & Associates. The Star has a great piece...

Discretionary Relief and Remedies at the Federal Court

Posted on July 18, 2008
It is problematic to predict how a court will react to an appeal to its discretion. In judicial review of immigration decisions in Canada, unfortunately, there is no concept of ex debito justitiae, that is, there is no entitlement as...

20th Anniversary for Convicted Terrorist in Canada

Posted on July 16, 2008
Mahmoud Mohammad Issa Mohammad marks his 20th year in Canada. Article here. This despite the fact that he and another member of the Popular Front for the Liberation of Palestine hijacked an El Al commercial jetliner and killed an innocent...

Jamaican (criminal) deportees...

Posted on July 15, 2008
Having represented several permanent residents of Jamaican nationality facing removal from Canada, I found this article by Bernard Headley to be quite interesting. Through his research, Professor Headley has found that approximately 40,000 Jamaicans have been returned from various countries...

U.S. War Deserter set for Deportation

Posted on July 15, 2008
Robin Long - should his deportation be carried out as ordered - will be removed from Canada today. Long is a deserter from the US military and will be the first deserter to be removed from Canada. It appears that...

Omar Khadr - The Blogosphere Reacts

Posted on July 15, 2008
The National Post has put together a piece detailing the reaction of the blogosphere to the release of new video of CSIS agents interrogating Omar Khadr. National Post Link here. While the 'consensus' is a general condemnation (one notable comment...

Criminal Inadmissibilities and the TRP

Posted on July 14, 2008
I have just handled a number of files that involve criminal inadmissibility issues and gone through the process of obtaining a TRP for my clients that were deemed to be criminally inadmissible to Canada. In this case, we are taking...

AINP - The First Application is Off!

Posted on June 27, 2008
I'm pleased to say that my office has already completed and submitted our first AINP Family Stream application (the program was announced late last week). There is considerable interest and we are fielding calls on this topic daily. The submission...

New ? Alberta Immigrant Nominee Program ? Family Stream

Posted on June 26, 2008
Family stream - candidate eligibility An application under the Alberta Immigrant Nominee Program (AINP) - Family requires both a Sponsor and a Candidate. The following criteria must be met for the Candidate to be considered for a nomination to become...

Consequences of Misrepresentation ? IAD Appeals of Removal Orders

Posted on June 25, 2008
Earlier this week, I attended with my client before the Immigration Appeal Division, to appeal an Exclusion Order by the Immigration Division. The Exclusion Order was issued on the basis of a report by the Minister alleging misrepresentation on the...

Blacklisted - World Tamil Movement

Posted on June 17, 2008
Public Safety Minister Stockwell Day has announced that the World Tamil Movement is the newest addition to Canada's blacklist of terrorist organizations. The WTM is accused of being a front, or raising funds for the LTTE, aka the Tamil Tigers...

How to win a Refugee Claim: Representations/Submissions

Posted on June 17, 2008
In November 2003, I received training along with RPD Members on "RPD Reasons and Representations" from the IRB's Professional Development Branch. In retrospect, I realize that training was very useful in my reincarnation as a lawyer practicing before the RPD...

Indians, Pakistani visa applicants disproportionately hard hit

Posted on June 16, 2008
A Toronto Star article by Lesley Taylor for 13 June 2008 indicates that South Asian immigration applications are disproportionately affected by quotas/targets and immense backlogs. Excerpt: The quota, or target as Ottawa calls it, for the New Delhi office is...

Conservative Immigration Reform

Posted on June 10, 2008
June 10, 2008 Toronto Star Article on the Bill C-50 - which passed 120-90 despite opposition. While the Liberals oppose the legislation, they did not vote in sufficient numbers to forestall it. The reforms - for the most part -...

ELF '...Rebels Not Welcome' in Canada

Posted on June 10, 2008
National Post article, Monday June 9, 2008, indicates that members (or former members) of the Eritrean rebel group ELF have been determined 'inadmissible' to Canada by the CBSA. CBSA's actions have been challenged, apparently unsuccessfully in the case of Shewainesch...

Plenary II - Saturday, May 17, 2008 CBA Citizenship and Immigration Law Conference

Posted on June 01, 2008
Plenary II Canada & The World - Targets/Policy Directives - Are we Internationally Competitive? Howard Duncan Executive Head (Ottawa) Very interesting discussion by Mr. Duncan, who finds that overall competition for skilled workers/immigrants is not necessarily between us and Europe...

Plenary I - Friday, May 16, 2008 CBA Citizenship and Immigration Law CLE 2008

Posted on June 01, 2008
CBA CLE Plenary I - Major Trends in 2008 and Future Initiatives Unfortunately I've only walked in to hear part of Brian Goodman's (Chairperson, IRB) presentation. Mr. Goodman has gone over the Member "deficit" and of course the increased intake...

CBSA Hotline

Posted on May 25, 2008
Interesting Globe and Mail article discussing the high number of frivolous calls made to CBSA toll free hotline designed to collect tips on immigration violations (specifically suspicious cross border activity). The hotline may be of assistance to help safeguard Canadians...

Alleged Basque Terrorist Ordered Deported

Posted on May 25, 2008
It appears that Ivan Apaolaza Sancho, an alleged member of the Basque terrorist group ETA, has been ordered deported by the Immigration and Refugee Board. The news articles I reviewed haven't exactly defined which tribunal ordered the 'deportation' (one mentioned...

Crackdown on Marriages of Convenience

Posted on May 25, 2008
It looks as if Citizenship and Immigration is moving aggressively on marriages of convenience. A marriage to a Canadian citizen or permanent resident is one of the fastest, and many times is the only way for otherwise ineligible immigrants to...

Live Judicial Review Proceeding - CBA National Citizenship and Immigration Law CLE Conference

Posted on May 19, 2008
CBA National Citizenship and Immigration Law CLE Conference - May 16-17, 2008 Niagara-on-the-Lake, Ontario After sitting through an interminable workshop which was made intolerable not because of the panel, but because of an overzealous moderator who managed to turn an...

Consequences of Misrepresentation ? CBA National Citizenship and Immigration Law CLE Conference

Posted on May 19, 2008
CBA National Citizenship and Immigration Law CLE Conference - May 16-17, 2008 Niagara-on-the-Lake, Ontario May 15, 2008 I've just taken an opportunity to review some of the materials for the CBA Conference. Between watching the movie "Charlie...

IAD Workshop -- CBA National Citizenship and Immigration Law CLE Conference

Posted on May 19, 2008
CBA National Citizenship and Immigration Law CLE Conference May 16-17, 2008 Niagara-on-the-Lake, Ontario Workshop: Best Practices before the Immigration Appeal Division A paper prepared for the Conference by Shari A. Stein, A/Deputy Chairperson of the Immigration Appeal Division of the...

The Pros and Cons of ... Practicing Solo

Posted on May 08, 2008
I had the opportunity of being interviewed by Susan Hughes for an article for the 4Students publication of Canadian Lawyer Magazine some months ago. Link here. Excerpt (which sounds especially damning for practicing in a firm, which wasn't actually my...

How to make a refugee claim in Canada

Posted on April 23, 2008
The process to initiate a refugee claim/claim for protection in Canada is relatively straightforward. There is a lot of information about how Canada determines refugee protection on line. A starting point would be information on CIC's website here. Additional resources...

Devil's Advocate

Posted on April 16, 2008
Devil's Advocate If immigration is of a 'small benefit' to the United Kingdom could the same be true of Canada? A recent influential committee of the House of Lords indicates that immigration has had little or no economic benefit of...

Immigration 'small benefit' to the UK

Posted on April 07, 2008
Interesting BBC article here. I've noted before that the UK, in its approach to immigration and multiculturalism can often appear as a bellwether for Canada's own issues. It appears that a House of Lords committee has concluded that record levels...

Updated: Justice for Khadr

Posted on March 19, 2008
My own views on Omar Khadr have been evolving over time. I think that they've now crystallized: Omar Khadr should be returned to face justice in Canada - or face justice before a proper court in the US (their federal...

Updated: Segregation/Balkanization vs. The Canadian Mosaic

Posted on March 17, 2008
Just read a great article in the Toronto Star discussing Trevor Phillips, the 'controversial' leader of Britain's Commission on Equality and Human Rights - who believes 'too much tolerance of diversity' could lead to the [diasaster] of segregation: Phillips thinks...

Sigh...Canada tackles immigration reform

Posted on March 13, 2008
Canada's Conservative government will introduce a measure to address the massive immigration backlog (currently at 850,000+ and resulting in an average processing time of 4 years): National Post article. The article also excerpts a Fraser Institute 2005 report indicating that...

Bill Gates on US immigration reform

Posted on March 12, 2008
Interesting article discussing Bill Gates' recent appearance before the Congressional House Science Committee: The toughest sell was the position of Gates, and others in high tech industries, that Congress raise the current cap of 65,000 H-1B visas, nonimmigrant visas that...

'Canada's luster lost' (for Europeans anyway)

Posted on March 11, 2008
Interesting article from the Warsaw Business Journal that discusses the drop in European immigration to Canada, and the loss of Canada's 'luster': ... During the past five years, European immigration to Canada has dwindled, even as overall immigration to Canada...

Canadian Live in Caregivers - Also known as Nannies...

Posted on March 03, 2008
Great article in the National Post on the trials and tribulations for Filipina nannies who leave their own families 10,000 km behind to care for someone else children. Excerpt: It's a bleak January morning in a Don Mills cafe when...

Low Income Cut Off

Posted on February 28, 2008
Effective until December 31, 2008 1 person (the sponsor) $21,202 2 persons $26,396 3 persons $32,450 4 persons $39,399 5 persons $44,686 6 persons $50,397 7 persons $56,110 More than 7 persons, for each additional person, add $5,713

Canada - "A haven for villains"????

Posted on February 23, 2008
A critical article in the Economist regarding Canada and its 'lax' abd 'dysfunctional' immigration and refugee policy. The article points at Canadian refugee claimant Ahmed Ressam and the current backlog of 50,000 individuals against whom removal orders are pending: ...

Segregation/Balkanization vs. The Canadian Mosaic

Posted on February 14, 2008
An interesting article by Scott Young. He argues that the official policy of multicultarlism - that immigrants/minorities can retain their cultural heritage is coming at the expense of integration, resulting in the 'balkanization' of Canada: Unfortunately, attempting to reveal the...

Time for an Amnesty for Illegal Immigrants in Canada?

Posted on February 12, 2008
Is it time to allow those individuals who have been residing illegally in Canada to become legal residents - or to allow them some pathway to legal status? At present, other than a limited recourse under ?humanitarian and compassionate? considerations...

Deep seated problems in immigration...

Posted on February 12, 2008
Liberal MP Jim Karygiannis, using information obtained through the Access to Information Act, has revealed great disparities in how immigrants are processed from country to country. While he naturally criticizes the Conservative government, it should be noted that it was...

Violent Refugee Released

Posted on February 09, 2008
Paula Simons writes on a violent refugee, Samuel Martin Luin, who after completing his sentence for raping a woman in Edmonton, was released from detention by Immigration Division Member Paul Kyba. It would appear that the CBSA failed to apply...

Lawyer or Saint?

Posted on February 07, 2008
This poor lawyer gets punched in the face by his client - more surprising is his Gandhian ahimsa reaction captured on camera: http://www.msnbc.msn.com/id/21134540/vp/22887499#23044874

Canadian Jailed in India on Visa Violation

Posted on January 29, 2008
Canadian Saul Itzhayek has been jailed and sentenced for 3 years for entering India without a visa from Nepal. Imprisoned in the Bihar city of Motihari, Itzhayek has already been incarcerated for 8 months - with, what he claims is...

Failure to Deport Singh resulting in Loss of Morale

Posted on January 22, 2008
It appears that the inability to deport Laibar has taken a toll on CBSA enforcement officers: As first reported in The Globe and Mail this week, Mr. Moran has expressed concerns about the suggestion that the case of Mr. Singh...

Basque Terrorist Fights Deportation

Posted on January 22, 2008
Ivan Apaolaza Sancho, a suspected Basque terrorist is fighting to stay in Canada. Accused of participation in 2 attempted car bombings, Sancho's counsel intends to put the Spanish government "on trial" to keep his client in Canada. National Post Article...

Former Live in Caregiver Murdered

Posted on January 22, 2008
The life of an immigrant is never easy. A newcomer to Canada leaves behind his or her family, friends, home and familiar environs in hopes of a brighter future in this country. There are many success stories - especially tragic...

Top Canadian Immigration News Stories for 2007

Posted on December 25, 2007
In the spirit of the end of years' ubiquitous top ten lists, I present my own (in no particular order) take on the top immigration stories for 2007: The Death of Robert Dziekanski. Dziekanski, a Polish immigrant, who the RCMP...

Bias in the Canadian Consulate in India?

Posted on December 18, 2007
Apparent comments by Brian Hudson, chief visa officer in India have upset a delegation of Canadian college and university leaders who visited India this month (Globe and Mail article): "[Mr. Hudson] said he did not understand why the heck we...

Violent Refugee Released

Posted on December 16, 2007
Paula Simons writes on a violent refugee, Samuel Martin Luin, who after completing his sentence for raping a woman in Edmonton, was released from detention by Immigration Division Member Paul Kyba. It would appear that the CBSA failed to apply...

Aqsa Parvez

Posted on December 14, 2007
A number of comments and conclusions have been drawn as a result of Aqsa Parvez' murder. Suffice to say, the vast majority condemning Muslims in general, and extending to discussions regarding the Muslim immigrant population and restricting immigration of Muslims...

Updated: The Deportation of Laibar Singh

Posted on December 10, 2007
Laibar Singh's sojourn in Canada has taken another twist. The Vancouver Sun reports that Singh's supporters may be backing off on their public pledges to support and care for him as long as he remains in Canada. Singh had been...