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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: 2.9/day

Last Entry: March 30, 2011 at 23:40:24

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...

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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.

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