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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

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

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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

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.

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