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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

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...

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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...

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