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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

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...

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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...

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