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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

Recent Federal Court decision by

Posted on October 02, 2010
Recent Federal Court decision by Justice Zinn - great overview of deference owed to decisions by the Immigration Division in terms of detention reviews: http://decisions.fct-cf.gc.ca/en/2010/2010fc964/2010fc964.html

RPD Oral Decision Overview

Posted on September 29, 2010
How the RPD Member will be structuring oral decisions (based on training received when I was a RPO in November 2003): rpd oral decisions brought to you by Livescribe

All Work and No Play ...

Posted on September 26, 2010

Convention Refugee Framework of Analysis

Posted on September 22, 2010
Framework of analysis - very handy for refugee claims cr framework of analysis brought to you by Livescribe

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A month in the life of ...

Posted on September 15, 2010
My calendar for September ... sept calender brought to you by Livescribe

Sharma Harsanyi Opens Vancouver Office

Posted on September 12, 2010
Sharma Harsanyi has expanded to the beautiful city of Vancouver BC. The office is located in Coal Harbor, at Suite 1410 - 1130 West Pender. Telephone: 604-210-1816. The focus of the Vancouver office will be primarily immigration litigation - refugee hearings before the Refugee Protection Division, immigration/sponsorship/removal order appeals before the Immigration Appeal Division, and Federal Court matters.

Spousal sponsorship appeal - factors considered by the Immigration Appeal Division

Posted on September 09, 2010
Just returned from the IAD. Appeal against a refusal by an overseas visa officer to issue a permanent resident visa to my client's wife. Visa officer had felt that the relationship was not genuine, or was entered into for the purposes of acquiring a right/status under the Act...

Maldonado -- reads in part as follows:

Posted on September 07, 2010
Maldonado -- reads in part as follows: ?When an applicant swears to the truth of certain allegations, this creates a presumption that those allegations are true unless there be reason to doubt their truthfulness? ...

Alnoor Kassam's admissibility hearing (or 'immigration inquiry')

Posted on September 07, 2010
Review of admissibility hearing of mayoral candidate Alnoor Kassam

Psychological considerations on the concept of atrocity and the compelling reasons exception

Posted on September 04, 2010
I am working on a paper with Dr. Hap Davis IV on the psychological considerations on the concept of atrocity and the compelling reasons exception contained in the Immigration and Refugee Protection Act. A ?Compelling Reason? is an exception under Canada?s Immigration and Refugee Protection Act...

'Usual practice' of immigration

Posted on September 03, 2010
'Usual practice' of immigration officer is sufficient evidence of conduct: 20 Ms. Burrows, now a senior officer with the Department of Citizenship and Immigration, has been an immigration officer for 20 years. Ms. Burrows testified that her usual practice when recording applicants' answers is to put a "check-mark" in the appropriate "Yes" or "No" box that corresponded to the question on the application form...

To Whom It May Concern: The United

Posted on September 02, 2010
To Whom It May Concern: The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to Legal Blawgs. The Library of Congress preserves the Nation's cultural artifacts and provides enduring access to them...

The test for mandamus ...

Posted on August 29, 2010
One of the remedies that can be granted by the Federal Court is mandamus. The Court can essentially compel the relevant decision maker/administrative tribunal to do something. Usually, this remedy is sought because the government/decision maker is refusing to do something -- such as not landing an individual despite an application for permanent residence that has been filed ...

Principles underlying humanitarian and compassionate decisions...

Posted on August 29, 2010
Immigration officers deciding on applications filed on humanitarian and compassionate grounds need to have regard to administrative principles. These are contained within the operational manuals: 4. All the evidence An officer should consider and weigh all the relevant evidence and information, including what the applicant and the officer consider to be important...

Fairness ...

Posted on August 29, 2010
The Lord Chief Justice of England, Lord Parker CJ made the following pronouncement in Re H.K., [1967] 2 QB 617, which concerned the admissibility of what we would term a foreign national into Britain ?he [an immigration officer] must at any rate give the immigrant an opportunity of satisfying him of the matters in the subsection, and for that purpose let the immigrant know what his immediate impression is so that the immigrant can disabuse him...

Failure to declare cash when entering Canada...

Posted on August 29, 2010
Client failed to declare cash when entering Canada. The amount exceeded $10,000. Unfortunately, there are a number of aggravating circumstances; including the fact that the client had previous violations and the fact that the client changed his story to the CBSA officer...

Alberta Immigrant Nominee Program

Posted on August 24, 2010
Alberta Immigrant Nominee Program suspends family stream (see below email): his email is to inform you that the Alberta Immigrant Nominee Program (AINP) is temporarily suspending the Family Stream and the Strategic Recruitment Stream ? U.S. Visa Holder Category effective immediately, until further notice...

One of the advantages of setting

Posted on August 20, 2010
One of the advantages of setting up this firm was to leverage the resources and depth of individuals who have spent years honing their craft within immigration law. I must say, our efforts this month have been impressive. The team has filed and perfected a number of applications for leave and judicial review (perhaps the most ever in a single month); each member has attended hearings before the Immigration and Refugee Board; and applications have been sent out - ranging from spousal sponsorships, humanitarian and compassionate applications, PRRA's, to work permits...

Extraterritoriality ...

Posted on August 17, 2010
Contrary to what perhaps popular culture might have us believe, the law that is applicable in an embassy is the law that is applicable in the "receiving state". An embassy does not constitute foreign soil, and remains subject to the sovereign law of the state in which it is located...

Human smuggling vs. human trafficking ...

Posted on August 17, 2010
The case of R. v. Ng [2006] B.C.J. No 774, at para. 8 - sets out judicial interpretation of the difference between human smuggling and human trafficking under the Act: Two critical elements distinguish human trafficking from human smuggling. The first is the presence of force, coercion, fraud or deception as part of the process of organizing entry into Canada...

Returned this afternoon from the

Posted on August 11, 2010
Returned this afternoon from the Immigration Appeal Division. Hearing held by video conference. We sought the IAD's equitable jurisdiction -- ie are there sufficient humanitarian and compassionate considerations in light of all the circumstances to warrant special relief...

Just got a fax from the Federal

Posted on August 06, 2010
Just got a fax from the Federal Court - Justice Campbell granted leave on an application for leave and judicial review of a decision made by the Refugee Protection Division. Oral argument will be on November 3, 2010. -- Raj

Spousal sponsorship notes ...

Posted on August 06, 2010
Spousal sponsorship brought to you by Livescribe

Federal Court Notes

Posted on August 04, 2010
Federal Court brought to you by Livescribe

The first pencast ...

Posted on August 03, 2010
LMO and work permit brought to you by Livescribe

Appealing removal orders

Posted on July 29, 2010
Two hearings coming up in August, both appeals against removal orders. The removal orders themselves were percipitated because of criminal convictions by my clients (both permanent residents of Canada). It is my typical practice to submit psychological reports that address the rehabilitation/recidivism aspect of the so-called Chieu/Ribic factors...

Right of Permanent Resident Fee

Posted on July 20, 2010
Right of Permanent Residence Fee (RPRF) (Canadian dollars) For the acquisition of permanent resident status $490 This fee is payable by principal applicants (with some exceptions) and accompanying spouses and common-law partners. It must be paid before the immigrant visa is issued overseas or before the applicant becomes a permanent resident in Canada...

Attending at the Federal Court

Posted on July 13, 2010
Attending at the Federal Court tomorrow. It's an interesting case. In our view, the Refugee Protection Division made an error in not finding a nexus to a Convention ground; further, in not assessing the claim under the 'compelling' reasons exemption. I am working on an potential paper on the compelling reasons exemption, and look forward to appearing before the Court and discussing the reviewable errors made by the RPD.

Attended at the Immigration Appeal

Posted on July 13, 2010
Attended at the Immigration Appeal Division this afternoon. Spousal sponsorship was refused because of the applicant's criminal record in Canada (a DUI). There were limited questions by the Minister's counsel given our conversation on Monday. After a canvassing of the circumstances of the offense, the applicant demonstrated remorse and an insight into the (now dated) offense that was sufficient for the Minister to consent to the appeal.

Sharma Harsanyi In the News (Calgary

Posted on July 04, 2010
Sharma Harsanyi In the News (Calgary Sun, July 4, 2010): 'Quashed Torture Conviction Derails Deportation" Nadia Moharib Having his criminal conviction for torturing a snitch quashed has renewed an Iraqi man?s fight against a deportation order. A new trial has been ordered for the man whose deportation order was based on that overturned guilty verdict as well as a long history of crime...

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