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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

Rahim Jaffer just entered a guilty

Posted on March 09, 2010
Rahim Jaffer just entered a guilty plea to a careless driving offence. Driving under the influence/cocaine possession charges were withdrawn. The judge said something to the effect that "I'm sure you can recognize a break when you see one" to Jaffer. Have to say, if a permanent resident was facing these charges, I can almost bet that there would be no similar 'break' and that after the sentence, the individual would be facing removal proceedings...

Haitian refugee claimant

Posted on March 09, 2010
I had made an enquiry on behalf of a Haitian refugee claimant who had family (children) affected by the earthquake in Haiti. Unfortunately, it appears that there is no measure in place for refugee claimants who have family members in Haiti. From: Question-Haiti [mailto:Question-Haiti@cic...

Alternative Dispute Resolution Conferences aka ADR Conferences

Posted on March 08, 2010
An ADR is typically scheduled at the Immigration Appeal Division. As a result, it's typically used in either removal order appeals (most likely minor criminality) and sponsorship appeals (like a refusal of a spousal sponsorship ).

The Myth of Jackie Tran

Posted on March 04, 2010
Jackie Tran's deportation has more to do with his public persona, and less to do with the actual public record.

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Just reading an article in the

Posted on February 27, 2010
Just reading an article in the Winnipeg Free Press regarding the criminal charge against David Davis, a 'prominent' Manitoba immigration lawyer. Davis has pleaded guilty with respect to the criminal charges relating to illegally employing a foreign national in Canada and presented 20 letters from other lawyers in support (including one from David Matas)...

Spousal Sponsorship Appeal Video Blog

Posted on February 26, 2010
Video blog on winning spousal sponsorship appeal

Steve Ellis - failed Immigration Refugee Board Member

Posted on February 25, 2010
Steve Ellis, a 'chubby, curly haired', former Immigration and Refugee Board Member is facing charges of breach of trust and bribery. The 'dishevelled' Ellis was caught on tape (video and audio) allegedly propositioning a refugee claimant. Ellis has pleaded not guilty to the charges...

Just returned from the IAD - another

Posted on February 24, 2010
Just returned from the IAD - another removal order appeal (serious criminality). Client facing removal based on dangerous driving and sexual assault offenses. There are three options for an individual in this situation. The IAD can allow the appeal against the removal order, dismiss it, or impose a stay (with conditions)...

Deported Parminder Singh Saini attempting return to Canada

Posted on February 12, 2010
National Post article on Parminder Singh Saini. Saini was flown back to India on a chartered plane and was, upon arrival, arrested, charged and jailed by the Indian authorities. Saini vigorously availed himself of avenues to regularize his status while he was here, and it appears that he is continuing his efforts even from jail in India...

I have had occasion to submit a

Posted on February 11, 2010
I have had occasion to submit a number of "Humanitarian and Compassionate applications" under s.25 of the Immigration and Refugee Protection Act. The following excerpt from a recent Federal Court decision points out a number of important issues: 1. that the applicant has the onus to provide the documentation; and 2...

Presentation at Criminal Trial Lawyers Association

Posted on January 31, 2010
Bjorn and I just returned from giving a presentation at the Criminal Trial Lawyers Association "Short Snapper" seminar in Edmonton. Our presentation was on the immigration consequences of criminal convictions. The keynote speaker was Brian Greenspan, a well known Canadian criminal defense lawyer.

Nguyen-Tran v. Citizenship and Immigration Canada

Posted on January 28, 2010
The Federal Court of Canada has dismissed our application for judicial review with respect to the decision of the Immigration Appeal Division. The decision can be found at the Federal Court web site (link here).I believe that the case has a lot to do with the particular (and unusual) facts before the Court (at paragraph 30): On the facts of this case (acknowledged by the IAD to be ?unusual circumstances for all but the rarest of cases?), both of these factors are relevant...

Federal Court

Posted on January 23, 2010
Federal Court I was at the Federal Court earlier this week dealing with a review of a decision by the Immigration Appeal Division. The case has some notoriety in Calgary but boiled down to the reasonableness of the IAD in 'importing' the objective of a seemingly unrelated enforcement section of the IRPA to a removal order dealing with criminality...

Sponsorship appeal

Posted on January 08, 2010
Sponsorship appeal I was at the IRB this morning to finish a spousal sponsorship appeal. Ministers Counsel was Ms Catherine King who is adept at cross examination and, given her posting at CHC Delhi, understands the cultural considerations at play for a sponsorship from India...

Immigration 2010

Posted on January 04, 2010
Immigration 2010 2009 has been an interesting year. From issues as diverse as the Dziekanski inquiry, marriage fraud, visa controls on Mexico and the Czech Republic, to the Tamil migrant ship, immigration has been at the forefront of the public discourse...

The Refugee Hearing

Posted on December 16, 2009
The hearing (for claimants in Calgary) is held at the IRB offices at 201, 225 Manning Road NE. It may be held via videoconference despite the fact that Calgary has three RPD Members (Mr. Darcy Tkachuk, Ms. Bindu Narula, and Ms. Preeti Adhopia). An interpreter (if necessary) will be provided by the Board and interpretation can be provided by videoconference, teleconference, or in person...

Burma/Myanmar

Posted on December 04, 2009
Burma/Myanmar This claim was heard today before the RPD. The claimant was a political activist. Country condition evidence was largely corroborative. The following issues were identified: credibility, political affiliation and failure to claim elsewhere...

Is the IRB independent?

Posted on December 01, 2009
Is the IRB independent? Recent comments and actions by the immigration minister raises the spectre of executive interference in the operations of the IRB. Kenney commented on the merits of claims from the Czech Republic and Mexico. This despite the high success rate of claims by Roma and evidence of societal discrimination and racism against the Roma minority...

Unwarranted deference for Canadian Refugee Adjudication

Posted on November 25, 2009
I've finally completed my Major Research Paper (MRP) for my LLM. It's the final requirement for the degree. It was a great relief sending the draft to my supervisor this morning. The MRP is entitled "Unwarranted Deference to Canadian Refugee Adjudication" and discusses the issues facing the RPD...

Immigration hearings

Posted on November 24, 2009
It'll be a busy December. Scheduled hearings include refugee claims against Burma, Colombia, Iraq, Romania, Somalia and Haiti. Each claim type has challenges. Somalian claims for example typically lack identity documents. Haitian claims are typically complicated by long sojourns in the United States which results in a significant passage of time which tends to minimize the perceived risk to the claimant...

Interesting article at the National

Posted on November 18, 2009
Interesting article at the National Post ... an Ontario court case seems to indicate that sponsor's who's relatives default (receive social assistance/benefits) may not automatically be required to pay back the funds to the government. This despite the very clear Sponsorship Agreement which forms part of any family class sponsorship application requiring sponsors to be responsible for their relatives...

At least 1500 war criminals in Canada

Posted on October 31, 2009
Desire Munyaneza, a failed refugee claimant, has now been sentenced to the harshest penalty under law. However, 1500 other war criminals and human rights abuser are in Canada, both known and unknown.

Refugee News

Posted on October 25, 2009
National Post has an article on the murder of a rejected refugee claimant from Mexico. One wonders what Jason Kenney has in mind for the refugee reforms (article here) but some educated guesses would have to include fast-tracking refugee claimants from certain countries and additional decision making responsibilities for tribunal officers (see also the National Post article here)...

Marrying for immigration

Posted on October 25, 2009
Just finished watching the w5 news program on immigration marriage fraud. Julie Taub, an Ottawa immigration lawyer, suggests that immigration law be changed to grant only conditional status in Canada to the sponsored spouse. I'm not sure I agree. This could result in abuse and coercion as well - a method of control by the sponsor over the immigrant spouse...

The more things change...

Posted on October 20, 2009
The more things change, the more they stay the same. Treatment of Tamil boat people evokes memories of the Chinese migrants that sailed to the west coast 10 years ago and the Komagata Maru in 1914 which sat in harbour for 2 months and returned to India where 20 individuals were killed after disembarking.

An Interesting Week before the IAD

Posted on October 17, 2009
Hearings before the Immigration Appeal Division involving appeal against a removal order based on criminality, and an appeal against medical inadmissibility when the principal applicant has passed away.

Immigration reform

Posted on September 29, 2009
Just had a thought, while I was reading the UK Home Office country of origin information documents. What if the IRB/RPD had a mandate to assess humanitarian grounds at the time of the refugee claim? As it stands, individuals enter Canada and make a refugee claim which is heard in 18-24 months...

Somalia

Posted on September 29, 2009
Have a refugee hearing tomorrow. Country of origin is Somalia. While most Somalian claims have identity issues (the country has no functional government) and can't provide documents such as a passport, my client does have a birth certificate. He is from a minority clan and given the dynamics of the country would be at risk upon return...

"Former" terrorist wants to be a lawyer

Posted on September 29, 2009
"Former" terrorist Parminder Singh Saini has completed his undergraduate and legal education here in Canada and now seeks the permission of the Law Society of Upper Canada to practice Law in Ontario. Saini was convicted as a terrorist by a Pakistani court after he and his associates from the All India Sikh Students Federation hijacked an Air India flight to Delhi, forcing it to land in Lahore, Pakistan instead...

Calgary Herald Editorial

Posted on September 23, 2009
Apparently the Calgary Herald believes the 'Refugee appeal system' needs an overhaul. It's a little disconcerting when a major newspaper commits so many errors in an article that's probably less than 400 words in length. Where to begin? What is the refugee appeal system anyway? As far as I know, we don't have one...

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