Raj Sharma's Canadian Immigration Blog

Security Interview

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 it was an examination pursuant to s.15 of the Immigration and Refugee Protection Act.

Just like refugee eligibility interviews, there was a limited scope for counsel to participate in such an interview.

CSIS has a mandate of course; the majority of questions however did not seem to be particularly directed. It would seem that my clients profile itself gave rise to this 'screening' type of interview. Many of the questions surrounded how the client (illegally) travelled to Canada, his/her residence here and their contacts with the local expatriate community. Given the client's personal history, many questions were asked in regards to military service and special training received.

Such an interview/examination will give undoubtedly give rise to deep anxiety.

It is likely that CSIS would prepare a report or memo to CIC and the subject could obtain a copy (subject to any redacting) via an Access to Information request.

The "Truth" About Immigration

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 health care (and double the amount spent on defence) Bissett also dismisses traditional views holding immigration to be a panacea to Canada's labour and demographic issues.

One truth is clear - discussions on/criticism of immigration should not be taboo and evidence and research from social scientists, economists etc. should be rationally considered in deciding whether it is in the best interests of this country to increase or even maintain immigration levels.

IAD - Tips from the Assistant Deputy Chairperson

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.  What's new at the IAD

3.  Top 10 list of best and worst practices before the IAD

 

Materials were provided, and included a useful handout:

Download 20080924_iad_best_practices.pdf

Deserter Wins Reprieve

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 was sentenced to 15 months in prison as a result of his desertion (and US prosecutors made mention of his Canadian media interview).

Justice Mosley of the Federal Court seemed to take note of the 'differential treatment' argument advocated by Hinzman's counsel.

Canadian Press Article here.

Toronto Star Article here.

Canada: Sucker Nation?

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 the empty condos in Vancouver and Toronto. These apartments, owned by the scammers or rented to them by immigration rings, are usually empty because they are addresses of convenience.
Owners work abroad tax-free but pretend to reside in Canada to qualify for immigration, health care and other entitlements and ultimately citizenship for themselves and relatives.

Francis also outlines various residency fraud scams (also found in her past article(s)). This is essentially where 'immigrants' obtain permanent residency status in Canada without complying with the actual residency requirements.

Immigration law, policy and regulations are in a constant state of flux, and hopefully appropriate reforms are in the works. But, a warning to those that seek to exploit Canadian immigration law -- immigration enforcement appears to be an emerging priority for this (Conservative) government. Case in point -- see the CBSA release on the deportation of Mr. Deng, a Chinese national back to China, where he is wanted on criminal fraud charges.

Exploited foreign workers

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.

Toronto Star article here: "Exploited Workers Canada's Slave Trade"

Excerpt:

It was 5:30 in the morning when Edwin Canilang realized he had been bought and sold.

Crowded in the back of a van heading north of Toronto with four other Filipino men last summer, the skilled welder faced another unpaid day on a cleanup detail at a bottling plant.

He thought of his wife, who had just given birth to their third child back home in San Carlos, a five-hour drive north of Manila.

He thought of the promises that lured him to Canada – $23 an hour, plus overtime, food and lodging, to help build two icebreakers for the Canadian Arctic.

He thought of his first week in Canada, eight men in the basement of a Toronto house sleeping four to a bed, their passports taken from them. Then they were trucked north to their new home – a filthy, abandoned farmhouse in the middle of nowhere.

...

At least 800 workers are trafficked into Canada yearly and another 1,000 or more pass through Canada and into the United States, according to the Royal Canadian Mounted Police.

...

'Bad Consultant Hotline' set up in Ontario

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 also expressed as it is the view that the regulator has little teeth.

A local legal aid clinic has been set up and the stories of those exploited will be shared with Parliament.

The 'Bad Consultant Hotline' at 416-978-6447 launches Monday, Sept. 22, 2008 and will be answered four days a week by law students at the University of Toronto's legal aid clinic, Downtown Legal Services (DLS).

Two lines will be manned by some 80 law students, under supervision by their seniors, including legal consultants.

The group is also exploring the possibility of setting up the hotline on a toll-free 800 number.

"We already receive calls from former clients of immigration consultants, and we've been able to help a few of them," says Joel Hechter, a law student who represented just such a client: deported after being exploited by an unscrupulous consultant.

"But we are a small clinic, and can only take on a limited number of files. This hotline will give a voice to many more."

Hechter adds any cases taken up will be done totally free of cost to the customer.

Callers can remain anonymous if they so wish, with Hechter cautioning those who want to remain behind the scenes to take proper precautions (or phone from an unlisted number).