Stewart Sharma Harsanyi Immigration Blog

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Right of Permanent Resident Fee

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. The following applicants are not required to pay this fee: dependent children of a principal applicant or sponsor, a child to be adopted, or an orphaned brother, sister, niece, nephew or grandchild; and protected persons, including Convention refugees.

Her Majesty the Queen v. Daniel James Gomboc

Both Charlie and David are back from their appearance in Ottawa before the Supreme Court of Canada.

Details about the case:

Gomboc was convicted of growing marijuana in his home. Calgary police asked a power company to measure Gomboc's electricity usage. Police did not have a warrant when it asked the company to install a digital recording ammeter (DRA). Based upon the DRA's information and the drug unit's observations of Gomboc's property, the police obtained a search warrant for his house. Gomboc argued that the police had breached his right to privacy and that the search warrant was unconstitutional. The Alberta Court of Appeal overturned his conviction and ordered a new trial. victed of growing marijuana in his home. Calgary police asked a power company to measure Gomboc's electricity usage. Police did not have a warrant when it asked the company to install a digital recording ammeter (DRA). Based upon the DRA's information and the drug unit's observations of Gomboc's property, the police obtained a search warrant for his house. Gomboc argued that the police had breached his right to privacy and that the search warrant was unconstitutional. The Alberta Court of Appeal overturned his conviction and ordered a new trial.

Charlie and David are to be commended for their high level of advocacy on behalf of their client before the highest court of the land.

The video can be found here.

Low Income Cut Off

Effective until December 31, 2008

1 person (the sponsor) $21,202

2 persons $26,396

3 persons $32,450

4 persons $39,399

5 persons $44,686

6 persons $50,397

7 persons $56,110

More than 7 persons, for each additional person, add $5,713

Lawyer or Saint?

This poor lawyer gets punched in the face by his client - more surprising is his Gandhian ahimsa reaction captured on camera:

http://www.msnbc.msn.com/id/21134540/vp/22887499#23044874

Aqsa Parvez

A number of comments and conclusions have been drawn as a result of Aqsa Parvez' murder. Suffice to say, the vast majority condemning Muslims in general, and extending to discussions regarding the Muslim immigrant population and restricting immigration of Muslims to Canada. 

Just read this article in The Star, and find that it encapsulates my thoughts exactly.

s.117(1)(h) - a mechanism of last resort...

Had to research an interesting regulation - s.117(1)(h) which allows someone to sponsor any relative regardless of age ... if the sponsor does not have a spouse, common law partner, conjugal partner, child, mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father - who is a Canadian citizen, Indian or permanent resident or whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor...

Given my difficulties in parsing this section I turned to the case law. The following should be of assistance in determining whether an individual can rely on the regulation to sponsor someone that doesn't fit the confines of the 'family class':

http://www.canlii.org/en/ca/irb/doc/2006/2006canlii52296/2006canlii52296.html

http://www.canlii.org/en/ca/irb/doc/2005/2005canlii56945/2005canlii56945.html

http://www.canlii.org/en/ca/irb/doc/2006/2006canlii52301/2006canlii52301.html

Justice Gibson's decision in Nguyen here.

Looks like something that will only cross my desk once or twice during my time practicing law.

Emergency Protection Order Program and Alberta Law Line

The Family Law Office is providing the Emergency Protection Order Program - designed to assist (free of charge) victims of family violence.

Contact: 780-422-9222 (Edmonton) and 403-355-4868 (Calgary)

Also note the Alberta Law Line - a toll free telephone service providing a centralized easy to access source of legal information, resource referrals and legal advice. 1-866-845-3425.

Premiere's Dinner

Just attended a dinner for the PC party/Premier Ed Stelmach at the Coast Plaza Hotel. I was pleasantly surprised- when during my discussion with Mr Stelmach- I realized he was well versed in immigration issues including Alberta's PNP program and the challenges facing the temporary foreign worker program. I'm keeping my fingers crossed and hope that the inadequacies facing both programs are addressed by the new government.

Legal practice links

CBA Practicelink has an article on time management: www.cba.org/practicelink/focus