Stewart Sharma Harsanyi Immigration Law Firm Blog

Border Crossings and Disbarment

Illegal migrants paid up to $40,000 to cross the US/Canada border. Link is here. Looks like disbarred lawyer Ingrid Chen was offering bargain rates when she was involved in setting up an illegal border crossing. A former Winnipeg immigration lawyer has been handed a one-year conditional sentence after being convicted of helping to smuggle [Ferdinand (Dean) Gutierrez] into the United States in 1999. Ingrid Chen appeared upset when Mr. Justice Nathan Nurgitz handed down the sentence yesterday. He says she will be under a curfew that will allow her to leave her home only to go to work. She will also have to repay about $3,800 she received [for masterminding] the smuggling incident." (Globe and Mail, May 14, 2004) This is from the Law Society of Manitoba website: N O T I C E TAKE NOTICE that by resolution of the Complaints Investigation Committee of The Law Society of Manitoba, effective the 8th day of July, 1999, INGRID YIN-YU CHEN was suspended from the practice of law pursuant to Section 50(1) of The Law Society Act pending an inquiry into her conduct. DATED at the City of Winnipeg, in the Province of Manitoba, this 8th day of July, A.D., 1999.... Read more →

Mexico No. 1 Source Country for Refugees

Somewhat surprisingly, Mexico is Canada's number one source country for refugees in 2005. The news link is here. Rougly 3,500 Mexican refugee claims were 'referred' to the Immigration and Refugee Board. Out of which around 2,300 were rejected. Another 700 failed to show up for immigration proceedings and 'abandoned' their claims. I'm pretty sure that the numbers don't mean that country conditions in Mexico are worse than the perennial source countries. I think it has to do more with the geographical proximity and the fact that Mexicans don't need a visa to enter Canada. Read more →

Inland Spousal Sponsorship

Immigration lawyer Guidy Mamann raises a couple of interesting points in his article on the metronews.ca site. The article can be found here. In summary, the new policy on 'in-land spousal sponsorships' is not a blanket amnesty/remedy for people without status in Canada. Here's an excerpt: Those who think that because they are married to a Canadian they can’t be deported had better read this bulletin carefully. To qualify under this policy, the applicant would typically need to submit an application for permanent residence to the Case Processing Centre in Vegreville, Alta., under the “Spouse or Common-Law Partner in Canada Class” using form IMM 5002. Second, they will only be considered under this policy if the only reason they are in Canada illegally is due to a “lack of status.” The policy defines this term and includes limited grounds. If the applicant meets the criteria, the application can be processed in Canada. However, this doesn’t necessarily mean they will be allowed to stay here while it is finalized. In my practice I have found it helpful to alert CBSA (at least here in Calgary) that a spousal sponsorship has been submitted and that enforcement of removal not occur (administrative deferral).... Read more →

Increased Immigration Levels Not Necessary??

A leading demographer has indicated that increasing immigration levels to meet labour shortages in Canada is not necessary. The link is here. Based on demographics, Foot said he would maintain the existing level of immigration to Canada until 2015, a time when fewer people will be in their 20s. That opinion runs contrary to new policies announced last fall by both the federal and provincial governments. Notably, Foot's view is contrary to the (popular) perception that immigration levels need to rise in Canada - that it is vitally necessary for our economy. At the same time, there are numerous indicators of Alberta's severe shortage of workers. Efforts at recruiting individuals within Canada are not succeeding at meeting the demand. A CBC news link already documents the efforts of Alberta companies advertising and recruiting from Eastern Canada: link here. Here's an excerpt: One grocery retailer is offering jobs that pay up to $35,000 per year, free airfare, a month's free rent and moving expenses. Philip Roach of Westfair Foods says it's not just the grocery business that's booming. "Every business in Alberta is struggling with recruiting qualified staff," he said. It could be that while Foot's demographic models may be technically... Read more →

Colombian Refugee Claimants - FARC/ELN

Just had two successful hearings (both Colombians). While the Member of the RPD (Refugee Protection Division) had issues with whether the claimants would now be at any risk should they return to Colombia, the following documentary evidence was corroborative of the risk faced by anyone in Colombia fearing persecution/risk to life from the FARC/ELN - it's a RIR (Response to Information, basically research done by the IRB's Research Directorate): Download c16_col41770e.pdf Here are some notable excerpts: A number of Colombia experts consulted by the Research Directorate characterized the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and United Self-Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC) as groups that are capable of carrying out operations throughout the country... The associate professor at Stetson University College of Law indicated that members of the FARC, ELN and AUC are present in "nearly all the urban centers of any note in Colombia" ... According to the Georgetown University adjunct professor, both the guerrillas and paramilitary groups often employ highly sophisticated data bases and computer networks. An individual who is threatened in one area of the country will not be notably safer by relocating to another. Depending on the nature... Read more →

Work permits

There are various ways to obtain temporary status in Canada. In terms of the traditional work permit there is much to be desired. The system is unnecessarily complicated - and creates unnecessary delay for both employers in need of workers and foreign workers trying to obtain employment in Canada. The work permit is used for almost all foreign temporary workers: from live in caregivers (nannies), cooks and for IT professionals. First the foreign worker (FW) needs a positive Labour Market Opinion (LMO). To obtain a LMO, the employer must provide appropriate proof of advertisement, job offer and a completed foreign worker application to HRSDC. This takes about 4-6 weeks (at least in Alberta). Once HRSDC has verified the job offer, the LMO is sent to the FW. Now the FW takes the LMO, completed Work permit application and supporting documentation (work experience letters, resumes etc) to the Canadian Embassy. An interview to assess the FW qualifications, experience, English ability, etc. is often required. The discretion of the Immigration Officer is quite broad. Experience suggests that the likelihood of approval depends largely on the country of origin. Generally speaking European countries are easier source countries than India, Pakistan, Bangladesh - unless... Read more →

"Emergency" Stay Applications

Stay Applications are perhaps the final attempt to stop the removal of someone from Canada. Once removal is scheduled by the CBSA (let's say for anyone with a valid deportation order issued against them), there are extremely limited options to 'stay' enforcement of removal (a Minister's permit would be one, a legislative stay another - finally, a stay by the Federal Court.) An extraordinary remedy, it requires the applicant to meet the tripartite test set out in Toth (serious issue to be tried, irreparable harm to the applicant if order not granted - and not compensable in damages, and balance of convenience favouring the applicant). The case law is not entirely consistent - for example, a couple of cases, KAHN and SHARMA, indicate that harm to the family unit constitutes irreparable harm, whereas other case law indicates that the irreparable harm must be personal to the applicant himself/herself). There must be an 'underlying' application for leave and judicial review (either an application for leave for a refused H&C, refused PRRA, or in some circumstances, refusal of the enforcement officer to defer removal). A good review of the process is Waldman's text. The Federal Court Rules must be referred to. In... Read more →

Vancouver reports lowest Refugee Acceptance Rates

A previous post commented on the sharp drop in refugee claims at the border due to the Safe Third Country Agreement (and referenced some critics). Another article (from the Globe and Mail) indicated that Vancouver has the lowest acceptance rate among the various IRB centers (Calgary, Ottawa, Toronto, Montreal being the main ones - actually Calgary is now part of the Western Region). The link is here. The article also lists an interesting year by year comparison of acceptance rates, showing Calgary and Vancouver having significantly lower acceptance rates than other regions: 2000: Vancouver 25% Calgary 51% Toronto 54% Montreal 47% National 48% 2001: Vancouver 38% Calgary 55% Toronto 46% Montreal 50% National 47% 2002: Vancouver 30% Calgary 48% Toronto 50% Montreal 43% National 47% 2003: Vancouver 28% Calgary 35% Toronto 43% Montreal 42% National 42% 2004: Vancouver 24% Calgary 27% Toronto 40% Montreal 41% National 40% 2005: Vancouver 27% Calgary 30% Toronto 46% Montreal 44 % National 44% So what does this mean? It's concerning that different regions may be producing different results for similar claims/same source countries. It's important that any judicial type proceeding have a degree of consistency. Read more →