Stewart Sharma Harsanyi Immigration Law Firm Blog

UK Crackdown on Terrorists

The UK continues in it's efforts against Islamists ... arresting 6: "The arrests form part of a long-term pro-active and complex investigation into alleged incitement and radicalisation for the purposes of terrorism, as well as alleged provision of financial support for international terrorism." BBC Article here. Read more →

Immigration News for April 16, 2007

Former KGB agent now faces deportation after failing to convince the IAD: Globe and Mail article here. A failed refugee from China with a Canadian born child is receiving offers of assistance: Article here. The Federal Court has ordered the release (on strict conditions) of another individual held on a security certificate: Article here. A convicted drug dealer is seeking an appeal to attempt and reduce the length of his sentence - even by one day - as the 2 year sentence prevents an appeal of the 'deportation' (finding of criminal inadmissibility) to the Immigration Appeal Division: Article here. Read more →

National Citizenship & Immigration CLE Conference

Session 5B - The Compassionte Alternative: When and How of H&C Applications discussed the possible (and creative) uses of section 25 of the Immigration and Refugee Protection Act - a section that allows an exemption from (any) requirement of the Act. Ryan Rosenberg's paper is helpful and encourages counsel to think of various factors that can benefit their client's application. Appendix A of his paper (H&C Factors) lists factors to evaluate when deciding whether to pursue an exemption. Factors include (inter alia): Time resident in Canada/away from home country Evaluation of life in Canada vs. home country Ties to Canada vs. home country Best interests of children -- access to both parents, health care, schooling, emotional needs Worsening country conditions in home country Attempts to integrate Personalized risk Spousal abuse Custody issues Dying/sick family members Business operations employing Canadians Home purchase Employment history The H&C is a fact driven exercise and counsel must meet with the client and have a thorough understanding of the above along with a clear appreciation of the client's personal circumstances. Read more →

National Citizenship & Immigration CLE Conference

Session 4-B - Federal Court Practice: How to Make the Federal Court Work for You(!) was also quite informative. Panel members were Darryl Larson, Ron Poulton, Brad Hardstaff (Justice counsel in Edmonton) and Justice Michael Phelan. Both Ron and Justice Phelan were emphatic in underscoring the importance of cross-examination on affidavits. Essentially, both were surprised at how little cross-examination was being utilized by the Bar. It was clear that many cases could turn in the Applicant's favour on the answers obtained through the examination of (immigration) officers. Ron suggested that cross-examination of officers and questioning occur on the definitions in law and the regulations in question. He cited examples of where officers made admissions that were extremely helpful to the applicant's position. Justice Phelan stated that he "was surprised how little cross examination was used" and that it was a "particularly powerful tool" as cross examination adds "humanity to the case". He did note there was a small risk as cross-examination provides an opportunity for the officer to fill in the gaps of his/her affidavit. He also suggested that counsel should generally attack the subjective assumptions of an officer, not their expert knowledge (which could likely exceed that of the... Read more →

National Citizenship & Immigration CLE Conference

Just returned from (beautiful) Victoria BC after attending the National Citizenship & Immigration Law CLE (Continuing Legal Education) Conference this weekend. Entitled "Shifting Sands: 2007 Canadian Immigration Law Update" the conference was a success (in my view) in providing practitioners with a heads-up on the important changes to immigration practice, policy and jurisprudence. Session 3A "Effective written and oral advocacy at the IAD" was especially beneficial, given the increase my practice has seen in appeals to the Immigration Appeal Division. The panel was composed of Phil Rankin, Gordon Maynard, Susan Kramer and Margaret Ostrowski QC (a Member of the IAD). I read both Phil's and Gordon's papers and have to say that they're very good and address the advocate's primary role for such hearings: proper preparation of the client. Member Ostrowski had a set of "kindly suggestions/do's or don'ts for practicing before the IAD. a. She kindly suggests that counsel (after a quick warm up of the client/appellant) spend the majority of time and effort on the decisive issue(s). She noted that there is at least 'one elephant' in the room and it's preferable for counsel to deal with issues such as inconsistencies and address them (rather than Minister's counsel... Read more →

Lai Changxing...et al.

Some recent immigration news/developments: Toronto Star Article - David Matas, counsel for Lai Changxing has succeeded in obtaining leave for a Judicial Review of the PRRA decision with respect to his client's removal to China. Article here. Globe and Mail - reports on the situation of a Romanian (Roma) currently in the Calgary Remand Centre and charged with theft due to deliver a baby and is facing removal from Canada. Article here. Winnipeg Free Press on a Somali refugee facing deportation due to his criminality in Canada - and canvasses the difficulties CBSA is having in removal. Article here. Interesting article on CBC - Chinese national who previously sought refuge in a Church - and has been fighting deportation for years has been granted status in Canada notwithstanding a guilty plea to manslaughter and incarceration in Canada (she was granted a pardon ...). Article here. Citynews article on the strange story of an Iranian couple and their Canadian child, removed from Canada after a failed refugee claim and their return via an detention centre in the United States. Article here. Read more →