Stewart Sharma Harsanyi Immigration Law Firm Blog

AINP - The First Application is Off!

I'm pleased to say that my office has already completed and submitted our first AINP Family Stream application (the program was announced late last week). There is considerable interest and we are fielding calls on this topic daily. The submission detailed the requirements of: Connection Sponsor Eligibility Sponsor Support Candidate Age Candidate Education/Training/Work Experience Adaptability In addition, we provided the forms, including the Sponsorship Affidavit of Support, the Application for Nomination and the required immigration forms. This is an exceedingly generous program, and I reiterate my statement that the Federal immigration system is broken - arranged employment and the provincial nominee programs are the only feasible alternative. The reason we could forward the application quickly was that both sponsor and candidate met the requirements perfectly. It's hard to fit a square peg into a round hole, and luckily the candidate had an IELTS score, work experience, proof of relationship etc. ready to go. It also helps if the candidate is internet/computer savvy and can get the information to you via email. Unfortunately, I believe the cap on this program is quite small, and feel that it will be filled within a matter of months. Nevertheless, Alberta's government is to be... Read more →

Consequences of Misrepresentation – IAD Appeals of Removal Orders

Earlier this week, I attended with my client before the Immigration Appeal Division, to appeal an Exclusion Order by the Immigration Division. The Exclusion Order was issued on the basis of a report by the Minister alleging misrepresentation on the part of my client. A report was prepared by CIC pursuant to s.44(1) of the IRPA. The matter was referred to the ID pursuant to s.44(2). The allegations were conceded – in other words, not contested by the appellant at the admissibility hearing. Essentially the Immigration Division found that my client was inadmissible in accordance with section 40(1)(a) of the Immigration and Refugee Protection Act. The client arrived in Canada as a dependant (never married, no dependants) of his parents who were sponsored as members of the family class by his brother, a permanent resident of Canada. Both at the time the client made application (on the IMM 008 – application for permanent resident and on the additional family information form) and when he arrived in Canada there was no mention of a wife or child. Subsequent to his arrival in Canada, an anonymous complaint – a 'poison pen letter' addressed to Citizenship and Immigration Canada resulted in a field... Read more →

Blacklisted - World Tamil Movement

Public Safety Minister Stockwell Day has announced that the World Tamil Movement is the newest addition to Canada's blacklist of terrorist organizations. The WTM is accused of being a front, or raising funds for the LTTE, aka the Tamil Tigers who have been fighting for an independant state in Sri Lanka since 1983. The fight for independence in Sri Lanka, combined with the extensive funds provided by expats now living in Canada is another example of a challenge to Canada's multiculturalism. It seems that notwithstanding their new ties to a new country, individuals and groups remain committed to their country of origin, such commitment including perpetrating acts of violence and terrorism. A Toronto Sun article indicates that the Canadian Tamil Congress has indicated that it is "disturbed" and "saddened" by the governments' actions. The Toronto Star on the other hand, indicated the positive response to the announcement by the GTA Tamil population: Yesterday's announcement brought quiet joy and relief to many of the GTA's Tamil population, although few dared celebrate, said Lenin Benedict, secretary of the Canadian Democratic Tamil Cultural Association. The organization promotes pluralism in Ontario's Tamil community and a peaceful resolution to the ethnic conflict in Sri Lanka.... Read more →

How to win a Refugee Claim: Representations/Submissions

In November 2003, I received training along with RPD Members on "RPD Reasons and Representations" from the IRB's Professional Development Branch. In retrospect, I realize that training was very useful in my reincarnation as a lawyer practicing before the RPD. During the training, the Members were trained and advised to approach the hearing with the intention of delivering oral reasons. While ostensibly the training recommended oral decisions because the evidence and testimony are fresh and oral reasons reduce uncertainty for the claimant (win or lose), in reality, oral decisions were required of the RPD Members because they save time - and are essential for the Board to manage its ever increasing case load efficiently. The training "suggested" a particular approach to assimilating and organizing the information "before, during and after the hearing". I suggest that understanding this "particular approach" will aid in preparing any counsel (and even self-represented claimants) to provide submissions which will align (if you will) with the decision makers thought process, ensuring that the relevant information is before him or her and highlighting those aspects of the claim most beneficial and hopefully succeed in establishing that the claim merits the protection of Canada under either s.96 and/or... Read more →

Indians, Pakistani visa applicants disproportionately hard hit

A Toronto Star article by Lesley Taylor for 13 June 2008 indicates that South Asian immigration applications are disproportionately affected by quotas/targets and immense backlogs. Excerpt: The quota, or target as Ottawa calls it, for the New Delhi office is 9,245 visas a year. The backlog as of April 10 was 145,556. With no new applications, it would take a little under 16 years to clear that. The article also talks about Anil Ahluwalia, a skilled worker applicant from India whose application took 10 years to finalize. The backlog in Islamabad is approaching 43,000 - with a target, or quota of 3,600. I think that any prospective applicant (especially from South Asia) would be wise to consider the long term nature of an application to Canada - and the new immigration 'instructions' by the Minister will result in dramatic changes to the traditional approach of simply filing an application and waiting. Starting this year, unless the application discloses an applicant that meets the Minister's particular requirements for the year, the application will likely be returned unconsidered to the applicant. In the global competition for skilled immigrants, I don't know if Canada's new approach will in fact be beneficial. The whole... Read more →

Conservative Immigration Reform

June 10, 2008 Toronto Star Article on the Bill C-50 - which passed 120-90 despite opposition. While the Liberals oppose the legislation, they did not vote in sufficient numbers to forestall it. The reforms - for the most part - do make economic sense and appear to be reasonable policy - I'm adopting a wait and see attitude (but see one concern in my next post). Although I must admit, it is unfortunate that the government will be eliminating overseas humanitarian and compassionate applications -- see CTV article here). Excerpts from the Toronto Star: ... Under the changes, Immigration Minister Diane Finley will have the power to issue "instructions" to her department to give priority to categories of immigrants whose job skills are in demand in Canada. She would also have the power to refuse applications in other categories. ... In the hours before the vote, NDP Leader Jack Layton urged the Liberals to oppose the changes and stand up for "immigrant communities." "We're changing the whole nature of the way in which we approve immigrants," Layton said. "We're reducing the number of immigrants and families who are coming in under the family programs and we're increasing the number of... Read more →

ELF '...Rebels Not Welcome' in Canada

National Post article, Monday June 9, 2008, indicates that members (or former members) of the Eritrean rebel group ELF have been determined 'inadmissible' to Canada by the CBSA. CBSA's actions have been challenged, apparently unsuccessfully in the case of Shewainesch Tsegai Ugbazghi, who successfully claimed refugee status in Canada in 2003, but has been denied landing as a permanent resident because of her past ties with the group. The inadmissibility provisions in the Immigration and Refugee Protection Act can be found at sections 33-43. In this particular case, the relevant provision is s.34(1). Personal involvement in violence is essentially irrelevant and is within the broad ambit of this section. I have dealt with a similar inadmissibility scenario - but for a (former) member of the MQM - a 'political' group in Pakistan accused of 'engaging in terrorism'. Read more →

Canada's Provincial Nominee Programs

Alberta's Provincial Nominee Program is largely employer driven, but is expanding. British Columbia's PNP. Manitoba PNP. Newfoundland PNP New Brunswick PNP PEI - PNP Saskatchewan's PNP allows an expanded scope for bringing over family members: Eligibility To be considered for the SINP Family Members Category, you must: Be between 18 - 49 years old. Have a signed affidavit of support from one or more family members living in Saskatchewan (SINP-500-22). Have completed post-secondary education, training, or apprenticeship of at least one year in length and have a diploma, a certificate, or a degree. Have at least one year of work experience in your field of education or training. Have the English language ability either to do the job you have been offered by a Saskatchewan employer or to get a job in your field of education or training. Have a full-time, permanent job offer from a Saskatchewan Employer. (Live-in caregivers cannot apply under this category.) or intend to find full-time, permanent work in Saskatchewan and have enough money to live in the province for a short time without work after arrival ($10,000 for you and $2,000 for each accompanying family member). Ontario - Pilot PNP - Employer Driven. Quebec -... Read more →