Stewart Sharma Harsanyi Immigration Law Firm Blog

Fighting Deportation

Calgary Herald Article Here. Excerpt: The lawyer for a reputed gang member who has been fighting deportation to Vietnam since 2004 argues he is not stalling by filing for a judicial review of his client's latest deportation order. Raj Sharma, who represents Jackie Tran--whose formal name is Nghia Trong Nguyen-Tran--filed paper-work Thursday to the Federal Court of Canada requesting a review of the decision last month by the Immigration and Refugee Board. ... Asked if the latest application was a stalling tactic, Sharma told the Herald he has filed a 305-page application, not some long-shot motion. "I don't think this is a stalling delay at all. A stalling delay I would characterize as something you do with no expectation of success. We have every expectation of success," he said. "This is not a stall tactic because serious errors have been made," said Sharma. He argues there were two errors of law. Specifically, when Tran was ordered deported, one reason was that he was a danger to the public because there had been two attempts on his life. "He's not a danger to the public because of his likelihood to reoffend, he's a danger to the public because someone else might... Read more →

Labeling gang members

I was interviewed yesterday by CBC on the Calgary Police Service comments on identifying gang members...and by Global at noon today on the same topic. In my opinion, a label as prejudicial as 'gang member' should only be applied in the clearest of circumstances given the prejudice that can result. Read more →

Colombian War Crimes/Crimes Against Humanity Research

I've come across some notes from the Federal Court matter I handled last month. In that situation, the applicant was a member of the Colombian armed forces and was excluded from refugee protection. A decision has not yet been made. The Refugee Convention is inapplicable where "serious reasons" (see Sivakumar -- less than balance of probabilities and more than suspicion) exist if applicant committed crimes against humanity (see Article 6 of International Military Tribunal ... crimes against humanity are generally committed against own nationals). Commission of crimes against humanity can be done either directly or one can be complicit. The Standard of proof lies on the Minister. Ultimately, association with an organization responsible for crimes against humanity may constitute complicity if there is personal and knowing participation or toleration of crimes. The RPD has to provide findings of fact to specific crimes against humanity which the refugee claimant is alleged to have committed. Complicity must be some close association with principal actors and a shared common purpose. Remember - the analysis of complicity is as follows. Did the applicant have a) a shared common purpose and b) a personal and knowing participation with a specific/particular organization (in this case within... Read more →