Stewart Sharma Harsanyi Immigration Law Firm Blog

In Defence of Jackie Tran

Jackie Tran committed serious crimes and has served the jail time imposed by the courts of this province. Unlike a citizen however, he will be punished twice for those crimes if he is deported from Canada and separated, perhaps permanently, from his family here. The comments made with respect to a Herald article detailing Tran’s efforts to remain indicate that there is little or no sympathy to his plight. Much like an unwanted adopted child, we now seek to return him to his birthplace. Born in Vietnam in 1982 and now 27, Tran came to Canada along with his mother when he was in Grade 5. His father had fled Vietnam in 1983, became a refugee, and after being in a camp in Asia, made his way to Canada. After sponsoring his wife and only child, Tran's father became absent from their lives after their arrival in 1993. Tran studied at Patrick Airlie School for elementary school, then Ernest Morrow for junior high and attended Crescent Heights High School. His mother disabled because of a workplace injury, Tran dropped out during Grade 11 and was convicted of both drug trafficking for an incident in 2000 and an assault involving a... Read more →

LICO - Low Income Cut Off

Canadian citizens or permanent residents who seek to sponsor their parents (or grandparents) need to meet certain income levels. These income levels are generally ascertained by reference to the client's Notice of Assessment (Option C printout). Given that sponsorships can take years - and the vagaries of our economic system - it is possible that LICO may not be met for one or more years. In these cases, the sponsorship can be refused by the relevant visa office. The sponsor has the ability to appeal this decision to the Immigration Appeal Division. Luckily, it appears that the CBSA Hearings and Appeals Unit are amenable to consent on such matters as long as the requirements under the IAD case Jugpall are met. Even if the Minister is not wiling, the IAD can allow the appeal based on all the circumstances of the case (including humanitarian and compassionate considerations). The IAD however may not be an attractive option however because of the current timelines - an appeal on a sponsorship refusal can take as long as a year or more to resolve. I've had a number of these cases (in one case, the visa office has refused on failure to meet LICO,... Read more →

Crime, Drugs and Scams behind Spike in Mexican Refugee Claims

The deteriorating conditions in Mexico are plain for all to see. President Calderon indicates that the future of democracy is at stake in its struggle against corruption and organized crime. New York Times article here. A National Post article indicates that almost 5000 Mexican refugee claims were referred to the Immigration and Refugee Board, Refugee Protection Division in the first third of this year. Attributing the spike to both drug violence and 'scams' the article does refer to Rusty Fleming who produced a documentary on the current situation in Mexico. The situation is not so clear cut as the Minister of Citizenship and Immigration sees it. The deteriorating law and order situation in Mexico calls into question whether the state can adequately protect its citizens. This inability to protect then brings in the issue of international 'surrogate' protection. Given the current objective evidence available, it is a specious argument that most Mexican refugee claims are manifestly unfounded. Read more →

Reforms for the live in caregiver program

Martin Collacut in a comment for the National Post calls for reforms to the live in caregiver program. Noting the problems in Punjab India specifically - which has over 160 'nanny schools' and surprising number of male applicants - he suggests that the LIC program be restricted to individuals that can qualify under the skilled worker stream. However, his bald assertion that nannies are underwritten by the taxpayers of Canada has no discernible factual foundation. Link here. Read more →

Ghost consultant sentenced

Baldev Pandher received an eighteen month sentence for submitting false/fraudulent documents to Citizenship and Immigration Canada. Additional details at CSIC website here. Pandher submitted fraudulent documents in support of his clients' application for sponsorship. These documents included Notices of Assessment and tax returns, presumably to meet LICO. Through his business, Canada Immigration Consultants located in Mississauga, Pandher did 'immigration consulting' and appears to have charged exorbitant amounts of funds - in excess of $9,000 for one family class sponsorship application, and $8,000 for the other. It appears that the Crown would have been seeking incarceration but for Pandher's serious heart condition. In a blunt decision, the sentencing judge found that people like Baldev Pandher gave immigration consultants "such a bad name" and are the reason why immigration consultants "are held in low regard and with such great suspicion". The Judge also stated that Pandher should be incarcerated, but given the medical condition and the joint submission, he allowed a sentence to be served in the community. Read more →