Stewart Sharma Harsanyi Immigration Law Firm Blog

Somalian Refugee Claim - Accepted

After getting up at 5:30 this morning and reviewing the audio of the past hearing, as well as reviewing the voluminous documentary evidence on these claim types, I had limited input into the actual hearing. The hearing was concluded after some questions by the Presiding Member within one hour with a bench positive from the Member, Ms. Dhir. Once the member accepted the identity of the claimant, the objective country condition evidence was clear and corroborative of a well founded fear of persecution. Somalia, in essence, is a failed state and with no functioning central government. There is no rule of law and the situation for women without the protection of a tribe or male relatives is especially dire. My client had waited almost two and a half years for this day, and was understandably happy with the result. Read more →

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 →

Somalian refugee claim

I will be appearing before Ms. Dhir, Member of the Immigration and Refugee Board, Refugee Protection Division, on a Somalian refugee claim on Monday. She was appointed in December 2008 and the CIC Press Release contains the following information: Ms. Dhir is a leading figure in the Indo-Canadian community in Vancouver. Prior to her appointment to the IRB, Ms. Dhir was Controller for Software Productivity Center. She also held the position of Controller for Kaldor Design Group Ltd. and was Senior Accountant for MC Forest Products Inc. She received a Bachelor of Commerce from the University of British Columbia and is a Certified General Accountant. 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 →

Ainp success

Ainp family stream. First applicant from last year. Interview waived. Medicals and passport requested. Sponsor is pleased. Read more →

Iranian Revolutionary Guard deported

This does not bode well for my client who also served in the Iranian Guard. However, I've had an opportunity to thoroughly review war crimes and crimes against humanity in a recent federal court matter and look forward to testing this issue if raised against my client. Link here. 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 →

Human trafficking on the increase

It appears that the global recession is increasing the incidence of human trafficking. Link here. Read more →

Roma refugees from Czech Republic

Conservative government finds it hard to believe that the Czech Republic is an 'island of persecution' in Europe. 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 →

Brian Beresh

After the decision we stopped in on Brian Beresh. Brian is one of the top criminal defence lawyers in Canada and Bjorn had articled with the firm years ago. We had a celebratory beer and a chat with the other lawyers and got some great advice. Read more →

Stay application

Our application for a stay was granted by the Court today in Edmonton. The client had been scheduled for removal at midnight a few days hence, and the stay will ensure that he remains in Canada until the application for leave and judicial review with respect to the prra decision is decided. While we could have had the stay heard via videoconference or teleconference we felt it was important to appear in person. Given the removal schedule, this necessitated a trip to the capital city. I enjoyed collaborating with Bjorn on the record and both of us alternated on the oral argument. Read more →

Yellowpages Video

Our new yellowpages advertisements is live and can be found here. Read more →

Bill targets early parole

The Conservative government has taken aim to end the faint hope clause that allows convicted killers chances for release after 15 years. The legislation is important to me for personal reasons and of peripheral importance to immigration - but does underscore the emphasis on law and order issues by this government. I have little doubt that the enforcement provisions of IRPA will increasingly be applied to permanent residents and foreign nationals. Read more →

Lawyers Gone Bad

I'm reading Lawyers Gone Bad by Philip Slayton. While he acknowledges that 'only a few lawyers are dishonest' he believes that the ones detailed in his book and their stories provides insight into both the legal profession and the practice of law. I'm not so sure. I think the stories of dishonest lawyers provides insight into their particular pathology. Generally speaking one finds insight into a general population by analysing a representative subset of that population. Slayton also seems to call for a change from lawyer self regulation which is the norm in Canada to the UK model. I'm not sure if he's demonstrated any serious deficiencies with the status quo ... all of the lawyers chronicled in his book were disciplined by their respective law societies'. Nor can it be shown that government or some other form of regulation would be superior. In any event the book should be especially enjoyable to those that have a pre existing belief in the dishonesty and moral failings of lawyers... Read more →

Success

I have just received a positive decision on a refugee claim against Mexico. I'm studying the decision to ensure that the relevant principles are referenced in my subsequent hearings concerning Mexico. Read more →