Stewart Sharma Harsanyi Immigration Law Firm Blog

IAD reconsideration of a stay

An appeal to the IAD can result in couple of outcomes. The IAD can allow an appeal, dismiss the appeal or impose a stay. A stay is usually imposed on criminality matters. After a period of time ... usually 1 to 3 years ... the IAD will reconsider the matter. At this time it assesses whether the appellant has complied with the conditions and allow the appeal, extend the stay or cancel the stay and dismiss the appeal. Read more →

Temporary Suspension of Removals Lifted Against Burundi, Liberia, Rwanda

The TSR (temporary suspension of removals) list has grown shorter: Temporary Suspensions of Removals Lifted for Burundi, Liberia and Rwanda Ottawa, Ontario, July 23, 2009 —The Government of Canada announced today that due to improved conditions in Burundi, Liberia and Rwanda, the temporary suspensions of removals to these countries have been lifted, effective immediately. "After a thorough review of country conditions and consultations with stakeholders, the Government is lifting the suspension of removals to these three countries," said the Honourable Peter Van Loan, Minister of Public Safety. "This decision is in line with the actions of other Western nations that also remove inadmissible individuals to Burundi, Liberia and Rwanda." "The removal of individuals who are not lawfully in Canada is key to maintaining the integrity of the immigration program and to ensuring fairness for those who live in this country lawfully," added Minister Van Loan. The temporary suspensions of removals to Haiti, Afghanistan, Iraq, the Democratic Republic of the Congo and Zimbabwe are NOT being lifted. The conditions in these countries make it appropriate to continue the existing suspensions. The Government of Canada may impose temporary suspensions of removals to countries when conditions such as war or environmental disaster endanger... Read more →

Refugee Reform

In an article published in the Calgary Herald in October 2007, I commented on the necessity of reform to Canada's overburdened refugee system. Immigration Minister Kenney - perhaps the fifth minister in that portfolio since 2003 - has finally acted by imposing visa requirements on two top source countries for refugee claims: Mexico and the Czech Republic. There are two ways to alleviate the heavy burden on the overtaxed immigration and refugee determination system. One method is to limit the number of individuals accessing it. The visa requirement is a blunt instrument that will achieve this objective. It has, unfortunately, the effect of potentially denying a legitimate refugee from accessing Canada's protection. The second method is to reform the system. As it stands, an economic migrant can utilize the refugee system, obtain work and health benefits and stymie removal for years. A quick 'no' on such claims should be a disincentive for anyone but those fleeing persecution or face a legitimate risk to their lives in their country of origin. It appears clear that Kenney is now contemplating changes to the current refugee determination system. As it currently stands, Canada's Immigration and Refugee Board, has jurisdiction over refugee claims made... Read more →