Stewart Sharma Harsanyi Immigration Law Firm Blog

We've been retained by Mr. Elvir Pobric and will be attending (more specifically, Bjorn will be attending as I am in Vancouver until later this afternoon) at his detention review this morning. The Minister is required to satisfy that grounds to continue the client's detention exist; that the client continues to be a flight risk (which was the argument at the last hearing). Read more →

"Rethinking refugees" - Globe and Mail editorial

The Globe and Mail is the latest newspaper and media outlet to call for refugee reform. This call is as a result of a refugee claim against Germany. Read more →

I completed an applicant's record today ... document was completed by way of PDF and will be filed electronically to the Federal Court. A print-out was made for the Respondent's counsel (Department of Justice for the Minister of Citizenship and Immigration), but massive amounts of paper were saved by doing this electronically. Read more →

Just got back from the Remand Centre from meeting a client. This case will raise a number of issues, including a detention review, a PRRA submission, and perfecting a Federal Court application. It's a complex matter involving a high profile immigration matter. I'm looking forward to starting work on the file. Read more →

Just reading re: David Headly (formerly known as Daood Gilani), a Pakistani-American, and his alleged associate, immigration consultant Tahawwur Hussain Rana, a Pakistani-Canadian. Rana is scheduled to go on trial later this year. Both attended a Pakistani military school together before each was arrested in Chicago last year. Apparently Headley/Gilani also posed as an immigration consultant when he ventured to Denmark. Rana has apparently suggested that he was an unwitting dupe, but that theory may now be at issue given that Headley/Gilani is cooperating with US authorities. Read more →

I attended at the Refugee Protection Division this afternoon for a refugee claim against Mongolia. The claim could be characterized as one under either s.96 or 97 of the Immigration and Refugee Protection Act. While the claimant was found to be credible, the RPD Board Member still had to be reassured that there was no state protection or an internal flight alternative (IFA) for the claimant. The Member reserved her decision. I am looking forward to reviewing the decision as the claimant was able to provide corroborative documentation with respect to her claim for protection. Read more →

Last week was a busy one for hearings - there were three ADRs - one for criminal inadmissibility and two for spousal sponsorship. Then there was two inadmissibility hearings before the Immigration Division and a refugee claim from Bosnia-Herzegovina heard by the Refugee Protection Division to end the week. The ADRs allow the Minister to consent at an early stage; the (criminal) inadmissibility hearing is generally a foregone conclusion (but generally allow for an appeal to the IAD); and the refugee hearing is always interesting and allows the review of the s.96 or s.97 analysis, as well as an insight into specific country conditions. Read more →

Haitian refugee claimant

I had made an enquiry on behalf of a Haitian refugee claimant who had family (children) affected by the earthquake in Haiti. Unfortunately, it appears that there is no measure in place for refugee claimants who have family members in Haiti. From: Question-Haiti [mailto:[email protected]] Sent: February 19, 2010 7:59 AM To: Raj Sharma Subject: 0321 [3502] Haitian refugee claimant Dear Client, Thank you for your email concerning the current situation in Haiti. Citizenship and Immigration Canada is making every effort to respond to the humanitarian crisis in Haiti. However, there is currently no measure in place for refugee claimants in Canada who have family members outside Canada. Refugee claims will continue to be processed according to current Immigration Regulations. As for your clients children please note that the Canadian Visa Office in Port-au-Prince has been damaged by the earthquake and services are extremely limited. CIC is working hard to make arrangements to resume visa and immigration services in that area as soon as possible. So due the damage to this visa office, Temporary Resident Visa (TRV) applications for citizens of Haiti or other countries whose citizens require a visa to visit Canada may be submitted to the visa office in... Read more →

Rahim Jaffer

Rahim Jaffer just entered a guilty plea to a careless driving offence. Driving under the influence/cocaine possession charges were withdrawn. The judge said something to the effect that "I'm sure you can recognize a break when you see one" to Jaffer. Have to say, if a permanent resident was facing these charges, I can almost bet that there would be no similar 'break' and that after the sentence, the individual would be facing removal proceedings. Maybe Jason Kenney's hard stance with respect to immigration should be tempered by the knowledge that his erstwhile former colleague Jaffer is also an immigrant, and now a naturalized Canadian citizen. Read more →

Alternative Dispute Resolution Conferences aka ADR Conferences

An ADR is typically scheduled at the Immigration Appeal Division. As a result, it's typically used in either removal order appeals (most likely minor criminality) and sponsorship appeals (like a refusal of a spousal sponsorship ). Read more →

The Myth of Jackie Tran

Jackie Tran's deportation has more to do with his public persona, and less to do with the actual public record. Read more →