Calgary Immigration Lawyer Raj Sharma, K.C., a former immigration hearings officer and now partner at Stewart Sharma Harsanyi, one of Western Canada's premier immigration law firms, reviews Canadian immigration developments.
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.
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March 20, 2010
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.
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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.
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March 19, 2010
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.
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March 16, 2010
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.
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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 ).
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