Stewart Sharma Harsanyi Immigration Law Firm Blog

Appealing removal orders

Two hearings coming up in August, both appeals against removal orders. The removal orders themselves were precipitated because of criminal convictions by my clients (both permanent residents of Canada). It is my typical practice to submit psychological reports that address the rehabilitation/recidivism aspect of the so-called Chieu/Ribic factors. Given that the Immigration Appeal Division is to review the criminality of the clients, I requested David Andrews to prepare an opinion speaking to the seriousness of the offence (the first Chieu/Ribic factor). Depending on the reception/reaction of the IAD, I may make it a standard practice. Read more →

Attending at the Federal Court tomorrow. It's an interesting case. In our view, the Refugee Protection Division made an error in not finding a nexus to a Convention ground; further, in not assessing the claim under the 'compelling' reasons exemption. I am working on an potential paper on the compelling reasons exemption, and look forward to appearing before the Court and discussing the reviewable errors made by the RPD. Read more →

Attended at the Immigration Appeal Division this afternoon. Spousal sponsorship was refused because of the applicant's criminal record in Canada (a DUI). There were limited questions by the Minister's counsel given our conversation on Monday. After a canvassing of the circumstances of the offense, the applicant demonstrated remorse and an insight into the (now dated) offense that was sufficient for the Minister to consent to the appeal. Read more →

Sharma Harsanyi In the News

Sharma Harsanyi In the News (Calgary Sun, July 4, 2010): 'Quashed Torture Conviction Derails Deportation" Nadia Moharib Having his criminal conviction for torturing a snitch quashed has renewed an Iraqi man’s fight against a deportation order. A new trial has been ordered for the man whose deportation order was based on that overturned guilty verdict as well as a long history of crime. ... Ibrahim boasted a lengthy criminal record at the time, including a 2002 conviction for carrying a concealed weapon, kidnapping and assault with a weapon and was serving a conditional sentence for a weapons conviction. In 2004, he was handed a deportation order based on serious criminality, A three-year stay of deportation was granted in 2006 with the possibility it could become permanent if Ibrahim showed good behaviour, says one of his lawyers. As a result of the 2008 convictions, the stay was cancelled and deportation order was again enforceable. The prospect of a new trial, conceivably, means the possibility of being acquitted of torture-related allegations. And, says Ibrahim’s immigration lawyer, Raj Sharma, given the conviction no longer exists the stay should be reinstated making the ultimate fight against deportation even more viable. “The conviction doesn’t exist... Read more →