Stewart Sharma Harsanyi Immigration Law Firm Blog

Luigi Pascale v. MCI & CBSA

This was a somewhat unusual and unique fact scenario. The Applicant arrived in Canada as a child and never became a citizen. After a string of criminal convictions, a danger opinion was issued against him largely based on a sexual assault. The danger opinion resulted in the loss of his appeal rights to the Immigration Appeal Division. He was deported and later returned without authorization. In the meantime, the conviction for his sexual assault (which we argued was foundation of the danger opinion) was set aside. He was, in essence, acquitted of the offence. We proceeded with an application for judicial review, arguing that the danger opinion became void as a result of the underlying conviction being set aside. Justice O'Keefe did not concur with our arguments. The Federal Court decision can be found here. Read more →

Roman Chernikov v. Minister of Citizenship and Immigration

Chernikov v. MCI, a Federal Court decision discussing the use of danger opinions against foreign nationals. Read more →

Deportation from Canada

Deportation, which removes an individual from a country that he or she has lived in (perhaps for a significant period of their lives) and severs or traumatizes familial ties is a punishment that should not be lightly imposed. Read more →