Stewart Sharma Harsanyi Immigration Law Firm Blog

New language test requirements for Citizenship applicants

>> News Release — Minister Kenney announces new language rules for citizenship applicants Ottawa, September 28, 2012 — Most citizenship applicants will soon be required to provide up-front objective evidence of their language ability at the time they apply, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today. This change will be implemented as of November 1, 2012. Currently, Citizenship and Immigration Canada (CIC) assesses the language ability of applicants, aged 18–54, solely through interactions with CIC staff and by using the results of the citizenship knowledge test. Read more →

Another enlightened response to my article: Exile is no solution to gang warfare

The writer seems really angry doesn't he? Raj Sharma Partner Stewart Sharma Harsanyi Suite 800 633 6th Ave SW Calgary AB T2P 2Y5 T: 403-705-3398 Sent from my Blackberry From: Humber Valley [mailto:[email protected]] Sent: Wednesday, September 26, 2012 05:19 PM To: Raj Sharma Subject: RE: Exile is no solution to gang warfare Hi 'Raj', Just wanted to take a moment and personally write to you in regards to you complaining about Kenny's efforts to deport gang members. I'm really not going to go in depth with you here and write a speech and try and debate with you, because frankly, people (such as yourself) simply aren't worth my time. So I'll be a little more of a straight-shooter, this time. We pay enough taxes as it is here in Canada. Those who choose to resort to gang violence are being feed, taken care of and sheltered at the cost of WORKING people such as you and I. Does that make any sense to you, RAJ? Lets put it this way, if you have an issue with Canada, please, move back to where you came from! I'm quite certain that they don't deport their gang members there (exactly how you want... Read more →

Best Interests of a Child...

The Best Interests of a Child often inform immigration decisions, particularly within the scope of humanitarian and compassionate applications under s.25 of the Immigration and Refugee Protection Act. The Federal Court has considered this concept: Williams v. MCI 2012 FC 166 Mr. Justice Russell made several comments regarding the assessment of a child's "best interests". [59] This Court has also instructed that being “alert, alive and sensitive” to a child’s best interests is a separate analysis from consideration of the threshold standards of “unusual, undeserved or disproportionate hardship.” As Justice Barnes made clear in Shchegolevich, above, at paragraph 12: It is clear that the Officer erred by requiring that Mr. Schegolevich establish that the adverse effects of his removal upon his spouse and his stepson would be unusual, undeserved, or disproportionate. This standard is only to be applied to the assessment of hardship experienced by an applicant from having to apply for admission to Canada from overseas; it does not apply to the assessment of the best interests of a child affected by the removal of a parent. ... [63] When assessing a child’s best interests an Officer must establish first what is in the child’s best interest, second the... Read more →

Calgary Herald Op-ed: Exile no Solution to Gang War

The Calgary Herald published an op-ed where I argued against deportation. Exile no Solution to Gang War It is folly to punish your neighbour by fire when you live next door -- Publilius Syrus. The Mara Salvatrucha ("MS-13") gang is a ruthless criminal organization. Originally formed in the California by Central American émigrés, the organization became transnational in character when tens of thousands of gang members were deported by the US back to their home countries in the 90's. Counter intuitively, deporting members of the MS-13 did not alleviate gang violence in the US, and in fact has exacerbated it. These deportation policies "contributed to the size and influence of the gang both in the US and in Central America". Deporting gang members to Honduras or El Salvador, third world countries with inadequate police and criminal justice systems, allowed gang members to act with impunity and expand their operations. Like an invasive species, MS-13 has dominated the eco-system in Central America. As a result, Honduras has the world's worst homicide rate; the MS-13 has a stranglehold over the impoverished countries of Central America; and the gang continues to be active in over 40 states and a thousand cities in America.... Read more →