Stewart Sharma Harsanyi Immigration Law Firm Blog

Advice for Lawyers: What to do if your client is inadmissible to Canada?

What to do when your client may be criminally inadmissible under the Immigration and Refugee Protection Act[1] A criminal conviction or an act committed inside - or in certain circumstances - outside Canada, will have lasting and potentially drastic effects on your client if he or she is not a Canadian Citizen.[2] Inability to work, loss of status, and deportation are real concerns. Depending on your client's immigration status, there may not be recourse to the Immigration Appeal Division. Federal Court applications are not appeals as of right and are restricted to administrative grounds of judicial review, that, even if successful, only result in a new determination which may still not be favourable. Counsel should familiarize themselves with the law in this area and consult appropriate resources or seek assistance. The following information is intended as a guide only. 1. The importance of determining your client's immigration status prior to entering pleas or convictions * Determine whether your client is a: i. Canadian Citizen (generally if born in Canada but be aware of complexities with certain versions of the Citizenship Act and with cases of adoption or illegitimate children); should have a Canadian birth certificate or passport ii. Canadian Permanent... Read more →

The 'jig is up' on marriage fraud

Just got this in my inbox: CIC News Release — “The Jig is Up on Marriage Fraud,” says Minister Kenney Mississauga, October 26, 2012 — In an ongoing effort to deter people from using marriages of convenience to cheat their way into Canada, Citizenship and Immigration Canada (CIC) introduced a new regulation that requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status. “There are countless cases of marriage fraud across the country,” said Citizenship, Immigration and Multiculturalism Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system. Sometimes the sponsor in Canada is being duped and sometimes it's a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.” Read more →

What Should You Do if You're the Victim of Marriage Fraud?

What steps should you take if you're the victim of marriage fraud? Read more →

Federal Court Decision -- The Defence of Duress in Immigration Proceedings

Ram attended before the Federal Court last week on an interesting case. Our client was found to be inadmissible to Canada by the Immigration Division because of his involvement with the Sinaloa Cartel in Mexico. His defence that he was acting under duress was rejected by the Division. The Division found that the threats faced by our client were not "imminent" and that he had a safe avenue of escape. We sought judicial review of this decision. Justice Anne Mactavish found that the Board erred and remitted the matter for redetermination. Download 2012_09_11_15_02_50 Read more →