Stewart Sharma Harsanyi Immigration Law Firm Blog

Immigration Marriage Fraud: Updated

Changes to immigration policy to crack down on marriage fraud. Read more →

Our Cases - Judicial Review - Refugee- Federal Court

The Refugee Protection Division made a number of errors in assessing an orphaned youngster's refugee claim against Guatemala. The claimant was approached by an infamous criminal organization and when rebuffed, targeted him. Reprisals included the murder of his grandmother. The RPD's decision was set aside. Read more →

Extrinsic evidence - Federal Court - Arteaga v. Canada (Citizenship and Immigration)

[21] The applicants rightfully submit that the H&C officer erred by conducting her own internet search on the availability of services for children with disabilities provided by non-governmental organizations and foundations in Mexico, without disclosing the evidence to the applicants or seeking their input on the subject. In fact, a number of the documents relied upon, as listed above, do not exist in the National Documentation Package on Mexico and although they are filed in the Tribunal Record under the heading “General information submitted by the applicants,” it is apparent from the officer’s reasons that they were not submitted by the applicants but rather consulted by the officer on her own initiative. Her reliance on extrinsic evidence is also problematic in that her final conclusion was that even if one centre, organization or specialized school did not or could not offer a given treatment or service, it would be possible to merge the services offered by the different public and private institutions to which the officer referred to in her decision. http://decisions.fct-cf.gc.ca/en/2013/2013fc778/2013fc778.html Read more →

Our Cases - Immigration Appeal - Criminality - Immigration Appeal Division

Permanent resident appealed a removal order that resulted because of a sexual assault in Canada. The IAD granted a stay of the removal based on the appellant's establishment in Canada, remorse, rehabilitation, family and the hardship to that family in the event of removal and the best interests of the couple's three children. Read more →

What is the remedy for incompetence, ineptitude and bungling?

Beyond the pale is an expression that refers to something outside the bounds of acceptable behaviour. The phrase dates back to the 14th century, when the part of Ireland that was under English rule was delineated by a boundary made of such stakes or fences, and known as the English Pale. To travel outside of that boundary, beyond the pale, was to leave behind all the rules and institutions of English society, which the English modestly considered synonymous with civilization itself (h/t: urbandictionary.com) In the immigration case I will be arguing tomorrow, I will argue that the actions of Citizenship and Immigration Canada are "beyond the pale". My client submitted an application for permanent residence more than 4 years ago. The handling of his file by CIC and CBSA appears to be characterized by incompetence and ineptitude. The remedy for maladministration of justice is an order of mandamus from the Federal Court to compel finalization of my client's application for permanent residence. The test for mandamus was set out in the Federal Court decision in Vaziri. The test in Vaziri is as follows: 1. there must be a public legal duty to act; 2. the duty must be owed to... Read more →

How does an immigration lawyer prepare for a judicial review hearing?

Tomorrow I will be attending at the Federal Court in Calgary to deal with a refused refugee claim. How does an immigration lawyer prepare for a judicial review? The answer is simple, know the facts and the law. My client is a Hindu from Malaysia where Muslims constitute a majority of the population. She alleges that she and her husband were targeted and attacked by ethnic Malays/Muslims due to her husband's past relationship with an ethnic Malay/Muslim women. These attacks were serious. The couple approached the police on three occasions. No protection was forthcoming. After the most serious incident, the couple fled Malaysia for Canada and made a refugee claim. The claim was rejected by the Immigration and Refugee Board, Refugee Protection Division here in Calgary. I was not the immigration lawyer at the refugee hearing. The Board Member, Ms. Luella Gaultier, appointed by (the then) Minister of Citizenship and Immigration, Jason Kenney, found that state protection was the determinative issue. In essence, every refugee claimant must show that state protection is unavailable. "State protection" is an immigration and legal term of art. The Supreme Court in one of the most cited immigration and refugee decisions (Ward) stated that countries... Read more →

Once a terrorist, always a terrorist?

On both a plain reading and a review of the legislative history of the term, the Supreme Court found a broader definition of "national interest" than that defined by the Federal Court of Appeal. The FCA determination that relief was only for innocent or coerced involvement "fails to give adequate consideration to the other objectives of the IRPA". Read more →

Our Cases - Immigration Appeal - Criminality - Immigration Appeal Division

A Canadian citizen sponsored her husband who was from Mexico to Canada however he was convicted of a DUI and became criminally inadmissible. The sponsorship was refused by the Canadian visa office in Mexico. The refusal was appealed to the Immigration Appeal Division which set aside the refusal and ordered the visa office to continue processing the application given the couple's genuine relationship, the best interests of their child, family and community support along with the passage of time since the incident and the applicant's clear remorse and rehabilitation. Read more →

Our Cases - Immigration Appeal - Criminality - Immigration Appeal Division

A permanent resident, convicted of drug trafficking, was ordered removed from Canada. He appealed the removal order to the Immigration Appeal Division which ordered a stay of the removal because of humanitarian and compassionate considerations. Read more →