Stewart Sharma Harsanyi Immigration Law Firm Blog

The New Refugee Claim Process

Breaking Families Apart, One Child at a Time

Jason Kenney thinks that if you can buy beer in BC, you are not a dependent child and thus, starting on August 1, you won't be able to be sponsored by your parents or accompany them to Canada on their immigration application. In the past, unmarried children under 22 could be sponsored to Canada by their parents or could accompany their parents (sponsored by their child in Canada). The definition of 'dependent child' included one that was older than 22 if he or she maintained full time accredited studies. Keeping a family together is hard as it is, this government, under the guidance of Jason Kenney (and Chris Alexander), just made it harder. Immigrants may be ok with not being able to bring their parents or grandparents to Canada; not sure if they're ok with leaving a 19 year old daughter behind who is studying and hoping that she will be able to find her own way to Canada. The change in policy thus reflects a cultural insensitivity. The definition of a dependent child is being reduced with no exception for full time students. It's extremely important to understand the concept of a 'lock-in' date. This site attempts to clarify... Read more →

For Immigrants and New Canadians, It's Short Arms and Deep Pockets

The Conservative government is continuing it's short arms, deep pockets approach to immigrants and newcomers to Canada. Citizens or permanent residents of Canada that live here for ten years have access to the Guaranteed Income Supplement, the Spousal Allowance and the Survivor Allowance. Parents and grandparents that are sponsored to Canada, however, will, after passage of Bill C-31, not be able to access these benefits until 20 years pass after their arrival in Canada. Read more →

Ontario to send a bill to Chris Alexander

I don't think the cheque will be in the mail anytime soon. Ontario will be sending an invoice for $2,000,000.00 for refugee health costs to Ottawa. This is the cost of providing basic medical services for refugees in that province. Robert Benzie of the Toronto Star writes: Ontario is sending Ottawa the bill for the $2 million the province will spend this year on basic medical services for refugees, says Health Minister Eric Hoskins. Bolstered by a Federal Court decision earlier this month that said Prime Minister Stephen Harper’s cuts to coverage were “cruel and unusual,” the province is stepping up its fight with the federal government. “We have a responsibility to care for all those that reside here — particularly those that are the most vulnerable,” Hoskins said Wednesday at the Crossroads Clinic at Women’s College Hospital, which serves about 1,200 refugee patients a year. “This isn’t about better care for our refugees, this is about the most basic services,” he said, noting pregnant claimants have suffered because of Ottawa’s move two years ago to slash medical benefits for newcomers. “I call on Stephen Harper and (Immigration Minister) Chris Alexander to do the right thing and they can also... Read more →

The Legal Viewpoint a Weekly South Asian Radio Show

Andy Hayher and I have been co-hosting a weekly radio show on RedFM 106.7 for over a year (Fridays, MST 7-8 PM). Prior to this, we discussed legal issues affecting the South Asian diaspora on Fairchild Radio on 94.7 on Tuesdays. The reason that we started this program (and its predecessor) was the fact that the legal system is exclusionary in many respects. Even those born and raised in Canada have issues accessing justice and navigating the legal system's language and paperwork. New Canadians have a difficult time, not just because Canada's justice system may be quite different than the one they left behind. There are at least 80,000 South Asians in Calgary, with at least 20,000 that speak Punjabi. We've covered a wide variety of topics this past year, from Human Rights Issues in Punjab, India from 1984-1995; the centennial of the Komagata Maru; immigration changes and family law. You can play or download a recent audio file for one of our shows. Download REDFM Legal Viewpoint – Human Rights Issues in Punjab from 1984 -1995 Read more →

The Federal Skilled Trades Program

The following is a summary of the Federal Skilled Trades Program. The Federal Skilled Trades Program is for people who want to become permanent residents based on being qualified in a skilled trade. There will be a 5,000 limit to the applications that are accepted. Within the 5,000 cap, no more than 100 new applications for each job will be considered for processing. The following outlines the jobs accepted under this program: http://www.cic.gc.ca/english/immigrate/trades/applications.asp Also, look at the following for job descriptions outlined in the National Occupation Classification (NOC): http://www5.hrsdc.gc.ca/noc/english/noc/2011/pdf/PrintableVersionNOC2011.pdf To apply, you must: plan to live outside the province of Quebec (Note: The province of Quebec chooses its own skilled workers. If you plan on living in Quebec, see Quebec-selected skilled workers for more information), meet the required levels in English or French for each language ability (speaking, reading, writing, and listening), have at least two years of full-time work experience (or an equal amount of part-time work experience)* in a skilled trade within the five years before you apply, meet all job requirements for that skilled trade as set out in the National Occupational Classification (NOC), and have an offer of full-time employment for a total period of at... Read more →

Judicial Review of a Canadian Experience Class Rejection

Ram Sankaran from our office attended before Justice Rennie of the Federal Court earlier this week to argue that a decision by an immigration officer refusing our client's application for permanent residence under the Canadian Experience Class was unreasonable. Read more →

It's harder than you think to buy a Canadian passport

It's harder than you think to buy a Canadian passport. We often receive queries from high net worth clients seeking advice and guidance on how to come to Canada under an "investor" categories. While federal investor categories have been closed or are practically useless, various provinces have retained Investor/Business Owner categories in order to stimulate business investment and create jobs in their provinces. Our experiences with these categories indicate the following: 1. Applicants should try to come to Canada and attend provincial business forums specially designed for prospective Applicants under this category. The business visit will not only increase the prospects for success, but also ensure that Applicants are fully aware of the relevant provinces business environment and opportunities; 2. Almost all of these categories for nomination require business experience and/or proof of net worth. Proof of net worth is usually by far the more challenging criteria to meet. Applicants should be encouraged to ensure that if they are claiming non cash assets or real property that these assets are appraised by certified appraisers. Audited financial statements for businesses should be unequivocal and be provided for at least a 24 month period. 3. The provinces will usually require net worth... Read more →

More H&C case law

Ah, Justice Campbell, a perennial thorn in the side of Government lawyers and a sight for sore eyes for Applicants seeking empathetic justice. Lin v. Canada (MCI) 2011 FC 316 is a helpful case for Applicants to the Federal Court. Lin was a citizen of the PRC that had asked for relief after his refugee claim was dismissed. As Justice Campbell notes in his decision, establishment is a "critically important H&C issue". In Lin's case, seven years passed between the application and the decision. In those seven years, Lin had become firmly established in Canada. The H&C officer however, dismissed Lin's establishment in Canada because she had "knowledge that she did not have the legal status to remain" and "has chosen to remain in Canada at her own risk". Justice Campbell however, found that "the question of the Applicant's status in Canada is the result of a shared responsibility between the Applicant and the Respondent". The Applicant "has an obligation to regularize her status" and "the Respondent has an obligation to reasonably respond to her attempts to do so." The Respondent's failure to render a decision in the time period was unreasonable and "of course" the Applicant got on with... Read more →

Judicial Review of Failed Humanitarian and Compassionate Applications

"Equity varies with the length of the Chancellor's foot" - John Selden I will be appearing before Justice Rennie tomorrow morning on a judicial review application for a failed humanitarian and compassionate application. I am reviewing the relevant case law and present my thoughts on Diabate v. Canada (MCI) 2013 FC 129 which involved similar (flawed) analysis to my case. In Diabate the immigration officer had refused the H&C application of Mahamoudou Sama Diabate, a national of Ivory Coast. Justice Gleason of the Federal Court found that the officer committed a reviewable error and sent the decision back for redetermination by a different officer. Briefly the facts: Diabate left his country in 1986 and found his way to Canada in 1993. He sought to remain by making a refugee claim (under a false identity); the claim was refused. He got married and sponsored but the sponsorship was refused and the couple separated (quite quickly it appears). He was ordered to appear for removal but never showed up, making his way to the US where he stayed for 6 years without status. He returned to Canada in 2005 and applied to remain on humanitarian and compassionate grounds. The decision: The Court... Read more →

Federal Court Reverses Refugee Health Cuts

The Conservative Government is now 0-9 before the Courts of this country. The Federal Court has set aside the Conservative Government's Refugee health cuts in a strongly worded decision by the Honourable Madam Justice Mactavish. Running 268 pages, the decision finds the Orders in Council inconsistent with sections 12 and 15 of the Canadian Charter of Rights and Freedoms and of no force and effect. Highlights from the decision (paragraph 1076-1082): section 7 guarantees to life, liberty and security of the person do not include a positive right to state funding for health care."; "...the intentional targeting of those seeking the protection of Canada - an admittedly poor, vulnerable and disadvantaged group - takes this situation beyond the realm of traditional Charter challenges to social benefit programs." "...the executive branch of the Canadian government has intentionally set out to make the lives of these disadvantaged individuals even more difficult than they already are..." The affected individuals are being subjected to "cruel and unusual" treatment particularly with respect to children who have been brought to Canada by their parents; the IFHP changes potentially jeopardize health and lives of these "innocent and vulnerable children in a manner that shocks the conscience and... Read more →

Federal Skilled Worker Overview

This year will likely be the last cohort of the venerable Federal Skilled Worker Class. This information is current as of July 2014; note that significant changes are coming in January 2015. Essentially the minimum program criteria for immigrating to Canada as a "Federal Skilled Worker" is the following: Work experience 1 year (in last ten) of continuous, paid, full-time in a single skilled occupation corresponding to one of the 50 enumerated on the CIC website. Language proficiency - a minimum of CLB 7 (we generally see the IELTS General Option at this office). Education - either a Canadian educational credential or a foreign educational credential equivalent to a completed Canadian credential. This is merely the minimum criteria. After meeting the above, the candidate is assessed on a selection grid assessing language (to a maximum of 28 points), education, work experience, age, arranged employment and adaptability. Read more →