Stewart Sharma Harsanyi Immigration Law Firm Blog

Cultural Sensitivity and the Birth of a Child in Spousal Sponsorship Appeals

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) handles appeals of refused spousal sponsorships made outside Canada. In the words of Justice Barnes, The Board's task is not an easy one because the genuineness of personal relationships can be difficult to assess from the outside. Gill v. MCI 2010 FC 122 Nonetheless, the IAD must proceed with great care because the consequences of a mistake will be catastrophic for the family (Gill, para 6) Justice Barnes seems to create a presumption that a child born of the marriage is indicative of a genuine relationship and endorses the position that strong countervailing evidence would be required to off-set that presumption. (Gill, para. 6, 8, 9). The Board also has to be cognizant and demonstrate appropriate cultural sensitivity. In an IAD decision (Gill 2009 CanLII 82652 (CA IRB)), the Board stated, ..the parties to a[n] [arranged] marriage will have varying opinions about and differential awareness of the aspects of the other's life...[and] the "genuineness" of the relationship must be examined through the eyes of the parties themselves against the cultural background in which they have lived. [para 34] and at paragraph 40 ..."western harlequin romance ideals do not... Read more →

Immigration Changes to Watch for in 2016

Difficult to see. Always in motion is the future. - Yoda Predictions are hard. That doesn't seem to stop most from trying their hand at it, particularly at this time of the year. That being said, an attempted scrying in immigration could be a bit easier given the fact that we've just had an election and this government still retains fresh faced enthusiasm, adorable child-like naivete and genuinely believes that it's policies and perhaps promises alone can change the world for the better, a belief that is yet unsullied by scandal and cynicism, unjaded from cruel realities. Trudeau is the anti-Harper and this will determine his destiny. Like matter and anti-matter, or ... As a result, the Trudeau Liberal Government will thus be compelled - driven to: Continue to enunciate big words that are synonyms for progress - and execute (photographed) grand gestures - because the Liberal brand is important and communicating it is even more important - but criticism while in Opposition, and promises while now in power, are a lot easier than implementation. No plan survives contact with the enemy. - Helmuth von Moltke the Elder In terms of immigration policy: More parents and grand-parents. Never mind the... Read more →