Stewart Sharma Harsanyi Immigration Law Firm Blog

Blog Posting - Troubling Actions of CBSA in Toronto Case

The linked article describes a disturbing case where a Canadian Citizen was held in detention based on questions regarding his status in Canada even after he had evidenced that he was a Canadian citizen, having been born to a Canadian parent overseas: http://www.thestar.com/news/immigration/2016/03/27/toronto-man-sues-canada-border-services-over-alleged-wrongful-detention.html Obviously there are many questions raised by the CBSA's actions in this case. The spokespersons interpretation that Mr. Chan was not a Canadian citizen, but could apply for citizenship is incorrect. Based on the facts and law, Mr. Chan was a Canadian citizen by birth. Therefore, he was under no obligation to obtain proof of citizenship or any similar document, such as a passport, although those obviously would have been helpful in this case. Secondly, the continued detention of an individual working as a professional, ostensibly with funds to use as a deposit to ensure his continued attendance at detention reviews, where identity was not an issue (he was a US passport holder) raises questions as to the good faith of the CBSA in seeking continued detention in this case and also the decision to continue to detain him, made, presumably by the Immigration Division in this matter. Criticism of the CBSA's policies regarding detention procedures have... Read more →

Shifting Sands: The Only Constant in Immigration Law is Change

What can businesses expect from this new government vis-à-vis immigration? The answer to that lies in understanding the two disparate views on immigration by the Liberal Government and the preceding Conservative government. What is clear, even after the passage of mere months after the federal election, is the clear shift away from the bottom line driven immigration policies of transformative immigration Minister Jason Kenney and his lacklustre heir, Chris Alexander. Remember, it was Jason Kenney who suspended the family class (with no notice, by the way) for two years and revamped the process, requiring 30% more income for sponsors of parents and grandparents. Minister John McCallum, however, believes that "all" immigrants are economic immigrants as they contribute to the economy "one way or another". Such a generous and broad definition was not shared by his predecessor(s); Jason Kenney justified his restrictions on the family class by noting that a set of grandparents cost the health-care system $400,000. Aside from health care costs, a growing number of sponsored parents and grandparents were ending up on welfare, coincidentally after the sponsorship period of 10 years came up. While McCallum hasn't touched the higher criteria required for sponsorship, (including a doubling of the... Read more →

If you can make it there, you can make it anywhere - or a Short Guide for International Students

If I can make it there, I'm gonna make it anywhere, It's up to you, ... The song of course refers to the metropolis of New York City. The theme is true for everyone leaving behind the familiar for the unknown. International students have to deal with the unfamiliar, maintain their studies (perhaps in a second or third language), pay significant amounts of money for these studies, and of course many if not most have the ultimate goal of setting down roots in the new country that they have chosen. Many succeed, some fail. "All happy families are alike; each unhappy family in unhappy in its own way" - Leo Tolstoy, Anna Karenina There are myriad reasons for the loss of the dream that international students arrived with. Sometimes finances and support from back home fall through. Sometimes they are not able to deal with studies in a different language, in a different context and milieu. Sometimes it's health. Right now I'm trying to help an international student from Nigeria who has been here for 5 years. While he graduated with an Engineering degree, he has unfortunately developed major depressive disorder with catatonia. He inexplicably sent his application for a... Read more →

Private Sponsors of Syrian Refugees Left in Limbo

A harsh reality but resources will never match demand. Canada is the only country that allows for individuals to sponsor refugee claimants. Generally speaking 5 or more Canadians or Canadian Permanent Residents can support such a sponsorship. These sponsors provide both emotional and financial support generally for a year. These sponsors take on significant responsibility, including lodging, utilities and generally integrating them to the Canadian multicultural fabric. This seemed to be an ideal solution given the significant barriers to integration that all newcomers to Canada face. Expectations of such large hearted individuals were raised, and then dashed with this Government's commitment to the Syrian crisis. My discussion on private sponsorships - colloquially known as "Group of 5" sponsorships follows on 'Afternoons with Danielle Smith' on AM 770 starting at mark 4:05. Backlog of Privately Sponsored Syrian Refugees There are issues when you roll out such significant policy initiatives, such as resettling what is, essentially, an arbitrary number by an artificial deadline. Part of the issue is that, frankly, these kind of problems are like Russian nesting dolls, amounting to challenges within challenges. Also, I'm kind of the odd man out. This is a grotesque lottery; one family wins the lottery,... Read more →

Blog Posting - Family Sponsorship where Criminality is an Issue

This is a heartbreaking case, but demonstrates issues regarding changes to the law in recent years: http://www.thestar.com/news/immigration/2016/04/04/former-argo-fighting-to-return-to-canada-for-life-saving-cancer-treatment.html Unless Mr. Stewart received a pardon for his Canadian offences and received rehabilitation for the Canadian offences he remains inadmissible to Canada. This is why the processing times for his case will go well beyond the average or the listed processing times. One alternate strategy, which could have been pursued in the past would be to ask for the Visa Office to refuse the application immediately. Instead of waiting the many months for the Visa Office to refuse the application anyways, in the past, the sponsor could then immediately appeal the refusal to the Immigration Appeal Division. They could request an expedited date due to health factors and possibly have all of these issues and factors before an immigration judge who would then be empowered to allow the appeal and facilitate a visa for an individual in Mr. Stewart's circumstances. Unfortunately, at present Mr. Stewart is ineligible to appeal any refusal as a result of changes made to the Immigration and Refugee Protection Act a couple of years ago. It will be up to the new Minister to help re-design the current system... Read more →