Stewart Sharma Harsanyi Immigration Law Firm Blog

SSHLaw Podcast Profile Series: An Interview with Top Canadian Immigration Lawyer Lorne Waldman

It was a pleasure attending the most recent Canadian Bar Association National Immigration Law Conference in the most beautiful city in Canada, Vancouver. While I was there, I thought it would be a good idea to record a few conversations. I wanted to get the insights into the practice of immigration law from some of the top immigration lawyers in the country and the conference was an ideal opportunity to do just that. This was a fantastic opportunity, and I hope that the series that will follow will be of assistance to a lots of individuals, from clients that are seeking immigration lawyers in their city to young lawyers starting out and want to hear some words of wisdom. Have a listen to our inaugural podcast. Below is the transcript of the chat with Lorne Waldman, one of the top and perhaps greatest (there's only one or two other names in the stratosphere that Lorne occupies) immigration lawyer in Canada today. Before I met Lorne, he seemed to be a mythical figure. Even as immigration officers, Bjorn and I we knew who Lorne was. As Alan Dershowitz has noted, lawyers have a tendency to hero worship. This is true. Lorne... Read more →

Blog Posting - Dual Intent

The below link illustrates a common problem when decisions on entry are left to Visa Officers who often fail to apply the concept of "dual intent" when making determinations. http://www.ottawasun.com/2016/05/26/pregnant-woman-with-canadian-husband-could-be-deported-to-war-zone It seems clear from the facts in this case, and the existence of a child, that the Yemeni wife and her Canadian husband have a genuine and bona fide relationship. They are conceding to immigration that she will be coming to Canada and will be sponsored by her husband for permanent residence after arrival (likely with an open work permit application) and therefore will remain in legal status at all times after coming to Canada. CIC's own website indicates that: Having two intents - one for temporary residence and one for permanent residence - is legitimate. This section addresses how to apply subsection A22(2) of the IRPA to the decision-making process, and to clarify that the issue of dual intent affects all categories of immigration applications. A22(2) states "An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay." Dual intent... Read more →

SSHLaw Podcast Profile Series: An Interview with Vancouver Immigration Lawyer Peter Edelmann

I've been writing of my experience in attending the most recent CBA National Immigration Law Conference in Vancouver last month and speaking with some of the leading practitioners in this area. All of the lawyers were asked the same basic questions; to introduce themselves, how they came to the practice of immigration law, what they find most rewarding and finally what advice they would give to their younger selves or to lawyers just starting out. Here, I caught up with my friend Peter Edelmann of Vancouver. Peter is a bit of a kindred spirit to our office as he's been at the forefront of immigration advocacy and litigation in regards to enforcement, which is something that we do at our office as well. Bjorn has a very short list of individuals that he respects; Peter is on that list. Both Bjorn and I have reached out to Peter on several occasions and have always benefited from his wise counsel. His sagacity has been recognized by others; he's spoken on more than one occasion to our elected representatives. He's held the government to account, and I think that's a vital aspect of our role as lawyers. I think this interview is... Read more →

SSHLaw Podcast Profile Series: An Interview with Alberta Business Immigration Lawyer Mark Holthe

Attending the CBA National Immigration Law Conference in Vancouver in April was a rewarding experience. There was a lot to learn; the one constant in immigration law is change. While I was articling with the Federal Department of Justice, and soon after the attacks of September 11, 2001, the Liberals introduced the Immigration and Refugee Protection Act (lovingly called the IRPA by us immigration lawyers). IRPA was framework legislation and was in place when I was a Refugee Protection Officer with the Immigration and Refugee Board in 2002. When I started private practice in 2004, it was Lorne Waldman's text that was my Astrolabe and I first attended the CBA National Immigration Conference in Banff in 2005. I attended regularly thereafter and then there was an interregnum for a couple of years. When the Conservatives obtained their majority, significant changes were made to immigration law and policy spearheaded by Jason Kenney, the indefatigable lieutenant of then PM Harper. Bjorn had joined me in 2008 and this is of course, difficult to justify in hindsight, we felt too busy to attend, too busy putting out the fires lit by Kenney's changes. More change is afoot with the Liberals intent on hitting... Read more →

Updated - The Auditor General's Report - a Failing Grade for Immigration, Refugees and Citizenship Canada

I was interviewed by a number of CBC stations on Auditor General Ferguson's audit report, which basically gave a failing grade to our immigration department's processing of citizenship applications. The audit reviewed IRCC procedures and systems for detection and prevention of fraud in such applications. Overall, the audit found that such procedures and systems were inadequate; that the IRCC did not verify the efficacy of the measures it did implement. Further, IRCC officers were inconsistent in the application of important controls and disturbingly information was not always shared between IRCC, CBSA and the RCMP. In essence, individuals that aren't eligible or entitled to citizenship are slipping through the cracks. Immigration and citizenship fraud has always been a cat-and-mouse game. Unfortunately it seems the cat is clearly losing. As one example, one important control, which now everyone knows about, is "problem addresses". Dozens if not hundreds of applicants appear to be living at one address; IRCC knows about it and the system flags it. However, if the address is input incorrectly, then the system won't catch it. Our system is predicated on human input and humans are fallible. And no system is perfect. My response to the audit report? I certainly... Read more →

Cheaters Never Prosper ... or do they?

Misrepresentation is defined and construed broadly (for good reason) in the Immigration and Refugee Protection Act and by our tribunals and Courts. Beyond the picayune half-truths and omissions that individuals sometimes commit to come to Canada, there is the apex of misrepresentation, the deliberate, knowing and advertent lie. Once discovered (and hopefully, after discovery, actually investigated by CBSA and enforcement action undertaken) it leads to the nadir of an individual's time in Canada. In the case of a Permanent Resident, recourse may be sought by way of an appeal against a removal order predicated on misrepresentation to the Immigration Appeal Division. The recent case of MCI v. Liu is illustrative. Ms. Liu, as of the Court hearing, not quite 33 years of age, entered Canada in 2004 as an international student. In 2006 she made arrangements to commit marriage fraud. She married Mr. Daniel Pitts and allegedly paid Ms. Wei Ren aka "Christine" $30,000 for arranging the "marriage". Mr. Pitts was apparently paid a pittance of this overall amount. The application was successful and Ms. Liu became a Permanent Resident in 2009. Ms. Liu and Mr. Pitts divorced in 2010. She re-married and has two children (presumably born in this... Read more →