Stewart Sharma Harsanyi Immigration Law Firm Blog

The Fever Dream of Deporting Minister Maryam Monsef

"Yet you say, why should not the son suffer for the inequity of the father?" ‘When the son has done what is just and right, and has been careful to observe all my statutes, he shall surely live. The soul who sins shall die. The son shall not suffer for the inequity of the father, nor the father suffer for the inequity of the son. The righteousness of the righteous shall be upon himself, and the wickedness of the wicked shall be upon himself." Ezekiel 18:19-20. In immigration law and policy the sins of the father or parents are often visited upon the children. It seems, at least to me, clear that children should not be penalized for the misdeeds or the misrepresentation of their parent or parents. Nonetheless, it happens. In this vein, there has been much talk of the consequences of Minister Maryam Monsef disclosure (subsequent to investigative reporting by Robert Fife and the Globe and Mail) that she was not born in Afghanistan as she has always previously represented [born instead in Iran]. Some of the speculation has a tinge of a fever dream particularly when it is coming from a political partisan or opponent. There is... Read more →

A Heads Up for Prime Minister Trudeau and the Liberal Government About the Chinese Legal System

Not too long ago, I was retained by a citizen of the People's Republic of China and a Permanent Resident of Canada. Before coming to Canada she was working as a low level functionary with an extravagant title in a company; there were a number of charges made against the principal, other executives and, after she left for Canada, her. China wanted her back and rather than bring her back via cumbersome extradition proceedings (encumbered by our present lack of extradition treaty with that country) her removal was based on an allegation that she committed an offence in the PRC and thus was inadmissible to Canada under the Immigration and Refugee Protection Act. Here's some background on the Chinese legal system excerpted from some of my submissions on that case. I thought it might be relevant to some given the apparent incipient discussions on an extradition treaty with the People's Republic of China. My client is sought by the notorious PSB of the People's Republic of China[1] for violating Article 176 of the criminal law of that country.[2] The case against her is based exclusively on documentary evidence provided by the notorious Public Security Bureau (PSB) of the non-democratic government... Read more →

Family Class Sponsorship Appeals against Medical Inadmissibility Edmonton Edition

It's 6:30 in the morning and dawn is touching the Eastern sky; I have been on the road since 4 in the morning heading up to Edmonton for an appeal at the Immigration Appeal Division. These hearings are sometimes held at Scotia Place on Jasper Avenue. This appeal involves a refusal of a family class sponsorship due to medical inadmissibility. Our client's sister was diagnosed with schizophrenia in her early 20s and according to the visa officer -- after review of an opinion by a medical officer -- she is likely to impose "excessive demand" upon Canada's health and social system. Our client's came to Canada in the late 1990s and obtained permanent residency shortly thereafter under an economic class. They have two children, one born in Canada, the other just five and a half when she came to Canada with her parents and now attending law school (she was the one that did some research and found that I had been counsel on a similar case involving an accompanying dependent child suffering from schizophrenia). Approximately five or six years after coming to Canada and establishing themselves here our client sponsored her parents and her sister to Canada and indicated... Read more →

Blog Posting - Should Immigration Be an All or Nothing Venture?

Events during the last Canadian election as well as ongoing debates in Europe, not to mention the current US debate framed through the unfortunate lens of Trumpism, have shined a light on a central ethical and practical dilemma of our time, namely the following: How should international migrant flows be dealt with by "rich" countries so as to ensure the incomes of native born populations are maintained while still ensuring that migrants are treated fairly and also afforded opportunities to live and assimilate in host countries. Some academics and economists are arguing that "immigration" in its present all or nothing duality results in reduced incomes for native born populations, particularly individuals in the lower and lower middle class, which then results in political volatility that endangers social cohesion as well as minority rights (see Trumpism). As such many commentators argue that the rights of native born insiders can best be protected through a more provisional system where migrants are granted privileges to work, but may not qualify for all social benefits or citizenship benefits. This thinking is not monopolized by the political right and in fact liberal and progressive economists such as Branko Milanovic are subscribers to this view. Ironically... Read more →