Stewart Sharma Harsanyi Immigration Law Firm Blog

2016 A Year in Review

It's the end of another year practicing law. This is a time to look back and, also, forward to the year ahead. January of course is the first month of our Western or Gregorian calendar. It was named after Janus the Roman God of all beginnings. Janus was the spirit of doorways and archways; he was represented by a double faced head looking both backward and forward. There is an often repeated quote, "Those do not learn history are doomed to repeat it." It seems that the original version reads, "Those who cannot remember the past are condemned to repeat it." Remembering the past -- victories and more importantly defeats; introspection is an essential process. Every lawyer should take stock of what has gone before especially for litigators so that they can avoid the mistakes that led to past defeat. This is why it is called the practice of law; there is no finish line certainly not after completing law school or articles and even after more than a decade of practicing this profession. It is obvious that this profession, this title, this calling, this public office of being a lawyer is always inchoate as it should be. The law... Read more →

'Tis the Season: More Hope for Those Seeking Immigration Relief under Humanitarian and Compassionate Grounds

I was counsel on two recent applications for humanitarian and compassionate relief; one against Niger and one against Nepal. Both applications were refused and I was counsel on both when review was sought at the Federal Court of Canada. Both of those resulting decisions should be of assistance to all seeking relief and consideration facing return to objective, significant, adverse country conditions. The humanitarian and compassionate process - otherwise known as "H&C" - has become, despite some hand-wringing in some quarters, an immigrant class of its own. I wrote about the recent decision by the Supreme Court considering the H&C; the majority adopted the reasoning of Justice Rennie (then, at the Federal Court) in Aboubacar. Shrestha v MCI 2016 FC 1370 decided by Justice Gleeson considered a refusal of a request for humanitarian and compassion relief from a national of Nepal. The applicant in that case had only come to Canada in 2013 with his family remaining back in Nepal. In the summer of 2015 he had sought an exemption after two earthquakes devastated that country. His request for relief was denied in May of 2016 and part of that decision included the officer's conclusion that "the adverse country conditions... Read more →

SSHLaw Podcast Profile Series: An Interview with UK Immigration Lawyer Harjap Bhangal

I had a chance to sit down and chat with my friend, famed UK immigration solicitor Harjap Singh Bhangal in July of 2016. His reputation generally precedes him, particularly in the South Asian diaspora and fuelled by his hugely popular TV call in show (episodes are up on his YouTube channel). Harjap has never feared calling a spade a spade, and that's a big reason why immigrant communities trust him, love him. Harjap is in town shooting a movie and we had a chance to sit down right before dinner to discuss a number of topics - what led us to the practice of immigration law, stereotypes around "brown" or "asian" lawyers (also, oddly #brexit, the departure of the UK from the European Union) and why we're not going to be millionaires practicing immigration law (and why that's ok!) and advice to lawyers starting out today...(don't be surprised when your client asks you to do something unethical...) Raj Sharma: All right. You're on. Harjap Bhangal: Okay. Ask away. Raj Sharma: All right. Everyone's been asked the same four or five questions, starting with an introduction, who they are, where they practice and for how long. Harjap Bhangal: All right. My... Read more →

How Immigration Officers Decide Who Gets Into Canada

I've been reading “Points of Entry: How Canada's Immigration Officers Decide Who Gets In” by Vic Satzewich. The author managed to - after obtaining with some difficulty the necessary bureaucratic blessings - interview over a hundred visa and case officers, and attend and examine the inner workings of a number of overseas visa offices. Reading the book confirmed many of my own experiences both as a former immigration officer and now for more than a decade, an immigration lawyer charged with facilitating my client's interactions with Immigration, Refugees, and Citizenship Canada - formerly known as Citizenship and Immigration Canada. In this blog post I'm going to concentrate on Satzewich’s findings regarding the spousal sponsorship process and how they dovetail with my experiences and that of the other lawyers at my office. The author cites an unnamed visa officer who essentially states that determining whether a spousal sponsorship is genuine or not is not rocket science in the sense that his or her task is harder; there is no formula, algorithm and no two cases are the same. While Satzewich based his writings on his field research, my experience in unravelling how visa officers think and make decisions in a more... Read more →

Blog Posting - Bill C6 - Changes to the Citizenship Act - What You Need to Know

On June 17, 2016, legislation to change the Canadian Citizenship Act, also known as Bill C-6, passed the Canadian House of Commons following its third reading. On the same day, a first reading took place in the Senate. As of November 28, 2016, the second reading took place in the senate. This means passage of this new law should be happening relatively soon and probably early in 2017. The amendments made by Bill C-6 aim at changing the Citizenship Act in a way that would allow immigrants to apply for Canadian citizenship earlier and more easily than was previously the case. Some of these changes include the following: The requirement that an applicant intend, if granted citizenship, to continue to reside in Canada has been repealed/removed. While prior to the amendment it was required for the applicant to have been physically present in Canada as a permanent resident for at least 4 out of 6 years immediately before the date of the application, the new requirement is 3 out of 5 years (1,095 days). Time spent in Canada as a non-permanent resident now can count towards meeting the requirements for length of physical presence. Applicants can now count each day... Read more →

Seeking Judicial Review of a Refused Humanitarian and Compassionate Application

I am appearing this morning at the Federal Court seeking review of a refused H&C. The applicant is a national of Nepal and came to Canada as a temporary foreign worker a couple of years ago. After he came, Nepal was hit by devastating earthquakes and after-shocks in April and May of 2015; that annus horribilis also saw protests against the newly adopted constitution with scores of death along with a dispute with neighbouring India. After our client lost his job when the restaurant he was working at was sold, and his work permit expired, he sought to remain here on humanitarian and compassionate grounds, hoping of course to eventually bring his wife and young daughter here but wanting more than anything to be able to work and support them. Our office has assisted on dozens of H&C applications from Nepalese temporary foreign workers that, after the earthquakes, don't have a home to return to. I'm happy to say that each one was accepted; except for this one, lone applicant. There's a couple of problematic areas that will be canvassed; I think I'll start with the Officer's understanding of IRPA: I give more weight in this application to the immigration... Read more →