Stewart Sharma Harsanyi Immigration Law Firm Blog

Interview with CBC Rob Brown on the Trump #muslimban

It was a pleasure being asked to discuss the #muslimban on CBC last night. A transcript of my discussion with CBC Calgary's Rob Brown follows. Rob Brown: One of the biggest protests over that travel ban was in Toronto today. Demonstrators gathering outside the US Consulate to condemn Donald Trump's controversial decision. Demonstrator: This is what democracy looks like! Demonstrators: This is what democracy looks like! Demonstrator: What does democracy look like? Demonstrators: This is what democracy looks like! Rob Brown: The US President signed the Executive Order on Friday, late Friday. Protestors say many refugees stuck in airports are being turned back to dangerous places because of their religion, their language, or their skin color. Still not entirely clear what this travel ban means for some Canadians, so to help clear up some of that confusion, I'm joined now by Calgary immigration lawyer, Raj Sharma. Pleasure to welcome you back to the show. Raj Sharma: My pleasure. Rob: Let's start with what you've heard from Dr. Farouk [ph] there. In his concerns about entering the US, what would you advise him to do? Raj Sharma: Frankly ... I share those concerns. I think a lot of Muslims are [experiencing]... Read more →

Canadian PR and Alberta Biomedical Engineer Denied Entry to the US

It's been an absolute deluge of immigration developments from our huge, rich neighbour to the south. Living next to you is in some ways like sleeping with an elephant. No matter how friendly and even-tempered is the beast, if I can call it that, one is affected by every twitch and grunt. Être votre voisin, c'est comme dormir avec un éléphant; quelque douce et placide que soit la bête, on subit chacun de ses mouvements et de ses grognements. P.E. Trudeau Addressing the Press Club in Washington, D.C. (25 March 1969) My throat is hoarse from the number of interviews I've done on the repercussions of the Trump Presidency on Canada's immigration policies. In this case, a prominent Albertan (of Iranian descent) biomedical engineer was denied entry in the US earlier this month. The rollout of this "Muslim ban" has been beset by incompetence and an underlying hostility to the adherents of one religion (and thus is subject to challenge). Transcript: Parsin Hajireza: We planned to go through San Francisco with five others, my colleagues, my research team. At the airport, unfortunately, they didn't let me to pass through. Shallima Maharaj: Plans that had been the works for months so... Read more →

Donald Trump's Anti Immigrant Presidency and the Consequences for Canada

It has been mere days since Trump took the oath of office; just a few rotations of this celestial body as it orbits around our Sun and much has changed already. Trump has carried out his promise to ban Muslims - albeit temporary, and from just 7 countries (coincidentally none of them have a Trump business presence). A fish rots from the head down and I have little doubt the sentiments and (unfounded) suspicions against immigrants and refugees that Trump enunciates ad nauseum will permeate throughout US immigration decision makers and those that execute policy.I discussed the consequences for Canada of an anti immigration US president with Vice. I know that we will see increased deportations from our giant neighbour to the South. Some of those facing removal or now living in fear and anxiety will look to Canada for relief, for succor. One consequence will almost certainly be an increase to refugee claims, or at least attempts to access protection here. One of the impediments to those fearing persecution and living in the US with its rapidly changing attitude towards refugees and asylum seekers is the Safe Third Country Agreement. This forecloses making a claim at a (land or... Read more →

SSHLaw Podcast Profile Series: An Interview with Vancouver Immigration Lawyer Ryan Rosenberg

I've been writing of my experience in attending the most recent CBA National Immigration Law Conference in Vancouver and speaking to some of the top Canadian immigration lawyers. These discussions are now part of the SSHLaw Immigration Podcast - Profile Series. 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, we caught up with Ryan Rosenberg, the managing partner of Larlee Rosenberg, one of the biggest immigration law firms in Western Canada. Like all of the lawyers interviewed for this Podcast series, he is clearly passionate about what he does and offers some great insight into the practice of immigration law. Read more →

Section 117(9)(d) the Consequences of Failing to Advise of Changes to Family Composition

I've written a number of times of the harsh provision contained at s.117(9)(d) of the Regulations and the harsh consequences that flow from it. In effect, if someone lands, becomes a Permanent Resident and was at the time of landing, married or had a child and did not disclose these family members to immigration, then they cannot be sponsored as members of the family class later on. This non-disclosure can be deliberate or inadvertent. I've handled these cases for many years; as far as I know I may be one of the few if only to have succeeded in a highly unusual case at the IAD (an appeal to the IAD is almost invariably not in the cards for these types of refusal). The only realistic way around s.117(9)(d) is a request for humanitarian and compassionate relief, exemption under s.25(1) of the IRPA. If your request for relief is refused, your option is to challenge that decision at the Federal Court. When will the Court intervene, or set aside the refusal of relief in such circumstances? Before I canvass some case law, I think it's important to underscore the fact that chances of success at the Federal Court are directly... Read more →

SSHLaw Podcast Profile Series: An Interview with Ottawa Immigration Lawyer Ronalee Carey

I've been writing of my experience in attending the most recent CBA National Immigration Law Conference in Vancouver and speaking to some of the top Canadian immigration lawyers. 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 Ronalee Carey of Ottawa. Reading her list of accomplishments and contributions to the community is inspiring! Ronalee also has an excellent immigration newsletter - it's a fantastic resource - she is a great writer (see, for example, "Today I Become a "Zero": How Age Affects Express Entry Scores"). One key take-away from this interview is Ronalee's advice to lawyers returning to the practice; another was her difficult experience in a refugee hearing when she was ill (there no such thing as a sure thing in refugee practice!). RC My name is Ronalee Carey and I practice immigration and refugee law in Ottawa. I started out my career as a family law lawyer. After that I took some time and stayed at home with... Read more →

SSHLaw Podcast Profile Series: An Interview with Toronto Immigration Lawyer Sam Plett

I've been writing of my experience in attending the most recent CBA National Immigration Law Conference in Vancouver this last spring; I got the opportunity to chat with a few lawyers and I found those discussions inspiring. Despite the different paths that we all took in the process of becoming immigration advocates, the same themes kept popping up. The desire to assist others; the early exposure to injustice and an appreciation of the obstacles that newcomers face; the rewards of guiding someone through a difficult, labyrinthine process. 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 Sam Plett, a lawyer with Desloges Law Group, and clearly a rising star in the immigration bar. Sam Plett: ...my name is Sam Plett and I'm a lawyer at Desloges Law Group on Toronto. We practice exclusively in immigration and refugee law. I do primarily litigation, so IRB litigation, federal court litigation, and then PRRAs ... H&C's ... and those types of applications. ...... Read more →