Stewart Sharma Harsanyi Immigration Law Firm Blog

Indians are Desperate for a Visa Part MCIXX

Another day, another judicial review. The client is an Indian national and sought a work permit to come here and work in an administrative capacity. The application was refused without an interview with the Officer's notes providing an insight as to the attitudes, stereotypes and generalizations apparently commonly held in that particular visa office: Given the great disparity in applicants earning power in Canada versus in India, as well as the better working condition [sic] available in Canada, it appears that applicant would have little financial incentive to return to India if admitted to Canada. Given all of the above, I am not satisfied that applicant meets burden of R200(1)(B) that applicant would leave Canada at the end of authorized stay. Application Refused There is of course clear Federal Court jurisprudence that warns Officers from relying on generalizations and stereotypes (Lin. v. MCI 2004 FC 96; Yuan v. MCI 2001 FCT 1356). There was no mention by the Officer as to this particular applicant's circumstances (educated and professionally employed) and the fact that she had a very strong reason to leave Canada at the end of her "authorized stay" (a home, a husband and two children). I argued: It is... Read more →

The Passing of a Legend - Hersh Wolch QC

Hersh Wolch QC, perhaps the greatest criminal defense lawyer in Canadian history, passed away yesterday. His legacy includes a half century practicing criminal law which saw him exonerating the wrongfully convicted; and of course his family including two accomplished children that followed their father into law. His remarkable career is beyond easy description or comparison; in addition to being perhaps our country's most brilliant lawyer of the past half century, he also assisted law enforcement and successfully resolved a half dozen hostage taking standoffs. His cross examination of Larry Fisher at the Supreme Court is the stuff of legal legend. Not only did he exonerate Milgaard (his client) but implicated Fisher who was found guilty years later. The case took a physical toll on Wolch; but he remained prolific until the very end. At the risk of committing the sin of being self-referential in this time that should only be about this great man, it was my privilege to have known him, to have involved him and relied on his expertise for our clients in our bailiwick -that is immigration litigation. It was happenstance that our offices were in the same tower; even seeing his car in the parkade at... Read more →