Stewart Sharma Harsanyi Immigration Law Firm Blog

Federal Court - at the University of Calgary, Faculty of Law

It was an honour - and a unique experience - to conduct a Federal Court judicial review hearing before 50 or so students from the University of Calgary Faculty of Law. The Federal Court moved from it's usual location to the Moot Court classroom at the U of C and the hearing was presided over by Justice Gleeson. Read more →

Interview with Danielle Smith AM770 on the end of TPS for Haitians in the US and What it Means for Canada

Danielle Smith: I want to get into this issue, now that we've seen more development in the US on the Haitian Temporary Protected Status now being revoked finally, for the final time, so they say. This was supposed to be the final time, given six months, and now it's been ... or, when he extended it this last time ... Normally they have been extending it for an 18 month period ... they only extended it for a six month period, and that resulted in this influx of Haitians coming across the border, mostly Haitians. I went and looked up the numbers first because you guys have asked me to. 16,992 who came across the border apprehended by the RCMP, meaning they came across illegally, so that is a number that I have no doubt is going to increase. The number of people who are still in the US from Haiti are estimated at between 50 and 60,000. Now here's the interesting thing, right? They talk about how cruel it would be after the 2010 earthquake to send these people home, and so on and so forth, but they quote this woman in this one story, saying, "Rony Ponthieux, a... Read more →

The Visa Office Interview: What to do with a Skeptical Officer?

The sad reality is that in many cases, visa officers have made up their mind before they even start the interview. Other times, they decide within minutes, relying on their "gut" -subjective findings based on assumptions, stereotypes, "cultural arguments" and generalizations. Satzewich, in Points of Entry notes a designated immigration officer advising that he/she looks at "body language, eye contact, their demeanour, if they are fidgety, if they are looking at the wall..." (p. 228). Proving this, either at an appeal at the Immigration Appeal Division (luckily, not such an issue since such an appeal is de novo) or at judicial review, is difficult. No officer would admit to a bias. Officers have learned not to record biased comments in their notes post-Baker. Most probably could deny that they had a bias even under a lie detector test, or application of sodium pentathol. Few individuals have the ability to view their own actions (especially if it means a realization that they are not being fair) objectively. The underlying reason is of course, confirmation bias: Confirmation bias, also called confirmatory bias or myside bias,[Note 1] is the tendency to search for, interpret, favor, and recall information in a way that confirms... Read more →

What is a Humanitarian and Compassionate Application?

An application under Humanitarian and Compassionate grounds pursuant to s.25[1] of the Immigration and Refugee Protection Act is an incredibly versatile tool that can allow someone who is without status in Canada or is even seeking status from outside of Canada to become a permanent resident. S.25[1] of the Act allows almost anyone, notwithstanding ineligibility or inadmissibility [subject to some restrictions], to obtain permanent resident status in Canada. This provision was recently considered by the Supreme Court in a decision called Kanthasamy. This decision reviewed the ambit and objective of this particular provision, which has been around under our immigration act and its precursor for many, many years. There has always been a method, so to speak, to overcome non-compliance/inadmissibility – there has always been a safety net for individuals that fall through the cracks of our immigration regime. Such an application can consider a number of factors, for example, the individual's time, establishment or ties to Canada; the circumstances leading to his or her application for relief; the adverse challenges that removal or a return scenario would entail (or "hardship"); and the best interests of a child or children affected by the decision. Each application is unique. An immigration... Read more →

The Refugee Claim -the Basis of Claim form and the Narrative

I wanted to give an overview of the BoC narrative and what needs to be kept in mind;the narrative is critically important in a refugee claim and it plays a large role in success or failure. Many refugee claims will turn on the narrative. The narrative, of course, should contain in chronological fashion all of the events and incidents that lead to the well founded fear of persecution or risk to life. One of the primary objectives or tasks or responsibilities of the board member is to determine credibility, that is whether the claimant is telling the truth or not. One way the board member can determine credibility is to compare the testimony at the hearing with the narrative and potentially compare both to the objective country condition evidence or the other evidence on the file. The narrative and the testimony should be consistent, that is one or the other should not contradict the other; it is equally important that there should be no significant omission, that is, if a novel or new event is relayed in the testimony and it is not present in the narrative without adequate explanation, then the board member may well draw a negative inference.... Read more →

Video and Transcript: Interview on Alberta Primetime November 6, 2017 Discussing Canada's Commitment to Increased Immigration Levels

My thoughts -in an interview with CTV Alberta Primetime on Canada's commitment to increasing immigration levels over the next three years. Transcript Shawna Randolph: Canadian government plans to roll out the welcome mat to nearly 1,000,000 new immigrants by the end of 2020. It hopes to attract 1% of its population in three years. Michael Higgins: The move is to meant to spur economic growth, but some wonder how services to help immigrants will keep up with the ambitious plan. We get the perspective of an immigration lawyer. Shawna Randolph: This year Canada is expected to welcome 300,000 immigrants, and that number will gradually increase over the next three years rising to 340,000 in 2020. The federal government says it's a necessity to keep the economy moving as baby boomers enter retirement. Minister Hussen: It'll help employers to be able to get the talent that they need here faster, and yes, it'll also help us to provide more protection to the most wonderful people in the world. Shawna Randolph: The opposition says the government needs to do a better job of integration to help newcomers thrive from language to mental health supports, and points to lack of details in the... Read more →

Canada commits to increased immigration levels

My thoughts -in an interview with CTV Alberta Primetime on Canada's commitment to increasing immigration levels over the next three years. Read more →