Stewart Sharma Harsanyi Immigration Law Firm Blog

Refugee Claims and Exclusion Clauses

Exclusion Clauses – Article 1(E) Certain individuals are excluded from the grant of protection. These are the exclusion provisions; some don’t need Canada’s protection, and some don’t deserve Canada’s protection (Articles 1F..) In the case of the former: in order to be excluded from the Convention -a claimant’s status in another country must give the claimant rights that are substantially similar to the rights possessed by nationals of that country (the right to return, to work, to study, and to have access so social services). This usually arises when a claimant makes a claim against their country of nationality but has status in another (something akin to permanent residence). A claimant can be denied protection if they abandon or reject status in that third country. This prevents claimants from forum shopping. Refugee protection is not for persons “who simply prefer residence in one country over another”. Either the CBSA (which represents the Minister) or the Board raise this issue. If the Minister is involved then he sends a “Notice to Intervene” and may participate in person to question the claimant (or simply file documents to this effect). Article IE sometimes raises credibility concerns as well. If a claimant taks actions... Read more →

Making a Refugee Claim? The Top 6 Mistakes

Making a refugee claim can be a complex process and it's important to avoid common mistakes. Mistake #1 is not researching or seeking help from an experienced refugee lawyer. Mistake #2 is failing to prepare thoroughly for the hearing. Mistake #3 is failing to provide corroborative evidence. Mistake #4 oddly enough is providing too much evidence. Mistake #5 is not understanding the nature of a refugee claim. Mistake #6 is hiring an inexperienced immigration lawyer or consultant. An experienced lawyer will help increase the chances of success and make the process smoother. Good preparation, understanding of the process and choosing the right representation can help increase the chances of a successful outcome. Making a Refugee Claim? Here are the top 6 mistakes that we’ve seen as former Refugee Protection Officers and lawyers with more than a decade of legal practice. Mistake #1 -making a claim without first doing your research/talking to an experienced refugee lawyer. You may think that your claim is straightforward. You may think that you do not need any assistance. You would be wrong. The statistics are unambiguous. Those individuals that have the assistance/guidance of experienced refugee lawyers are far more likely to succeed in their claims.... Read more →

A Positive LMIA Does Not Mean a Work Permit Will be Issued

An LMIA does not guarantee that a work permit will be issued to the applicant. The immigration officer still has the discretion to determine whether the applicant can do the job proposed and whether they meet the requirements of the Act and Regulations. It is the responsibility of the applicant to provide a complete and comprehensive application, demonstrating that they meet the NOC requirements and LMIA. The onus is always on the applicant to provide a thorough and relevant application, and there is no entitlement to further opportunities to improve the material. A LMIA Does Not Mean a Work Permit Will be Issued A positive labor market impact assessment, or LMIA, does not mean that an applicant is entitled to a work permit. An immigration officer is still required under the regulations, specifically section 200[3][A] to determine whether the foreign national applicant is able to perform the work sought. If the work permit is rejected, the only option is a judicial review at the federal court and the court will not likely interfere in such a [highly discretionary] bracket determination. Remember, the onus is always on the applicant to put forward a complete application. The applicant has to put his... Read more →