Stewart Sharma Harsanyi Immigration Law Firm Blog

What is a Sur Place Refugee Claim?

A sur place refugee claim is a claim for protection based on a change in circumstances or activities of the claimant after leaving their home country and arriving in Canada. The IRB/RPD determines the validity of the claim and it is the responsibility of the claimant to provide evidence. Preparation, including country condition research and obtaining corroborative evidence, is crucial for a successful claim. A sur place refugee claim is a claim that essentially arises after the claimant has left his or her country. This may mean a change in circumstances back home. There are many individuals in Canada that originally came and intended to visit, study or work. A change or escalation of a situation in their country of nationality may necessitate a claim for protection. Canada does not draw a distinction between those that flew persecution and those that are already here and fear persecution that has arisen post departure. Sometimes, a claim is based on the activities of an individual after leaving his or her country. This could even mean social media posts (Facebook, Twitter, etc.) or participation in political protests in Canada that give rise, for example, to a claim based on actual or perceived political... Read more →

COVID-19 and Changes to Canadian Immigration Policy

The COVID-19 pandemic has significantly impacted Canadian immigration policy and processes. The majority of immigration hearings have been postponed. Among numerous changes, the Safe Third Country Agreement has been extended to non-POE crossings, which may drive individuals to make in-land refugee claims. Foreign nationals with valid study and work permits will be allowed to enter Canada, but visitor visa processing and entry will be limited. Applications to remain on humanitarian and compassionate grounds are expected to increase, and deportations are on pause. Infection may well lead to more cases of medical inadmissibility in the future. The immigration system and visa offices are under strain, and it's uncertain whether Canada will be able to process the target for Permanent Residents. The family class was slated to reopen in April, but its reopening is uncertain. The author's law firm has shifted to telephone and Skype consultations and is hoping for electronic signatures to replace "wet signatures" on forms. Many things have changed in the last few weeks. This is clearly a watershed, not least for Canadian immigration policy. It is easy to list the changes -but not so easy to grasp the innumerable consequences. For one, the vast majority of immigration hearings... Read more →