Stewart Sharma Harsanyi Immigration Law Firm Blog

International Students -Entering Using False Documents

Many international student applicants have been found to have used false documents to secure their student visas/study permits. Some are aware of the use of false documents. Some are innocent dupes and victims at the hands unscrupulous agents. Some are discovered at the visa office. Some are found out during an examination when they land in Canada. Some are here for years before CBSA and enforcement action catches up with them. CBSA will allege misrepresentation -a broadly worded section of the IRPA. This results in a section 44 report which is the initiating document with respect to enforcement. The report is then forwarded to the Immigration Division (where the person concerned is in Canada). Here the Minister represented by a hearings officer bears the burden of establishing that the person concerned is not a Canadian Citizen and not a Permanent Resident; that they utilized a false document to secure a visa or entry to Canada; and that the false document was material to the application itself. This is usually a low bar. I've handled a number of such admissibility hearings. Sometimes you get lucky --the Minister fails to provide actual evidence that the document in question is false. There is,... Read more →

Dealing with delay on your immigration file

It is very frustrating to experience delay on your immigration file. There is an option if you're tired of waiting. We are filing many demands for IRCC to finalize applications. The pandemic is now mostly an excuse. We are seeing positive outcomes with as formal demand and if necessary applications for mandamus at Federal Court. As always ensure application complete, obtain gcms, & demand not premature... Contact our office for more information. Read more →

Inadmissibility Law and Remedies

It was a pleasure collaborating with my co-author Aris Daghighian in writing a text on the Canadian Inadmissibility Law and Remedies. There is no facet of immigration practice more complex and consequential than inadmissibility. The purpose of this text is to assist counsel in navigating the law surrounding restrictions and prohibitions upon entry and the enforcement and removal regime. The vast majority of those seeking status in Canada are truthful, law abiding, have no improper associations or criminal behaviour, are healthy and will be financially self-sufficient. But there will always be some that are alleged to have committed offences or lied or omitted relevant facts, alleged to have membership or associations that are antithetical to Canadian values, or are simply undesirable on medical grounds or finances. This text seeks to be a complete resource for those that represent that latter, minority group. An “ordinary” refusal on an immigration application may have little prejudice; one based on an inadmissibility ground may have devastating and long-term consequences. It is essential, therefore, given the consequences of a refusal based on a ground of inadmissibility, that practitioners have a thorough understanding of this area of immigration law. This text seeks to provide the immigration... Read more →