Stewart Sharma Harsanyi Immigration Law Firm Blog

Allegations of incompetence against former counsel

**Update. I wrote the below post about a month ago; some days ago the Federal Court rendered a decision in the case where we argued that the actions of former counsel should be grounds for the setting aside of the decision itself. ** Choose your counsel/representative carefully. Prevention, as they say, is the best medicine. It is essential that you and those close to you ask questions to ensure that your representative has the necessary skills, knowledge and experience to present your case. In terms of immigration, your application, hearing or appeal may be your only shot to enter, stay or bring your family members to join you in this country. While difficult, you may be able to set aside a refusal if it results from incompetence of counsel. It isn't that easy to set aside a refusal based on alleged oversight or incompetence by counsel. The Federal Court has a Protocol in place: Download Procedural-protocol_7march2014 Current counsel will need to determine whether there is actual foundation for the allegation and must notify former counsel and include their response, if any, in their filed materials (the Applicant's Record). If leave is granted, former counsel must be served with the perfected... Read more →

Immigration Challenges Present and Future in the Wake of the Pandemic

Lawyer and immigration specialist Raj Sharma, founding partner at Calgary firm Stewart Sharma Harsanyi, stated in an interview that the COVID-19 pandemic has had a unique impact on "every business line of immigration". He also said that it presented a challenge and an opportunity for government and characterized a shift to a paperless application process as a "silver lining". Sharma testified before a federal standing committee that the pandemic has caused unprecedented disruptions to the immigration system, including remote work for IRCC workers, suspension of visitor visa applications, and delays in processing submitted applications. Sharma also mentioned that the pandemic has shown the importance of front-line workers, and that there should be greater employment mobility and a clear pathway to permanent residency for essential and front-line workers. He also pointed out subtle discrimination in the immigration system that has been impacted by the pandemic, with racialized communities being disproportionately affected. I was interviewed for an article on the impact of the pandemic on immigration policy. My comments: Raj Sharma – lawyer, immigration specialist, and founding partner at Calgary firm Stewart Sharma Harsanyi – said in an interview that the uniqueness of COVID, and its impact on “every business line of... Read more →