Stewart Sharma Harsanyi Immigration Law Firm Blog

The Moral Debt Owed to Front Line Health Care Workers -Part Deux

If an immigration appeal is refused by the Immigration Appeal Division (IAD), it can be challenged in the Federal Court. The Federal Court may send the matter back for re-determination by a different IAD Member, which may result in a positive outcome. The decision can also be challenged for a second time if it is refused again. The case discussed in the text involved a front line health care worker and the Federal Court was clear in its appreciation of the significance of this work in the context of the COVID-19 pandemic. However, the IAD member still refused the appeal. What do you do when your immigration appeal is refused? The IAD is probably your best shot at retaining status. The IAD remains an important safeguard and safety net for Permanent Residents that are facing a removal order. The IAD can consider both validity and humanitarian and compassionate considerations (the "Ribic and Chieu" factors that all immigration lawyers should be familiar with). If the IAD refuses relief, then the decision can be challenged at the Federal Court. If successful, the matter is sent back for re-determination by a different IAD Member. This may lead to a different, positive result. It... Read more →

Don't be oversmarrrrt

The more they overthink the plumbing the easier it is to stop up the drain –Chief Engineer M. Scott Don’t try to be oversmarrrt -my uncle (said in an almost-Ajit like drawl) Immigration to a new country is no small matter. Even applications that are considered straight forward can run into unexpected issues. Think, for example, a spousal sponsorship where children from a previous relationship cannot be medically examined, or where there are children from a previous relationship that need to be included and need the consent of a recalcitrant biological parent. Or, something even more prosaic --the inability to obtain a police clearance from a country. All too often people make this life changing decision on the basis of poorly researched plans (usually the spurious advice of a third party relative or friend or friend’s friend). Every immigrant household including those of my own parents and other extended family seem to have one non-credentialed medical expert and one non-credentialed immigration expert. I don’t discount the motivation of those that wish to immigrate to Canada. There are myriad push and pull factors, both socio-economic and personal. My father had a dream of immigrating and leaving India from a young age.... Read more →

The In Canada Refugee Claim Success and Failure

Once you start down the [refugee] path, forever will it dominate your destiny -Yoda [paraphrased] Once an individual makes a refugee claim in Canada two paths emerge. One path is regularization, that is success through the refugee or refugee appeal process (sometimes involving the Federal Court). Remember that a protected person (someone that has been granted refugee protection) can still lose that status and even PR. The other path is rejection and failure. This conditional departure order that was issued upon eligibility soon becomes a deportation order. What are the options for those that fail? Some, can and will marry. An in Canada spousal or common law partnership class application can, if filed early enough, can result in an administrative deferral of removal. Bear in mind however that the timing of such a marriage or union will raise concerns regarding credibility and genuineness. There may well be an interview. Some can file a Humanitarian and Compassionate Application (H&C) (normally not in the cards for 12 months after rejection; but there is an exception if BIOC is at play). The H&C is about establishment in Canada, family here, BIOC, and hardship in a return scenario. The H&C does not effect removal... Read more →

Amnesty for undocumented workers?

The article discusses the possibility of an immigration amnesty program in Canada, which would allow certain groups of individuals living in the country illegally to become legal residents or citizens without facing penalties or punishment. The concept of immigration amnesty has been a controversial topic, with supporters arguing it's a fair and humane solution, while opponents argue it rewards individuals for breaking the law and may encourage more individuals to come to a country illegally. The author of the article mentions the past Adjustment of Status Program, which resulted in 39,000 individuals being granted status. The news of such a policy may raise the hopes of many and have the effect of encouraging illegal immigration. The author also mentions that any such program will likely be limited in scope and only allow regularization to those who can establish they are working in certain sectors. The author suggests that instead of a limited one-off program, the H&C (Humanitarian and Compassionate) program could be expanded to recognize certain workers in certain areas that have been in Canada for a certain number of years. There are no details yet and counsel should be prepared to deal with questions arising from a news article... Read more →