Stewart Sharma Harsanyi Immigration Law Firm Blog

Ask an Immigration Lawyer Anything -Borderlines Podcast

I had a great time talking about a wide number of issues in immigration law with my friends Steven Meurrens and Deanna Okun-Nachoff on the excellent Borderlines podcast. Summary: In this episode of the Canadian immigration law podcast "Borderlines," hosts Steven Meurrens and Deanna Okun-Nachoff interview Raj Sharma, a Calgary immigration lawyer. They answer listener questions related to immigration law. They discuss the challenges in advising clients on divergent case law, processing delays, the possible replacement of immigration lawyers by AI, and the state of the immigration law practice. They also touch upon the complexities of the federal court practice and the uncertainty that often comes with it. Topics: 1:30 - Addressing divergent case law 15:30 - Globe and Mail story about waiving TRV eligibility requirements to clear backlogs 23:00 - Chat GTP replacing lawyers and visa officers 31:00 - Processing delays 36:00 - Mandamus 42:00 - Open work permits for spouses of Canadians 56:00 - C-10 work permits and Express Entry 57:00 - A world in which GCMS notes are provided instead of refusal letters 1:00 - Is the practice of immigration law getting less fun? Borderlines · #80 - AMA with Raj Sharma on Processing Delays, Mandamus and... Read more →

The Goldilocks Principle, Wabi-Sabi and the Refugee Claim

Summary: The Goldilocks principle applies to evidence and disclosure in the context of refugee proceedings, where there needs to be a balance of the "just right" amount of evidence to support a claim. The claimant is obligated to corroborate their claim and benefits from a high threshold for adverse plausibility findings, but must provide evidence that is reasonably available. Too little evidence may result in insufficiency of evidence, while too much evidence may raise questions about its provenance. The principle values quality over quantity and finding the balance between too weak and too strong evidence. Determining the "just right" amount of evidence depends on the claimant profile and country in question. The Goldilocks principle refers to the idea that certain conditions must be just right in order for something to be successful or optimal. The reference to "Goldilocks" comes from the children's story "Goldilocks and the Three Bears," in which the titular character tries different bowls of porridge and finds that one is too hot, one is too cold, and one is just right. In a similar way, the Goldilocks principle states that there is a "just right" or optimal range of conditions for a given system or process. I... Read more →