Stewart Sharma Harsanyi Immigration Law Firm Blog

Roxham Road

Maureen Silcoff, a former member of the IRB and past president of the Canadian Association of Refugee Lawyers has written a timely article that provides insight regarding Roxham Road. She writes that the increase in refugees arriving at Roxham Road, a crossing point between the US and Canada, has caused a stir in Canada. However, the rhetoric surrounding the issue is misplaced. Entering Canada through Roxham Road is not a guaranteed route to asylum, but rather the beginning of a rigorous process. Furthermore, Canada has a long history of protecting refugees who fear persecution based on religious or political beliefs or gender-based violence. The Safe Third Country Agreement (STCA) is at the heart of the issue, as it bars refugees from entering Canada through official ports of entry. Instead of calling for the STCA to be modernized, the government could use Article 6 of the agreement, which permits public policy exemptions to expand the categories of people who can enter through official ports of entry. Such exemptions could reduce pressure on Roxham Road, disperse people from coast to coast, and reduce entry through Quebec, allowing for settlement services across the country. Contrast Ms. Silcoff's article with recent news that Premier... Read more →

All Things Mandamus -Excerpt from Borderlines

Summary: Raj Sharma, a lawyer, explains that mandamus (an application to the federal court to compel IRCC to do something) is more of an art than a science. He says that the trigger for mandamus should be pulled when there is less discretion involved in the underlying application. He does not worry too much about stated processing times and looks at the type of the application, the needs of the client, and the circumstances. He suggests that mandamus can be a very helpful tool, but it may have to be done multiple times and it depends on the particular case. He also says that sometimes, it is better to wait a few months before filing mandamus. Steven Meurrens: When should someone file mandamus? In speaking with lawyers, I've heard everything from, not when people should, but what people's practice seems to be. If the processing time has exceeded stated processing by two x, if it's even a day over or even any time, what's the downside? Oh, and for those, a mandamus is an application to the federal court to compel IRCC to do something. In the visa context, it's usually to conclude processing. Raj Sharma: My philosophy is that... Read more →

Refugee Protection Too Often More Theory than Practice

This Aljazeera article discusses the situation of Yemeni asylum seekers on South Korea's Jeju Island. More than 550 Yemeni nationals have arrived on the island since April 2018, seeking asylum and refugee status. Jeju Island offers visa-free arrival for various nationalities, including Yemen, to boost tourism. However, the arrival of the Yemenis sparked online outcry and protests, and the asylum seekers were termed "fake refugees" because they were mostly male, well-dressed, and had smartphones. While South Korea has signed on to international conventions regarding refugees, theory is far different than practice. South Korea took Yemen off the list of countries that were offered visa-free entry onto Jeju and announced plans to tighten the country's Refugee Act. Critics saw this move as supportive of the protesters' demands. The article also includes an interview with a Yemeni asylum seeker named Mohammad Salem, who talks about his journey from Yemen, his three years in Malaysia, and his feelings towards South Korea, Islamophobia, and discrimination. He had a good life in Yemen, working at Sanaa airport and having a small business. But the war left him in a bad shape, and he had to flee to Malaysia. He found a dishwashing job at a... Read more →

Explaining Divergence or Variance in Federal Court Case Law to Clients

Summary: Raj Sharma is discussing the difficulties in explaining the contradictions in Federal Court decisions. The decisions made by the Federal Court Judges can be inconsistent, and clients come to lawyers looking for certainty and strategies to win their case. However, the approach of various judges can be different, making it challenging to advise clients on their chances of winning. This is also a problem in explaining the discrepancies in approach between various Judges at the Federal Court. Federal Court practice is complex and even winning at the Court does not mean that the application will be ultimately granted. How do you explain Federal Court decisions that seem to contradict one another? It's not easy. Clients retain our services given our litigation experience and record. A decision is made to challenge an overseas TRV refusal. We know from the case law that Officers in this regard have greater margin or deference than other decisions. That being said, an Officer must act reasonably and fairly. Getting leave is not easy and while we do win more than our fair share at the Federal Court, it's not always easy explaining the discrepancy in approach between various Judges at the Federal Court. Here's... Read more →

Immigration Delay on Iranian Spousal Sponsorship Files

The article "Kept apart for years, Iranian couples decry Canada's heartbreaking immigration delays" reports on a group of Iranian nationals in Canada who are facing long delays in processing their permanent residency applications, causing them to be separated from their partners overseas for years. The group consists of 55 couples who have been separated for up to five years and have banded together through social media to voice their frustration with the delays. The couples are accusing Immigration, Refugees and Citizenship Canada (IRCC) of failing them with "unreasonably long" delays and in some cases, denial of visitor visas. This has caused fertility concerns, financial hardships, and psychological strain on their marriages, with some couples even discussing divorce. IRCC's own processing time estimator says that spousal sponsorship should take about 16 months, but some couples say they've been in limbo for years. The group is concerned about the situation in Iran, where protests erupted last September following the death of 22-year-old Mahsa Amini, who was arrested by morality police for "unsuitable attire." Iran has been executing its own citizens as unrest continues into the new year, and Iranians have been targeted and surveilled by the regime both inside and outside the... Read more →

ChatGPT rewrites my post in iambic poetry on "Don't be oversmarrrrt"

Immigration, a journey not small, With challenges that may take a toll. Applications seem straight, but beware, Unexpected issues may be there. Spousal sponsorship, children in tow, Exams can't be done, consent to bestow. Or just a police clearance, an ease, But in a foreign land, such troubles may increase. Poorly researched plans, a common sight, Spurious advice, leading to fright. Every household, a story untold, Of non-credentialed experts, so bold. Push and pull, reasons untold, A dream of a better life, to unfold. No judgement on those, who wish to strive, For a better life, and to keep alive. Obsession takes hold, the fear of missing out, No clear path to PR, what's life about? Hare-brained schemes, more points to fail, Conditional events, may never prevail. Reality strikes, the friction so strong, Convoluted plans, go wrong. Look before you leap, take heed this call, Get advice first, before you fall. Accurate picture, likelihood of success, Possibility of failure, should we address. Years chasing a mirage, a common fate, Better to be prepared, before it's too late. Read more →

Is IRCC going to waive requirements for backlogged visitor visas?

Summary: The Canadian government is reportedly considering waiving the requirement for about 400,000 temporary resident visa applicants in the backlog to show that they will leave Canada by the end of their authorized stay. According to a memorandum obtained by the Globe and Mail, the government was not going to communicate this change and people would only find out through sudden approvals. Lawyer Raj Sharma expressed concern that the move would cause stress on the immigration system, increase refugee claims, and lead to other consequences such as LMIA and work permit issues. The lawyers fear that it may send a message of amnesty, attract more applicants (with false hope), and potentially create more problems in the immigration system. The solution going forward, according to Raj Sharma, is to charge more money for TRVs and visitor visa applications and have an internal review mechanism in place. Is IRCC going to waive requirements for visitor visas/TRVs caught up in the backlog? I don't think so -for a variety of reasons. An excerpt of our discussion on this topic is below (from the AMA Borderlines podcast session from last month): Steven Meurrens: Yeah, for those who don't know the story, the Globe and... Read more →