Stewart Sharma Harsanyi Immigration Law Firm Blog

RedFM Punjabi Language Interview with Raj Sharma and Ashwin Sharma Discussing Canada's New Immigration Initiatives

My brother, Ashwin Sharma (a well known and respected US immigration attorney), and I were interviewed by Rishi Nagar on RedFM to discuss Canada's new immigration initiatives, including the 'digital nomad' announcement and an interesting stream targeting those with H1B visas in the US. Ashwin is the H1B expert and provided valuable insight and context regarding the H1B program in the US. Further details are expected later in July and it will be very interesting to see whether Canada can cherry-pick highly skilled H1B holders in the US with the allure of a 3 year open work permit (along with status for spouses and children) and, one expects, a ready pathway to Permanent Residence in this country. 2023 09 28 redfm interview with ashwin on tech streams Stewart Sharma Harsanyi Immigration Lawyers · 2023 09 28 Redfm Interview On Tech Streams Raj Sharma and Ashwin Sharma Read more →

Challenging Visa Office Refusals at the Federal Court of Canada

The first time I appeared before the Federal Court was almost 20 years ago. Things have changed -in terms of filing procedures, remote hearings and jurisprudence from the Supreme Court with respect to deference and the reasonableness standard. Other things have not changed. One perennial issue is apparent divergence in the Court. That divergence is perhaps inevitable: one judge’s decisions do not bind another. One judge's threshold of “reasonableness” (invariably subjective despite the efforts of the Supreme Court) can vary from another's, and thus lead to different outcomes. Thus, two cases with similar facts might have different outcomes, understandably leading to confusion or frustration for clients. For example, prior to the amendment to the Citizenship Act, there was divergence in case law relating to the requirements for citizenship, such as the metaphysical test of where an individual's soul lies versus the strict physical presence test (“two feet on the ground” test). That divergence has now been put to rest with the strict physical presence now the black letter of the law. While this divergence was apparent on some select matters in the past, one can speculate that the Federal Court has become further divided due to the influx of new... Read more →

Punjabi language interview: The Supreme Court on the Safe Third Country Agreement and the Plight of Indian International Students

I was interviewed by Calgary RedFM News Director Rishi Nagar on the Supreme Court decision on the Safe Third Country Agreement and the plight of Indian international students caught up in the fake admission letter scam. 2023 06 19 redfm interview stc and students Stewart Sharma Harsanyi Immigration Lawyers · 2023 06 19 Redfm Interview Stc And Students I've discussed this matter in the past (including with Kubeir Kamal); while the present outcome has turned out in favour of the students affected there will be a number of downstream consequences. There is also a very recent decision on this matter by the Federal Court: Singh v. MCI 2023 FC 747. Read more →

Immigration Detention

There was welcome news and developments concerning Canada's troubling use of provincial jails to house foreign nationals including refugee claimants in Canada. Ontario has announced that it will stop allowing the Federal Government to use its jails for immigration detainees. It will take effect in a year, but it's a development long awaited by stakeholders. From the Toronto Star: Canada’s use of maximum-security provincial jails to hold immigration detainees — who are not charged with a crime or serving a sentence, but can be detained indefinitely — has for years drawn condemnation from human rights organizations, including the United Nations. ... It was the subject of a recent Toronto Star investigation, which found more than 80 per cent of immigration detainees held in Ontario’s jails last year were detained solely on the grounds they were “unlikely to appear” for their deportation, not because they were considered dangerous. In more than half of the five dozen cases reviewed by the Star, detainees had reported mental health issues, and they were often subject to punishing conditions, including frequent lockdowns and solitary confinement. The basis most utilized to justify detention was that the foreign national/person concerned was unlikely to appear or is a... Read more →