Stewart Sharma Harsanyi Immigration Law Firm Blog

Reverse or Onward Migration a Growing Trend

I had the opportunity to engage in an insightful conversation with Ritesh Lakhi on RedFM Vancouver, where we delved into the pressing issue of onward migration amongst new immigrants in Canada. Our discussion shed light on the growing trend of immigrants leaving Canada due to various factors, including the challenges of housing affordability, rising inflation, and other socio-economic hurdles. We also explored the crucial aspect of not only immigrant intake but the significance of their integration and retention in Canada. The conversation highlighted the upcoming challenges and the need for strategic approaches to ensure the successful assimilation of non-immigrant residents in the Canadian societal fabric. What is reverse or onward migration? Simply put, growing numbers of immigrants are choosing to leave rather than stay: Ottawa, ON — A new report from the Institute for Canadian Citizenship (ICC), The Leaky Bucket, finds that growing numbers of immigrants to Canada are deciding to leave rather than stay. The report, produced for the ICC by the Conference Board of Canada, finds onward migration, immigrants leaving Canada, has been increasing slowly for decades, but suddenly surged in 2017 and 2019 — the most recent period of available data. The report also finds the risk... Read more →

2023 A Year in Review

Another year comes to a close. We've seen over the past 365 days a plethora of immigration news, announcements and developments (we even got through a federal government strike, thankfully one that seemed to have minimum impact on processing). One constant in this field has been the revolving door at the very top; 2023 saw yet another Minister take charge (I’m losing count of the number of Ministers I’ve seen come and go since I started practice). What has stood out for me this year was the following: The end to immigration detention –at least in the form that many of us were familiar with. For those unfamiliar with those dark times, here’s an interview where immigration detention was discussed ten years ago. And, lest we forget, Canada, like the US, was also no stranger to detaining minor children (including Canadian citizens because their parent(s) was detained). Alberta gave notice to CBSA to end the detention agreement and I was interviewed on this issue in January of this year: “Conditions at the (Calgary) Remand Centre are a very blunt instrument for the vagaries of immigrant situations,” said Raj Sharma, a Calgary immigration lawyer. “A typical detainee profile is someone who’s... Read more →

2023 Year End Interview -Immigration Developments in the UK, Australia, and Canada

December 2023 -year end interview with RedFM host Rishi Nagar, UK immigration lawyer Harjap Bhangal and Canadian immigration lawyer Raj Sharma KC discussing immigration developments in the Anglosphere -US, UK, Australia, and Canada. From a recent Toronto Star article: As Canada wrestles with questions about its own immigration plan, two of the countries it competes with for immigrants are taking measures to limit how many newcomers they're taking in. Earlier this month, the United Kingdom launched a five-point plan in an attempt to slash its net migration by 300,000 from 672,000 in 2023. Last week, Australia unveiled new measures aiming to halve its annual immigration intake in 2025 from a record 510,000 people this year. Like Canada, both countries are facing public pressures over housing shortages and the soaring cost of living. As I discussed in the interview, some of the changes brought in by the UK would be anathema here in Canada: In the U.K., officials are going to raise the minimum annual salary for a sponsored skilled worker by almost 48 per cent to £38,700 (except for health and care workers). They will reduce the number of qualifying occupations under the shortage occupation list that allows employers to... Read more →

The Scope of Discretion under s.44(1) and 44(2) of the IRPA

A PR loses a substantive right of appeal to the IAD if they are convicted and sentenced to a term of imprisonment of 6 months or longer in Canada. One approach to deal with such cases was to seek the Officer/Delegate's discretion not to write a report. No report means no enforcement. This was the approach taken by Jaskirat Sidhu who pled guilty and received an incarceral sentence of 8 years. Through counsel he made extensive submissions to the responsible officer/Minister's Delegate. The officer/MD ultimately proceeded with writing/referring the s.44(1) and (2) report. Chief Justice Crampton dismissed the application for leave and judicial review filed by Jaskirat Singh Sidhu against the decision to write and refer the s.44 report. [1] The circumstances leading to these proceedings are heartbreaking. I cannot recall any case more truly tragic for everyone involved. ... [4] By all accounts, Mr. Sidhu has demonstrated an extraordinary degree of genuine, heart-wrenching remorse. He now faces removal to India, after he and Ms. Mann spent many years of hard work to establish themselves in Canada. ... [8] Unfortunately, regardless of my determinations, the healing required to return to some form of a better life may become more difficult... Read more →

The Blame Game Then and Now

Contrary to recent narratives blaming immigrants for economic challenges, the reality in Canada is complex. It should also be noted that these concerns are not new. An article from 2017, at least 2 Liberal immigration ministers ago, could have been from this year: He [Gilles Paquet, an author and economics professor emeritus at the University of Ottawa} believes an immigration intake of 300,000 or more is "mindless," arguing that Canada does not have the capacity to adequately help them transition with services and supports. ... The result, he says, is growing frustration, marginalization and a number of cultural "enclaves" across the country that will lead to increased public tensions and problems down the road. ... Increased immigration levels are putting too much pressure on the demand for housing, road space and recreational facilities, where demand has outpaced supply in some cities like Vancouver. It's especially easy to blame temporary residents like international students and temporary foreign workers. As I've written previously, international students went from heroes to zeros in fairly short order. There is a legitimate debate to be had on the relatively recent uptick in immigration intake and impact on housing and social services. International students are screened to... Read more →