As an immigration lawyer, now 20 years out, I am routinely confronted with a variety of (usually complex) cases; it keeps the practice of law engaging and interesting because each file presents unique challenges, opportunities and implications. Here's a few that have crossed my desk recently.
- **Consolidation of Similar Refugee Narratives**: I was consulted on a case involving a representative worried about a notice to the Minister for intervention. He’s on for multiple refugee claims bearing striking similarities in the narratives. Not only is there is a notice to the Minister the RPD is seeking to consolidate these claims. Such scenarios raise claim integrity (see R27) and significant credibility challenges for the claimants. I'm not sure (yet) but it's possible that the IRB is employing technology to detect these cut/copy-paste attempts. It goes without saying that representatives should thoroughly canvass the client's circumstances and ensure that they do not rely on precedent and that claimants sign off on a narrative that details their own particular and personal history, risk and fear.
- **Judicial Review Against the Minister of Public Safety**: Another case involves a long-standing struggle with regarding a client who last entered Canada in 1992. Ministerial Relief has yet again been denied and we are in the midst of judicial review yet the client faces limbo—neither granted permission to formally land nor significant steps towards removal. This judicial review is an example of the often prolonged and frustrating nature of immigration enforcement and immigration litigation.
- **Cessation of Refugee Protection**: Bjorn and I have noted the increase in CBSA applications to cease refugee protection for individuals who returned to their country of origin after being granted asylum in Canada. This apparent uptick is despite the Federal Court of Appeal's decision in the case of *Galindo Camayo*, which is a significant positive development in this area. One would think that protected persons were aware of the immigration jeopardy of returning to the country against which they’ve alleged risk.
- **Challenges of Polygamy in Immigration Applications**: A consultation that came across my desk involved the challenge of facilitating the immigration of another wife to Canada, notwithstanding Canadian law and regulations explicitly exclude polygamous relationships. There are of course numerous ethical and other issues at play.
- **ESDC and CBSA Audit of an Immigration Firm**: An ongoing audit conducted by Employment and Social Development Canada (ESDC) and CBSA targets an immigration consultancy firm that has also employed a significant number of temporary foreign workers. This audit suggests that enforcement is happening more and more and it also raises questions about the practices of some immigration firms that largely deal with LMIA and recruitment; many are not actually registered to do so and continue to charge significant sums to the applicants cloaking those fees under the guise of application work.
- **Increase in Refugee Applications Following Ministerial Relaxations**: Our office has seen a notable rise in applications for refugee protection following the Minister's decision to relax requirements for temporary resident visas last year.
It's been an interesting year and it's only April!
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