Stewart Sharma Harsanyi Immigration Law Firm Blog

Misguided Credibility Concerns and the Impact on Refugee Decision Making

Today's hearing, where my client and I navigated the intense and often microscopic questioning from a member, was a reminder of the challenges refugee claimants face, even in cases that appear prima facie strong. My client, an LGBTQ+ individual fearing return to a repressive country, was subjected to a level of scrutiny that may have felt overwhelming for her; I was not overwhelmed but certainly put off given the development in the jurisprudence and the Board's own policies in this regard. The hearing started off with a deep dive in terms of a delay in making the claim. Decision makers continue to make assumptions about how people "should" respond to fear and danger. Hilary Evans Cameron, a former classmate of mine at Osgoode Hall, has deeply examined this issue in her research. She points out that adjudicators often assume that those who fear for their lives will behave in predictable ways—fleeing immediately, seeking protection in the first safe country they reach, and never returning to their homeland. But as Cameron's work makes clear, these assumptions are not based on evidence; rather, they ignore decades of research across disciplines like psychology, sociology, and anthropology, which show that human responses to danger... Read more →

The Writing is On the Wall

Another day another announcement pertaining to restrictions to immigration and in particular to temporary residents. The writing has been on the wall for some time now: more changes are coming to Canadian immigration policy, particularly affecting temporary residents and admissions. Earlier this month, Minister Randy Boissonnault met with top business associations to emphasize that the Temporary Foreign Worker (TFW) program should not replace hiring Canadians. The government is saying that despite them throwing the doors wide open on TFW numbers they are now serious on cracking down on misuse and fraud within the system with the following actions: Enforcing the 20% cap policy for TFWs, including stricter guidelines for those applying for permanent residency. Implementing rigorous oversight in high-risk areas for Labour Market Impact Assessments (LMIAs) and inspections. Considering LMIA fee increases for better integrity and processing activities. Exploring future regulatory changes, like minimum business operation years or lay-off history, for employer eligibility. Minister Boissonnault is also considering refusing to process under the low wage stream, potentially restricting TFW Program use in certain areas and industries. A new foreign labour stream for Agriculture and Fish & Seafood Processing is also in the works, as per Budget 2022. These steps follow... Read more →

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024.

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024. 2024 08 08 RedFM Interview Stewart Sharma Harsanyi Immigration Lawyers · 2024 08 08 RedFM Interview Summary of August. 08, 2024 REDFM Interview: Drastic Changes in Immigration: Significant changes in immigration policies and procedures, especially since COVID-19. Work Permits and TRV during Covid-19: Transitioning from temporary resident visas (TRV) to work permits (WP) had seen increased flexibility. Work Permit Approvals: Approvals of work permits have doubled since 2019, with a 90% increase by 2023. Upcoming Regulations: Randy Boissonnault’s new regulations are to be announced and to impose more restrictions, particularly on low-wage and low-skill jobs. LMIA for Work Permits and PR: Labor Market Impact Assessments (LMIAs) are required for work permits and eventually for permanent residency (PR). Exploitation Risks: The high demand for work permits has led to exploitation of workers. Restricted Categories: Future restrictions may target temporary residents, students, and TRVs. Low wage and low skilled occupations are at greater risk. No specifics, but broadly the Canadian population is 7 percent TRV holders, this is going to be brought down to 5... Read more →