Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Consequences on Findings of Misrepresentation for Overseas Spousal Work Permits

I was counsel on several refusals of work permit applications made by a spouse [overseas] seeking to join their husband/wife/partner in Canada [the spouses here were international students]. The refusals were strikingly similar; the decisions were made by the same officers in the same office [CHC Delhi]. Officer "AP" who made the initial decision -that she wasn't satisfied or that there was insufficient evidence provided regarding the bona fides or genuineness of the relationship and then recommending a finding of misrepresentation, which was affirmed by Officer "TS". A finding of misrepresentation on the overseas spouse not only results in the refusal of the work permit application, but it also poses an impediment to the intended and likely future application for permanent residence by the spouse in Canada. A Canadian PR or citizen spouse who seeks to sponsor his or her partner to Canada under the Family Class has (generally) an appeal on the merits, a de novo appeal to the Immigration Appeal Division. There is no such fulsome or substantive review in cases involving a finding of misrepresentation by an overseas spouse on a work permit (or visitor visa). This very serious finding of misrepresentation can only be reviewed by... Read more →

Dealing with Dated and Dismissed Criminal Charges

We are handling a number of cases all concerning dated and dismissed criminal charges. All of these refusals are from the Philippines (Manila Visa Office). In these cases, the applicants have provided court documents that the charges have been dismissed. Most of these incidents occurred decades ago. After the Procedural Fairness Letter, the applicants try and obtain documents pertaining to the charges. This includes court certificates that the charges have been dismissed and they have also provided their own statements as to what happened (or didn't happen). However, the visa officer still wants more (whether or not these other documents exist or not, after the passage of decades) and the application is refused. Some officers will never be satisfied. That is simply the way of the world. Some of the refusals are based on section 16(1) of the Act, which requires applicants to answer truthfully and "provide all relevant evidence and documents that the officer reasonably requires." Some refusals are based on a finding that the applicant is criminally inadmissible under s.36(2)(c) -even though there are court documents indicating the charges have been dismissed. Nevertheless, some kind of equivalency is done to a offence in Canada. The starting point is... Read more →

Interview on the Jon McComb Show - February 5, 2019 - Immigration Consequences for Jaskirat Singh Sidhu Guilty Plea

Paul Jefferson: "Yes, we helped [inaudible 00:00:03] but at the same time he's a human being who ... he's not a serial killer. He didn't go out and kill anybody that day." Jon McComb: The thoughts of Paul Jefferson. He is a billet parent for the Humboldt Broncos. Speaking about Jaskirat Singh Sidhu at a sentence hearing last week and questions remain about the fate of the truck driver who caused the deadly Humboldt bus crash. He's going to be sentenced on March 22nd for 29 dangerous driving causing death charges. Mr. Sidhu is a Canadian permanent resident but not a citizen. Any sentence over six months makes him liable for deportation back to his native India. Would a sentence of several years, or many years, make him eligible to be deported to India and is that the proper response in this kind of case? Joining us on the line now from Calgary is immigration lawyer Raj Sharma. Mr. Sharma, nice to have you on our program. Raj Sharma: My pleasure. Jon McComb: Tell me, because basically all people who come to Canada from another country, unless they become citizens, are liable for deportation if they commit a serious crime.... Read more →

Will Jaskirat Singh Sidhu be Deported?

Will Jaskirat Singh Sidhu be deported? My thoughts -starts at about 13:40 of this interview with Danielle Smith of AM770. Danielle Smith: Okay. Now everybody is wondering why, right? Why did he blow through the stop sign? So Jaskirat Singh Sidhu, I will read his full statement. Of course it's quite short, but his lawyer says that the victim's family has been asking why his client went through the stop sign. He said, "I'm disappointed to say that I can't tell people what happened. He simply doesn't know. He beats himself up every day. Why didn't I see the signs? Why didn't I stop?" He said that Sidhu immigrated from India five years ago, and three weeks before the crash was hired by a small trucking company in Calgary. He spent two weeks driving with another driver before heading out on his own for his first time in the area near Tisdale. about 15 minutes before the collision, Sidhu stopped to adjust tarps covering his load. As he was heading towards the intersection, he was still focused on the tarps, and was looking in his rear mirrors. Danielle Smith: He said, "Sidhu didn't see the intersection and he didn't see... Read more →

Marriage Fraud Charges in Alberta

I discussed marriage fraud on Alberta Primetime in early 2014. Michael: First comes love, then comes marriage, unless it's all a ruse for Canadian citizenship. A 60-year-old Alberta man is the first in our province to be charged by the Canada Border Services Agency for an alleged marriage of convenience, a case falling under the Immigration and Refugee Protection Act, which was given new teeth in 2012 as part of the federal government's much-publicized promise of cracking down on marriage fraud. Is that promise being fulfilled? Joining us now, Raj Sharma, an immigration lawyer with the Calgary firm, Stewart Sharma Harsanyi. Good evening, Raj. Good to see you. Raj Sharma: Good to be with you. Michael: All right. This is the first case where border service investigations have resulted in charges here in Alberta. It's also being reported that since April of last year of 10 cases where there were charges, 8 have been concluded; 6 have resulted in convictions. What does that say to you about the government's track record since implementing changes? Raj Sharma: Well, Michael, the key is to look at this in the overall context. The overall context is that Minister Kenney himself has said that... Read more →

A half truth is a whole lie. Misrepresentation Explained.

A great deal of our practice deals with allegations by CIC of misrepresentation committed by those that seek to enter, remain or bring others to Canada. As with most things in life, prevention is the best cure. Despite what anyone tells you, do not: list someone else's child as yours simply to bring them to Canada; lie about the ages of children so that they meet the definition of a dependent child; provide false employment letters or other documents to establish you meet the requirements when you don't; commit marriage fraud (collusion or otherwise); exaggerate your time in Canada to meet the residency requirements for Permanent Residents or Citizenship; fail to mention children, spouses, common-law partners; fail to mention residency in other countries; Bear in mind, that this is not an exhaustive list. Even if you succeed in coming to Canada despite leaving something important out, or outright deception, you will find yourself in the unenviable situation of waiting for the other shoe to drop for years waiting, hoping against hope, that CIC will not discover your half-truth, un-truth, omission or outright falsehood. Finally, Justice Strickland's comments in Goburdhun v. MCI 2013 FC 971 are of assistance: [43] I also... Read more →

Stopping an imminent deportation

Bjorn and I attended at the Federal Court earlier this week to seek the stay of removal for one of our clients. We were successful. Our client, a 21 year permanent resident of Canada received a removal order for passing a bad cheque (I do not joke). On some really bad advice from a non immigration lawyer, he did not appeal the order. We filed the notice of appeal with an extension of time request which was refused (improperly in our view) and we sought judicial review if that decision. CBSA sought to remove our client on Monday prior to the JR. We relied (in part) on the stay we received in the Jackie Tran in 2009. A news radio broadcast from that busy week is attached: Download Memo Mike: Refugee board for reputed gangster Jackie Tran, one of countless hearings, and appearances, that have been going on for the past 5 years, since Tran was ordered deported from the country. Still fighting deportation to his native Vietnam. CHQR's Aurelio Perri covering this case today. Aurelio, thanks for joining us this afternoon. Aurelio: Hi there Mike. Mike: Now Tran is going to stay behind bars for now, until what? One... Read more →

Deportation from Canada

Deportation, which removes an individual from a country that he or she has lived in (perhaps for a significant period of their lives) and severs or traumatizes familial ties is a punishment that should not be lightly imposed. Read more →

Deporting a Permanent Resident

Canada is seeking to deport or remove Belhassen Trabelsi, the brother-in-law of ousted Tunisian President Zine Ben Ali. Trabelsi is (or perhaps was) a permanent resident of Canada. Foreign Affairs Minister Lawrence Cannon has made clear the Canadian government's commitment in removing Trabelsi, whether by deporting him or extraditing him. Extradition is a criminal process and, generally speaking, is the fastest way of removing an individual. The Globe and Mail has reported that the Federal Government has "revoked" Trabelsi's permanent resident status. There is no avenue to simply strip a permanent resident of his or her legal status in Canada. Deporting a permanent resident can take a number of permutations. It could be that Trabelsi has committed an offence outside Canada; he may have committed misrepresentation on his own application for permanent residency; or he simply may not have complied with the residency requirement imposed on all permanent residents (2 years in Canada out of every 5). Either could be grounds for a report alleging inadmissibility that would be prepared by the CBSA. This report would then be referred to the Immigration Division, a quasi-judicial administrative tribunal where Trabelsi could challenge the CBSA allegations. If a removal order is issued... Read more →

Criminality appeals before the IAD

I was before the IAD on a number of appeals involving removal orders for criminality. As I've written in the past, these appeals involve the consideration of the so called "Ribic factors", namely: Seriousness of the offence leading to the removal order; Remorse/potential for rehabilitation; Length of time/establishment in Canada; Family in Canada and the dislocation to that family upon removal; Community support; and Degree of hardship upon return. Such hearings are analogous to sentencing hearings in criminal courts. I typically get the following evidence before the panel: - when the appellant came to Canada, his/her age at the time; - how the appellant became a permanent resident; - languages spoken; - employment history; - education (in Canada and the country of origin); - relationship history; - family composition; - children and arrangements for support; - household finances and financial contribution/dependency (if any); - assets/liabilities; - support from friends and family; - circumstances of the offence (including whether violence was involved/whether it was a pattern of offences or a singular occurrence); - country evidence for the country of return; - efforts at rehabilitation/compliance with probation or other conditions imposed after the criminal finding of guilt/counselling, degree of insight (this is... Read more →

Marriages of Convenience continuing concern

Marriages of convenience - fraudulent marriages arranged to bring a foreign national to Canada are a continuing concern. CBC Article here. Why should people care about this issue? Well, for one, the integrity of our immigration system is at stake. The other reason is that a surfeit of fraudulent marriages means that immigration will respond by tightening requirements, which might mean that legitimate marriages will be lumped in with the fraudulent. When a marriage is denied, the couple have the option to appeal the refusal to the Immigration Appeal Division. In my experience, the Immigration Appeal Division allows the majority of such appeals. That means that legitimate couples were forced to go through several years and pay thousands of dollars in travel and legal fees to prove their real marriage were in fact real. There's no easy answer or solution. Some might suggest increasing funding and investigations. At the end of the day, we may realize that our approach is wrong. I would suggest that the sponsorship be straightforward, but that a provisional visa be provided to anyone being sponsored in this manner. The provisional visa would allow them to enter and reside here, and start their life in Canada.... Read more →

CBSA Officers

A CBSA Enforcement Officer's job is inherently difficult. By definition he or she is dealing with potential infractions to Canada's immigration regime and has a mandate to uphold the integrity of the system. They see only the pathology and/or the 'bad apples' and it would be easy for them to become cynical and jaded. It's a given that they will encounter, on a daily basis: war criminals; failed refugee claimants; individuals who are abusing the immigration system; people working without authorization; employers in non-compliance with IRPA; people that have overstayed their visitor visa; identity fraud; criminals who need to be removed from Canada; and, sometimes, simple dupes or other victims - among others. While as lawyers we sometimes are in a somewhat adversarial position with CBSA, the officers here in Calgary are firm but generally fair. My encounter today with Darryl Zelisko was representative of my dealings with other officers. The officer was courteous and respectful with my client, but clear as to the repercussions with respect to his failure to attend at a secondary examination. We dealt with the warrant that was issued and the client was released on a cash bond and terms and conditions. All in a... Read more →

Interview: Section 44 Report

Just attended an interview with my client with CBSA pertaining to an allegation of criminal inadmissibility. The Officer has discretion in terms of whether writing a report (s.44 report) and discretion in whether or not to recommend a referral of that report to the Immigration Division of the Immigration and Refugee Board. The interview canvassed a number of areas, but started off with the basic 'tombstone' information, such as the legal name, address, employer, date of birth, place of birth and whether the client has applied for Canadian Citizenship. Questions also included: Employment history Family in Canada and in the country of nationality/origin Assets/Liabilities and whether the client had received social assistance Education Travel history Language ability Employment/Job skills Breach of previous probation Details of criminal convictions and circumstances of each offence Treatment/programs taken Health condition Rehabilitation/what's to prevent relapse into criminal behavior In this case, while the seriousness of the offence is not a factor in my client's favour, his time in Canada, and his family (including a 2 month old child) may persuade the officer to exercise positive discretion in this matter. I will make written submissions and will likely seek a psychological report to underscore the client's... Read more →

Back from remand

Just got back from the remand centre and preparing for the detention review to be held this AM. The detention review will likely be concerned with whether detention can be continued on the basis that the client is a danger to the public and/or whether he is a flight risk (or likely to appear for removal). Removal has been scheduled and is imminent. An application for a stay of removal has been filed with the Federal Court. This will be raised with the Immigration Division. In terms of 'danger', the IAD has found the client not to be (personally) a danger to the public; he has also been released from custody in the past. A decision is generally rendered immediately after the conclusion of submissions. Read more →

ELF '...Rebels Not Welcome' in Canada

National Post article, Monday June 9, 2008, indicates that members (or former members) of the Eritrean rebel group ELF have been determined 'inadmissible' to Canada by the CBSA. CBSA's actions have been challenged, apparently unsuccessfully in the case of Shewainesch Tsegai Ugbazghi, who successfully claimed refugee status in Canada in 2003, but has been denied landing as a permanent resident because of her past ties with the group. The inadmissibility provisions in the Immigration and Refugee Protection Act can be found at sections 33-43. In this particular case, the relevant provision is s.34(1). Personal involvement in violence is essentially irrelevant and is within the broad ambit of this section. I have dealt with a similar inadmissibility scenario - but for a (former) member of the MQM - a 'political' group in Pakistan accused of 'engaging in terrorism'. Read more →

Alleged Basque Terrorist Ordered Deported

It appears that Ivan Apaolaza Sancho, an alleged member of the Basque terrorist group ETA, has been ordered deported by the Immigration and Refugee Board. The news articles I reviewed haven't exactly defined which tribunal ordered the 'deportation' (one mentioned the Refugee Board, but this is not likely) - and details of the immigration/legal proceedings were sparse. What has probably occurred is that Mr. Sancho has been deemed inadmissible to Canada (likely under security grounds). This decision has likely been made by the Immigration and Refugee Board, Immigration Division. Before Sancho will be removed, he will have an opportunity to present evidence supporting a personal risk should he be removed to his country of nationality. His counsel has indicated that he will seek judicial review of commissioner Louis Dube's decision at the Federal Court of Canada which has jurisdiction over impugned decisions of the IRB. CTV article here. Excerpt: ... Immigration and Refugee Board commissioner Louis Dube said Tuesday there is sufficient evidence to show that Ivan Apaolaza Sancho was a member of Basque separatist group ETA. ... His lawyer, William Sloan, says he will go to Federal Court to challenge the deportation ruling. He also intends to go to... Read more →

Crackdown on Marriages of Convenience

It looks as if Citizenship and Immigration is moving aggressively on marriages of convenience. A marriage to a Canadian citizen or permanent resident is one of the fastest, and many times is the only way for otherwise ineligible immigrants to enter Canada. With such incentives, it's little wonder that marriages of conveience (with the connivance of the sponsor for money or other consideration, or simply a deception upon the sponsor) occur. Interesting article in the Globe and Mail here.Toronto's Ramesh Maharaj had railed against the decision of an immigration officer refusing his sponsorship in 2005. After a successful appeal of the decision to the Immigration Appeal Division, Mr. Maharaj's spouse arrived in Canada and left him shortly after. Maharaj is now vice-president of the organization 'Canadians Against Marriage Fraud'. To combat marriage fraud, the department has now deployed 'clandestine' teams in foreign countries. In addition, visa officers are receiving training to ask 'better questions' of apparent couples. Excerpt of Globe and Mail article - which also contains information on the immigration policies of other countries in relation to spousal sponsorships: The Harper government is deploying clandestine teams to fan out across foreign countries and gather raw information about elaborately staged... Read more →

Consequences of Misrepresentation – CBA National Citizenship and Immigration Law CLE Conference

CBA National Citizenship and Immigration Law CLE Conference - May 16-17, 2008 Niagara-on-the-Lake, Ontario May 15, 2008 I've just taken an opportunity to review some of the materials for the CBA Conference. Between watching the movie "Charlie Wilson's War" (which inexplicably shut down a number of times during the flight) and flipping through some of the papers I printed off, I came across a paper by Shoshana T. Green "Consequences of a Misrepresentation Allegation". Ms. Green basically confirms my experience that a dramatic trend has surfaced indicating both CIC and CBSA are pursuing permanent residents on grounds of inadmissibility arising from misrepresentation. Ms. Green notes several scenarios that result in investigation, a finding of inadmissibility and possible appeal to the Immigration Appeal Division. The first is the 'short marriage' which leads CIC to believe that the permanent resident originally arrived in Canada on the basis of a fraudulent marriage (aka 'marriage of convenience'). Once the now permanent resident divorces the partner of convenience (what Ms. Green calls a 'short marriage') and returns to their country of nationality for marriage and sponsorship - CIC attempts to move against the permanent resident for misrepresentation. Another scenario that CIC/CBSA follows... Read more →

Laibar Singh - the saga continues

It appears that the inability to deport Laibar has taken a toll on CBSA enforcement officers: As first reported in The Globe and Mail this week, Mr. Moran has expressed concerns about the suggestion that the case of Mr. Singh has gone on too long, frustrating B.C.-based members of his union. A confidential assessment of the situation, prepared for Mr. Moran by a B.C. employee of the agency's removals unit, said most officers feel "not removing Mr. Singh makes us look impotent." The author of the assessment says officers are "very frustrated about how the case is being handled, and how it makes us look." It appears that CBSA enforcement have been advised that the removal of Laibar Singh is a question of when, not if. **** Update ***** The Vancouver Sun has published an article detailing the costs incurred by the Canadian government - or more appropriately, by Canadian taxpayers by the ongoing Laibar Singh saga. In essence: ... In response to an Access to Information request from The Sun, the Canada Border Services Agency provided a breakdown of the $62,947 it has spent so far on the Singh case: - Three payments to Fox Flight Air Ambulance for... Read more →

Basque Terrorist Fights Deportation

Ivan Apaolaza Sancho, a suspected Basque terrorist is fighting to stay in Canada. Accused of participation in 2 attempted car bombings, Sancho's counsel intends to put the Spanish government "on trial" to keep his client in Canada. National Post Article here. Read more →