Stewart Sharma Harsanyi Immigration Law Firm Blog

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 →