Stewart Sharma Harsanyi Immigration Law Firm Blog

Turf Wars: Lawyers and Immigration Consultants

Vic Satzewich wrote a book some time ago, Points of Entry, that lifted the curtain on overseas visa processing. While now somewhat dated, it provided great insight to those of us on the other side of that curtain. As lawyers we saw the outcome and to understand the process had to reverse engineer CAIPS/GCMS notes, decisions, and what our client’s told us what happened during their interviews with visa offices. That type of insight is invaluable; both Bjorn and I were Officers but with the IRB and IRCC in-land. Satzewich has continued to write in this area. In a more recent article, published in the Canadian Review of Sociology, he “examines the 33 year-long jurisdictional dispute between immigration lawyers and immigration consultants…” concluding, in part, that the legal profession were not able to kick the consultants out (my wording, not his) because lawyers did not speak with one voice at the 2017 Standing Committee hearings on this matter. Satzewich examined the testimony of the nine lawyers that appeared; on one side was Ravi Jain and Kathleen Terroux of the CBA on the other were “consultant friendly” lawyers including myself, Lorne Waldman and Richard Kurland. Jain advanced a “hard-line eradication” position... Read more →

Is it Time for an Amnesty for the Undocumented and Without Status?

Canada has seen a significant increase in the number of people issued permits to temporarily work and study. While intake is high, many will not be able to navigate the various immigration pathways to permanent residence status. A significant number of these individuals may not want to leave at the end of their authorized period of stay. There are already, perhaps (nobody really knows), about half a million individuals in Canada already "underground" or without status/undocumented. The number of those without status in Canada therefore will only grow. Some are calling to address the growing population of undocumented workers. I suppose this means that Canada provide permanent resident status to those who have already overstayed their authorized entries or whose official authorization is about to expire. There are some new programs that seek to accept those who are already in Canada and contribute to their communities, but the take-up and volume is low due to eligibility restrictions. There is the H&C or humanitarian and compassionate application but as (now CJ) Justice Wagner indicated in his minority opinion in Kanthasamy, this was not envisaged as a standalone immigration class (I respectfully disagree). An amnesty or waiver is not without precedent. In... Read more →

Satpal Singh Jhatu: On the CBSA Most Wanted List

Satpal Singh Jhatu, a long term permanent resident of Canada was ordered deported years ago for the brutal killing for hire in BC and now finds himself, for good reason, on the CBSA Most Wanted List. Read more →

The Foolish Fraser Institute

I have come across the recent Fraser report which was picked up in the National Post. The Fraser report is 62 pages long and concludes that immigrants cost us $23 billon a year. Their solution: Canadian women should have more babies and maybe if we don't let any garbage collectors into the country, we will come up with market solutions and technological advances to replace all low skilled positions. They also have policy recommendations which seem to highlight their lack of knowledge about our current immigration system involving TFWs. I find it hard to contain myself at reading the so called miscellaneous other benefits of immigration section at page 20 and particularly this paragraph: Another benefit from immigration often mentioned is that it enriches the cultural life of Canadians. The value of this feel-good benefit also is impossible to measure but it is legitimate to note that Canadians already enjoy an abundance of ethnic restaurants and festivals and that further increases are likely to bring relatively smaller additional benefits. It is shocking that there is no understanding of matters "Beyond the Bottom Line" or an idea of how to look at the greater socio-political, human rights, and Charter issues at... Read more →

Why Jason Kenney is Wrong

Earlier this month, in a speech to law students at the University of Western Ontario, Jason Kenney, the Minister of Citizenship and Immigration, criticized what he perceived as undue interference of the Federal Court in the decisions of his department. Surprised that a Cabinet Minister would undermine the judiciary and not respect its independence, I twittered the following on February 11, 2011: @MinJK maybe the Federal Court wouldn't have to interfere if justice was provided by CIC/IRB decision makers in the first instance? I didn't actually expect any response, so I was surprised when, within seconds, the Minister responded: MinJK Does justice mean letting gangster Jackie Tran stay? RT @immlawyercanada: Fed Ct wouldn't have to interfere if ... My response: @MinJK no justice means understanding that there is no place for 'untrammeled discretion' in Canada ... Part of what I view as 'justice' is the availability of oversight over the decisions of the government. The 'Rule of Law' is simply a bridle or restraint over the exercise of power. So ... it's not about 'letting gangster Jackie Tran stay' in Canada, its about making sure that the process that resulted in a long term permanent resident being removed was done... Read more →

Chilean faces deportation after three decades in Canada

Victor Morales, a man who has lived in Canada for more than three decades, is fighting deportation to a country that he has not seen since he was a child. Read more →

CIC Investigations: Marriages of Convenience

Citizenship and Immigration Canada here in Calgary is investigating individuals that came to Canada by marrying a Canadian/permanent resident spouse and subsequently divorced that spouse to remarry and sponsor a new spouse. One officer is tasked with this responsibility and there are perhaps 40 individuals that are being interviewed in the next few weeks. I attended with my client for the first interview last week. The purpose of the interview is to discuss the first marriage -- and to do an after the fact exercise in determining whether it was genuine. If the officer is not satisfied, the individual could be written up for misrepresentation and face removal from Canada. The typical fact scenario is the following: Individual marries a CC (Canadian Citizen or Permanent Resident) and is sponsored to Canada; Individual divorces the CC or PR and (typically within a year of the divorce) returns to their country to marry again; The second sponsorship is submitted but CIC gets concerned, puts that sponsorship on hold and refers the matter to the local office for further investigation; Time passes ... the individual and his (second) spouse are separated ... the visa office abroad refuses to process the application for the... Read more →

Top Immigration Story for 2010

The year is almost at a close. If I were asked what the top immigration news story for 2010 would be, I would have to say it would be the change in attitude towards immigrants and refugees. The Economist's article: A Smaller Welcome Mat contains some interesting points, but misses the overall picture. The headline is inaccurate -- the numbers of immigrants coming to Canada remains consistent with previous years. Canada's 'welcome mat' remains for skilled workers and temporary workers. Canada continues to have a robust program for international students. It is true that the net worth requirement of 'investors' has been raised, but that seems appropriate given the current economic realities of the world and high net worth individuals. It is not about the numbers -- but about the shift in attitude. The CBSA/immigration enforcement authorities seem more willing to investigate and deal with (perceived or otherwise) immigration abuse. Unauthorized consultants have been targeted by new legislation. CIC has toughened the citizenship exam and released a publication laying out some expectations for prospective citizens. Visa requirements have been placed on visitors from Mexico and the Czech Republic, stymying refugee claims deemed to be bogus. A lot of sound and... Read more →

How to find a good lawyer

Lawyers are usually consulted for mundane reasons, like the purchase of a home or the drafting of a will. Lawyers are great resources for anyone in business. Obviously, an individual's interactions with the criminal justice system is a serious occasion for legal consultation. How does someone go about finding a lawyer to help them with their particular situation? I'm not sure if looking up a lawyer in the Yellow Pages is the best way (although we -- and many other lawyers -- advertise there). Perhaps the Yellow Pages can be a starting point. I don't think lawyers should be hired just because they are of the same ethnicity (although if there is an english issue, a multi-lingual lawyer can be a good thing). Hiring a lawyer should be an informational based decision. Research on the internet, from google searches or reading a lawyer's blog is a great way to determine whether a particular lawyer has the right background (education, publications) to tackle the specific problem. It may be possible to find out the number of a lawyer's reported decisions at a particular court level. Personal referrals are also a great way to find a lawyer. Testimonials are good, but present... Read more →

The Ideal Client

There are different types of clients. Clients are not treated the same by their representatives. Difficult clients unfortunately, may not get the best possible service from their representatives (despite the professionalism of those representatives). It is incumbent on a client (who is seeking the best possible representation) to ameliorate issues or potential issues that can exacerbate the relationship between themselves and their representatives. Some clients are difficult by nature. This is difficult to address by the client because the same pathology manifests itself in self-delusion. Luckily, most clients are difficult because they are in difficult circumstances. They can realize that these circumstances give rise to stress and anxiety and self-destructive behavior that can undermine the relationship between them and counsel. Here's my suggestions for stressed-out clients dealing with lawyers: 1. Perseverance and patience is key. Most legal matters are complex and time consuming. You may be caught in bureaucratic machinery, or a judicial maze. It is essential that you persevere and not give up at the first sign of trouble. Given the burdens on the legal system, your problem likely will not be solved quickly. 2. Understand -- your lawyer has other matters to attend to. Your problem is of... 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 →

The Myth of Jackie Tran

Jackie Tran's deportation has more to do with his public persona, and less to do with the actual public record. Read more →

Immigration 2010

2009 has been an interesting year. From issues as diverse as the Dziekanski inquiry, marriage fraud, visa controls on Mexico and the Czech Republic, to the Tamil migrant ship, immigration has been at the forefront of the public discourse. I believe that it will continue to dominate the news in the new year. With the more aggressive stance of this current Immigration Minister, 2010 promises more changes. Jason Kenney has consistently promised reforms, and these seem likely once Parliament is back in session, after the Vancouver Olympics. One safe bet is significant refugee reform. This is a topic that appeals to the Conservative base, and the public at large, and is therefore not an issue the other parties will seek to topple the minority government over. What form these reforms will take is yet unknown, but bank on a higher refusal rate of refugee claimants by the politically appointed members of the Immigration and Refugee Board, Refugee Protection Division. The emphasis on enforcement, including removals, will continue and I believe we will see more charges under both the IRPA and the Criminal Code for immigration related offences. Finally, I believe that that 2010 will see increasing rate of refusals from... Read more →

Is the IRB independent?

Brandon Huntley, South African refugee, Jason Kenney, IRB, RPD Read more →

Unwarranted deference for Canadian Refugee Adjudication

I've finally completed my Major Research Paper (MRP) for my LLM. It's the final requirement for the degree. It was a great relief sending the draft to my supervisor this morning. The MRP is entitled "Unwarranted Deference to Canadian Refugee Adjudication" and discusses the issues facing the RPD. To some degree, the RPD is hampered by legitimacy in decision making - RPD Members are often appointed based on patronage. The deference/respect shown to decisions of the RPD by the Federal Court is to some extent unjustified given the absence of the Refugee Appeal Division and the difficulties facing refugee adjudicators, including claims based on sexual orientation. While policy considerations exist in favour of wide judicial deference, justice must be obtained at the first instance and not in an after the fact judicial review exercise. Justice should not be denied because too many ask for it, or that its too expensive. Read more →

Immigration reform

Just had a thought, while I was reading the UK Home Office country of origin information documents. What if the IRB/RPD had a mandate to assess humanitarian grounds at the time of the refugee claim? As it stands, individuals enter Canada and make a refugee claim which is heard in 18-24 months. After refusal, they can "appeal" the decision to the Federal Court, but generally file a humanitarian and compassionate application. This application is taking over 3 years to be determined in Alberta. Sometime during this process, the individual is presented with a PRRA - a risk assessment that takes place before removal. The success rate for this is low. The individual is therefore in Canada for years (perhaps more than 5) during which the refugee claim and H&C and PRRA are decided and before removal. It's obviously hard on the individual to be removed after years and settling down in Canada, and would be more efficient that one process and one decision maker determines the substantive merits of granting status through the refugee/humanitarian route. This may result in a higher acceptance rate by the Board (but that would reflect a determination on both risk and humanitarian issues), but would... Read more →

Blacklisted - World Tamil Movement

Public Safety Minister Stockwell Day has announced that the World Tamil Movement is the newest addition to Canada's blacklist of terrorist organizations. The WTM is accused of being a front, or raising funds for the LTTE, aka the Tamil Tigers who have been fighting for an independant state in Sri Lanka since 1983. The fight for independence in Sri Lanka, combined with the extensive funds provided by expats now living in Canada is another example of a challenge to Canada's multiculturalism. It seems that notwithstanding their new ties to a new country, individuals and groups remain committed to their country of origin, such commitment including perpetrating acts of violence and terrorism. A Toronto Sun article indicates that the Canadian Tamil Congress has indicated that it is "disturbed" and "saddened" by the governments' actions. The Toronto Star on the other hand, indicated the positive response to the announcement by the GTA Tamil population: Yesterday's announcement brought quiet joy and relief to many of the GTA's Tamil population, although few dared celebrate, said Lenin Benedict, secretary of the Canadian Democratic Tamil Cultural Association. The organization promotes pluralism in Ontario's Tamil community and a peaceful resolution to the ethnic conflict in Sri Lanka.... Read more →

Devil's Advocate

Devil's Advocate If immigration is of a 'small benefit' to the United Kingdom could the same be true of Canada? A recent influential committee of the House of Lords indicates that immigration has had little or no economic benefit of Britons and that competition from immigrants has had a negative impact on lower salaried employees and has contributed to high house prices. The peers want limits on immigration levels. A 2005 Fraser Institute publication - "Immigration and the Welfare State in Canada" made a similar claim and concluded that Canada's "welfare system" which relies on progressive taxation and provision of universal government benefits results in "substantial net transfers of taxpayers' money" from "Canadians to the recent immigrants." Even if the Fraser Institute report is derided as partisan and biased, the question of the appropriateness of current immigration levels is still relevant given the foreshadow of the issues of multiculturalism and immigration from across the pond. Expressing a sentiment that could, in any way, be construed as anti-immigrant would be political anathema in this country. The Conservatives are already shut out of the immigrant rich cities of Vancouver, Toronto and Montreal. In 1969, the iconic Lord Denning, in the British Schmidt... Read more →

Updated: Segregation/Balkanization vs. The Canadian Mosaic

Just read a great article in the Toronto Star discussing Trevor Phillips, the 'controversial' leader of Britain's Commission on Equality and Human Rights - who believes 'too much tolerance of diversity' could lead to the [diasaster] of segregation: Phillips thinks it's [multiculturalism] become a counterproductive ideology, at least in the UK. If the aim was to soften differences and promote shared views and values, that's not how multiculturalism has played out. "What started as a straightforward recognition of diversity," he says, "has become a system which prizes racial and ethnic difference above all other values, and there lies the problem." I must say that I'm quite intrigued with Phillips' view of integration vs. multiculturalism. Another interesting article by Scott Young. He argues that the official policy of multiculturalism - that immigrants/minorities can retain their cultural heritage is coming at the expense of integration, resulting in the 'balkanization' of Canada: Unfortunately, attempting to reveal the perils of segregation is usually buried in simplistic accusations of racism (Remember Bruce Allen?) Canadians revel in the romanticism of Trudeau's multiculturalism, but fail to realize its role in creating ethnic ghettoes. Jack Granatstein stated: "The [Canadian] state should spend its limited funds on helping newcomers... Read more →

Time for an Amnesty for Illegal Immigrants in Canada?

Is it time to allow those individuals who have been residing illegally in Canada to become legal residents - or to allow them some pathway to legal status? At present, other than a limited recourse under ‘humanitarian and compassionate’ considerations – an application that takes over 2 years, there is no amnesty provision for anyone in Canada. Remember, there are thousands of failed refugee claimants, thousands of ‘visitors’ that have overstayed and many other illegal denizens of Canada (remember the hundreds of Portuguese deported from Canada in 2006?). I would imagine that, among many (if not the majority) of the thousands of temporary foreign workers that have arrived in the last months there would be a great reluctance to return to their countries of origin at the end of their contractual/indentured obligation (indeed another emerging issue is the widespread exploitation of these temporary foreign workers touted as the panacea to our labour woes - and what, if any, our obligation to them is). I know that Canadians of all stripes view illegal immigrants that have jumped the queue with disfavor, but lets face facts. As long as there are global wealth disparities, Canada will continue to attract immigrants - both... Read more →