Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Interview on RedFM -Challenge to the Safe Third Country (Punjabi)

Interview on the Danielle Smith Show - Discussing the Challenge to the Safe Third Country Agreement November 6, 2019

Danielle Smith: All right, I am prepared to have my mind changed on this one. My inclination is that the Safe Third Country Agreement is a good agreement; and that we are absolutely right when somebody arrives at our borders saying that they are from America, that they should be applying for refugee status in the United States first. My inclination is that genuine refugees fleeing hazardous conditions in war torn areas are going to have an equally fair process in the United States and Canada. Danielle Smith: My sense of it though is that there is this push on for economic migrants regardless of your reason of wanting to move to a different place, you should be accepted and there shouldn't be any additional process that you need to go through. I think that's problematic because we have an entire system on immigration that is built around identifying people who are going to be the best match for our particular economic circumstances. And the point system and giving precedence to those who can speak one of the two official languages so that they have an easier time into integrating into our economy. It's actually a pretty darn good system... Read more →

Interview on AM770 Danielle Smith on Immigration and Election 2019 September 20, 2019

Danielle Smith: We have been doing a series about immigration over the course of the last day, looking at where the parties stand on immigration. And I wanted to talk to Raj Sharma to see if he's seen anything out there that gives him some confidence that any of the political parties have the right answer for solving some of the problems he's spoken so eloquently about with us in the past. Danielle Smith: Raj Sharma, of course, is partner and immigration lawyer at Stewart Sharma Harsanyi, joins me now to talk about it. Raj, thanks so much for being with me today. Raj Sharma: My pleasure. Danielle Smith: When I talked with you in the past, you've been so excellent at just giving us a play by play of how the backlogs are growing and some of the consequences of that. You've talked about what some of the solutions are, and it seems like there are a lot of people putting a lot of minds to figuring this out. Is there any progress being made from your perspective? Raj Sharma: Well it's an interesting time that we're in right now. I honestly expected immigration, irregular migration to play a... Read more →

Interview on AM630CHED Discussing Trudeau Blackface and Immigration Process and Screening

J'lyn Nye: Mr Sharma, welcome to the show. Raj Sharma: It's a pleasure. J'lyn Nye: I'll start by asking you about this... We've been talking about it today over the last... Well, since the news broke yesterday afternoon. Want to start by asking you about liberal leader Justin Trudeau. I know on your, on your website, it's right there. "Every lawyer at this office, has a son or daughter of immigrants, the majority of our support staff choose to immigrate to this country." Given you know who you work with, your clients, your personal background, what is going through your mind when you've seen those pictures of Justin Trudeau in brown face and in black face? Raj Sharma: Well I was born in Canada. I was born in Hamilton, Ontario. I grew up in a small coal mining town and I myself have experienced incidents of racism. I remember older kids spitting on me in grade four. These things sort of stay with you. So I suppose the first reaction really was a truly deep feeling of profound disappointment. J'lyn Nye: What kind of impact do you think that this could have on immigrants wanting to come to Canada and... Read more →

Regulation 117(9)(d) Consequences of Failing to Disclose a Family Member

The Minister of IRCC, Mr. Ahmed Hussen, recently announced a two-year pilot program which allows some immigrants to sponsor their undeclared, non-accompanying family members. These individuals would have been previously barred under the family class sponsorship pursuant to section 117(9)(d) of the IRPR. This pilot is significant as it shows the government’s changing mindset towards giving more flexibility to the current harsh regime set out in 117(9)(d). Announcing this new pilot, Minister Hussen said that the “federal government recognizes that the regulation was unfair” and that, “newcomers who failed to declare immediate family members as they first came to Canada were barred to sponsor them. Today, we right that wrong.” The new policy applies to sponsors that came as refugees or as accompanying family members. However, the policy leaves others out in the cold. One class gets to sponsor even previously undisclosed family members; the other class face potential misrepresentation and removal from Canada. This entails the writing and referral of a s.44 report; a hearing at the ID and thereafter an appeal to the IAD. The new policy obviates much of s.117(9)(d) -and so it makes little sense to take enforcement action against sponsors given that, on the other... Read more →

Exploitation, Abuse and False Promises

"The only thing necessary for the triumph of evil is that good men do nothing." -Edmund Burke A recent Globe and Mail article about the exploitation of foreign workers and the "industry" that has sprung up to take advantage of these vulnerable individuals is not terribly shocking; and, now, after so many years bearing witness to it all, it fills me with weary resignation rather than anger. I discussed some of these transgressions during my testimony before the Parliamentary Standing Committee on Immigration (CIMM) two years ago. Unlike the CBA, I did not argue for the elimination of immigration consultants altogether and restrict the practice of immigration services to lawyers alone. My position was, in fact, almost entirely endorsed by Lorne Waldman, the next witness, and perhaps the most respected immigration lawyer these last couple of decades. I suggested that regulation and oversight be improved, with additional training for consultants that sought to appear before the Immigration and Refugee Board. Going back to the the Globe article. It discusses nefarious actors like Kuldeep Bansal -there are many others but he perhaps exemplifies the apex (nadir?) of that sordid industry that preys on the hopes and dreams of migrants and workers.... Read more →

Albertaprime Time Interview on Jason Kenney and the #UCP Immigration Plan for Alberta March 1, 2019

Michael Higgins: An immigration plan to help reverse shrinking populations in rural Alberta. Jason Kenney's Alberta Advantage Immigration Strategy would speed up processing and end large backlogs with an aim of bringing 10,000 newcomers to rural Alberta communities, giving priority to committed entrepreneurs ... Jason Kenney: ... who take big risks to turn a dream into reality, which creates jobs and produces prosperity for all of us. Michael Higgins: To get some perspective on what the UCP plan might involve and its degree of potential, we're joined now by Raj Sharma, an immigration lawyer in Calgary. Michael Higgins: Mr. Sharma, before we get to the UCP proposal, many of us understand immigration to be a federal responsibility, so to what degree do the provinces factor into the equation? Raj Sharma: Thanks, Michael. Immigration is a federal legislation, but the responsibility is a bit shared between the federal government and the provinces. Raj Sharma: I'll leave Quebec aside; Quebec has its own sort of deal in immigration just like they have their own deal on other matters. Other provinces have been sort of clamoring for more say in terms of immigration, and so each province has their own provincial nominee program,... Read more →

Update - Venezuela added to Administrative Deferral of Removal List (ADR)

CBSA has sent the following message: As a result of the political unrest and humanitarian crisis in Venezuela, please be advised that an Administrative Deferral of Removal (ADR) is immediately imposed to that country pursuant to section 230 of the Immigration and Refugee Protection Regulations. All removals to Venezuela are temporarily deferred except for the removal of persons who are: inadmissible under subsection 34(1) of the Act on security grounds; inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights; inadmissible under subsection 36(1) of the Act on grounds of serious criminality or under subsection 36(2) of the Act on grounds of criminality; inadmissible under subsection 37(1) of the Act on grounds of organized criminality; referred to in section F of Article 1 of the 1951 United Nations Refugee Convention; consenting to their removal. Read more →

Blog Posting - Parental Sponsorship Reopens January 4, 2016

The Family Class Sponsorship of Parents and Grandparents will re-open as of January 4, 2016. Based on our experience if you wish to sponsor under this category, applications should be prepared and couriered out so CPC-Mississauga receives them on January 4, 2016 itself. The program is so popular that last year there were courier trucks lined up outside their office on the first morning of processing in 2015. Please note, that Canada Revenue Agency documents are the only acceptable form of proof of income for these applications. Family size includes the sponsors, their dependents and any and all family members included in the sponsorship (including age eligible children of the applicants). Employer letters, bank statements and T4s for 2015 will not be acceptable evidence of income. If you are planning on applying for sponsorship, then call the CRA at 18009598281 and obtain all relevant Option C Notices of Assessment for each sponsor for the years: 2012, 2013 and 2014. Evidence of income in 2015 will not be considered. The relevant minimum sponsorship income chart is attached below: Federal Income Table for sponsors of parents and grandparents The following table applies to residents of all provinces except Quebec. For each of... Read more →

Canadians of Convenience or Canada is not a hotel

There are individuals that come to Canada just to obtain Canadian citizenship and all of its commensurate benefits, including a passport that can be used to travel visa free to over 150 countries. Some spend the requisite period of time in Canada and then leave (so called "Canadians of convenience" that refer to their sojourn in Canada, "immigration jail"), sometimes leaving family members here: "The United Nations Global Commission on International Migration has caught the scope of this staggering shift. It details how the migration story today is generally not the traditional one of arrival, settlement and integration. Instead, migration, especially for the affluent, has turned into a globalized trend of unprecedented mobility, porous national borders, weak loyalties, opportunism and fragmented families." Others commit residency fraud, exaggerating their time in Canada while living elsewhere. Justice Ann Mactavish recently found a family had committed residency fraud and awarded costs to the government over $63,000.00 (MCI v. Houchaine 2014 FC 342). At this time, over 10,000 individuals are being investigated for possible residency fraud. Good. The solution? There are some individuals that will always seek to maximize their personal benefits. That's fine, but not when it comes at the cost of undermining... Read more →

Alan Kurdi's Family Will be Coming to Canada

Alan Kurdi's family will be coming to Canada. During Election 42 disturbing news came to light in the wake of Alan's lifeless body washing up on a Turkish shore. It emerged that Alan's aunt had applied for but was encountering roadblocks in bringing Alan's uncle's family to Canada. Chris Alexander, the then Minister of Citizenship and Immigration, claimed that his hands were tied; that he couldn't intervene and that the lack of a UNHCR document was fatal to the application. We learned later that this was, at best a half-truth, and more likely, complete obfuscation. The Prime Minister's Office had intervened months prior, and for political reasons in UNHCR referred refugee files. Alexander's statements, and the PMO actions is a circle that cannot be squared. I wrote about the political chicanery involving the most vulnerable in October. Thinking the path to Canada was foreclosed, it appears that Alan's father made the fateful decision to try to reach Greece via boat. It resulted in the tragic loss of his wife and two young boys. Those deaths likely contributed to opening Canada's door for thousands of others. This fact appears to be of some solace to Alan's father. Read more →

Blog Posting - "Status Checks" in the GTA

In interesting non Syrian refugee related news, a recent report has indicated that Toronto police often contact the Canada Border Services Agency for a "status check" on individuals they have detained or are questioning: http://www.thestar.com/news/investigations/2015/11/24/toronto-police-urged-to-stop-immigration-status-checks.html This practice is interesting on several levels. As indicated in the article, it would be interesting to note the racial or ethnic origins of the individuals having their status checked. It would not surprise anyone if most of the individuals having their status checked are visible minorities. Constitutional questions also are engaged by this practice. For instance anyone being investigated must, at some point in the process, be advised of what they are being investigated for. Are Toronto police advising these individuals that in addition to whatever criminal matter they are being questioned about that they are also having their immigration status looked into? Is this even within the remit of the police? If not, should it be and be legislated as such? Important legal and societal questions that beg explanation and clarification from the police and well as discussion and contemplation by the rest of us. Given the bright spotlight being placed on newcomers as security risks it is incumbent on the government to... Read more →

Blog Posting - The Man in the Middle: John McCallum - the new Minister of Citizenship and Immigration

Apologies in advance for the misleading title! The biographic details for Mr. McCallum are readily available. In short, he is a very well experienced economist who has held high positions in both academia and the business world. He is also an experienced politician having been a Member of Parliament for many years and also holding cabinet experience with previous Liberal governments in other portfolios. Prior to his appointment, he served as the main opposition Liberal critic on the Conservative government's immigration policy. In terms of what we can expect from him in the short term, based on government announcements and interviews we would expect he will play an active role in helping the resettlement of 25,000 Syrian refugees in Canada. He is also on record as indicating the government would not pursue its appeal of the Federal Court decision restoring healthcare coverage to refugee claimants, regardless of the status of their claims or the country they claimed against. In the long term, his positions are less well articulated. What can we expect? As mentioned previously, Liberal platforms and campaign promises regarding immigration policy, in addition to the above, have been that: -They would double the quota for selection for parents... Read more →

Blog Posting - Trudeau's Immigration Policy: The Lobbying and Framing Begins

The linked article sets out preliminary salvoes for the shape and direction of Canada's future immigration policy under our new government: http://news.nationalpost.com/news/canada/trudeau-urged-by-workers-to-drop-stringent-migrant-rules-so-they-arent-trapped-with-one-employer What is noteworthy about this article and these efforts from the political left to shape the contour of permanent residence and the foreign worker program over the coming years. At present, most foreign workers who come to Canada, arrive on employer specific work permits. This restricts them from employment with non listed employers unless, in most cases, the new employer obtains a new labour market impact assessment (LMIA) from Service Canada which can be used by the worker to obtain a new work permit. Businesses tend to prefer employer specific work permits precisely because they gain the stability of the foreign worker working for them for the specified period, usually two years. If these proposed changes were made, foreign workers would be in a position to change employment anytime they chose without the new employer having to go through the recruitment and expense of obtaining an LMIA. Therefore, on some level, these changes would necessitate a radical departure from the existing foreign worker regime. While the intentions of these changes are laudable, in that open work permits would... Read more →

Lawyers slam most wanted list

...However, said Waldman, who is a refugee lawyer, “none of them, as far as I’m aware, have been convicted in any criminal proceeding anywhere in the world.” He called the situation an invasion of privacy, “hugely problematic” and a “publicity stunt.”CARL and a number of other legal groups issued a statement on Sept. 21 saying the lists undermine the presumption of innocence and may violate privacy rights. The CARL statement said such lists broadly apply theImmigration and Refugee Protection Act (IRPA) inadmissibility provisions to circumvent the legal system by not having charges in place and, in some cases, without having evidence of any criminal conduct.B.C. Civil Liberties Association president Robert Holmes said the use of tools such as amber alerts and “person-of-interest” alerts is appropriate where proper grounds exist and they are being used to protect public safety and apprehend individuals for trial under the rule of law. However, Holmes criticized the federal government’s published list, which identified 30 individuals from places such as Angola, Haiti, Afghanistan, Peru, Somalia and other countries and described them as “suspected war criminals.” He said the individuals on the “most wanted” list haven’t necessarily been charged with committing war crimes.“What the government is doing... Read more →

Hungary top Refugee Producing Country

Surprising, as these days a European country generally is not a refugee source country:As Canada receives thousands of dubious refugee claims from Hungarian citizens, there's a call for drastic action."How much of our money do we want to hemorrhage before setting a visa requirement on Hungarian nationals, just like we did with the Czech Republic?" asked immigration lawyer Richard Kurland.Between January and August of this year 2,045 people claiming to be refugees came to Canada from Hungary That's 13% of all refugee claims made during that time in Canada, keeping Hungary as this country's top source of refugee claims.QMI Agency has acquired a 2010 Canada Border Services Agency report that concluded most of the claimants from Hungary are Roma – a stateless ethnic group that considers the name 'Gypsy' derogatory.... http://m.torontosun.com/2011/10/01/hungary-still-tops-for-refugee-claims-in-canada ... Raj Sharma LLM Partner Read more →

Criminal and IRPA charges against Immigration Consultant

MONTREAL, QUEBEC, Sep 26, 2011 (MARKETWIRE via COMTEX) -- The Canada Border Services Agency (CBSA) filed 149 charges against Yafim Goikhberg, under the Immigration and Refugee Protection Act and the Criminal Code. He appeared in court today at the Palais de Justice in Montreal.Mr. Goikhberg is accused of having induced, aided or abetted people to misrepresent themselves and of using forged documents in order to obtain refugee status or a temporary resident permit. He is also accused of acting as an immigration representative in return for fees without authorization, and communicating false or misleading information to encourage immigration to Canada.According to the CBSA investigation, at least 48 people submitted applications based on Mr. Goikhberg's advice, and some of them may have their status in Canada revoked. CBSA investigators also discovered that the accused had assumed other persons' identities during his consulting activities.Public Safety Minister Vic Toews congratulated the CBSA: "I commend the CBSA for its ongoing efforts, together with Citizenship and Immigration Canada, in helping protect people from becoming victims of fraudulent immigration consultants."Immigration consultants are professionals who, in return for fees, provide people with advice, consultation services, assistance or representation services with regard to their applications to Citizenship and... Read more →

Refugee lawyers form group to fight laws they say violate Charter

> Embassy > September, 29, 2011 > Refugee lawyers form group to fight laws they say violate Charter > Human smuggling bill was ‘a wake-up call’ for lawyers and academics who > started the Canadian Association of Refugee Lawyers. > By Kristen Shane > Published Sep 29, 2011 1:10 AM > > After the government’s human smuggling bill gave them "a wake-up call," > refugee lawyers and academics have started the Canadian Association of > Refugee Lawyers to fight what they say are bad bills. > > And with a majority government, that fight will shift from the House of > Commons to the courts, where they anticipate Charter challenges. > > More than 150 refugee lawyers and academics who study refugee law > gathered in Toronto and via webcast from cities across Canada Sept. 9 to > launch the group. > > As of Sept. 26, more than 100 had registered as members of the new > group, which is in the process of being incorporated. It plans to > intervene before the courts on national refugee issues, make submissions > to parliamentary committees, and do other public outreach and education > on refugee law and policy. > >... Read more →

Embassy - interview with Jason Kenney

Embassy Kenney hopes human smuggling bill will pass before Christmas By Kristen Shane Published September 28, 2011 Jason Kenney was appointed minister of citizenship, immigration and multiculturalism almost three years ago. Dubbed by his opponents as "The minister of curry in a hurry" for his constant presence at multicultural events, he will have another busy legislative agenda on his plate this fall. Mr. Kenney says he hopes Bill C-4, the human smuggling bill he calls his top priority, will pass before Christmas. It is currently at second reading in the House. Meanwhile, refugee system reforms passed last year won't take effect until June 2012, an unexpected delay for some observers. Mr. Kenney blames the complexity of the changes required, and budget restraints. Mr. Kenney and Public Safety Minister Vic Toews often make announcements together these days. Expect more of the Kenney-Toews duo this fall, as Mr. Kenney says he hopes to see legislation tabled to streamline and speed up the process of removing foreign criminals. These changes come amid a constant emphasis on economic immigration that Mr. Kenney says will continue. Embassy sat down with him in his East Block office Sept. 21 to explain these changes and more. The... Read more →

Federal Skilled Worker Class Occupations and Cap Limits

Canada has reached 20% of its target of 10,000 applications under the Federal Skilled Worker Class. Read more →