Stewart Sharma Harsanyi Immigration Law Firm Blog

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 →

Toronto Star article on overseas refugee decisions

Quality of refugee decisions in question Toronto Star Published On Tue Jun 21 2011 Nicholas Keung Immigration Reporter Canadian visa officers do not always refer to the law when accepting or rejecting refugees awaiting resettlement to Canada, a federal report says. In fact, more than a third of cases were refused simply because the visa officer did not believe the refugee’s story. No analysis appeared to be made using set criteria that determines refugee status, says the internal report prepared by Citizenship and Immigration Canada staff. “The record did not always clearly indicate how an application either met or failed to meet the regulatory criteria,” said the 94-page study. Refugee advocates have complained about poor decision-making by visa officers overseas and lack of accountability in the determination process. In May, they won a court case overturning decisions made by one visa officer at the Cairo mission rejecting 40 Eritrean refugees. “We have always said that the problems in Cairo are not particular to that visa office. This report confirms that,” said Janet Dench, executive director of the Canadian Council for Refugees. The federal court ruling in the Eritreans’ cases and this internal report underline the need for a fairer system,... 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 →

Interesting: "...all federal skilled worker and Canadian Experience Class applicants must submit the results of an independent language test before they will be considered." I imagine that 'all' means all applicants, including those from England, US, Australia, etc. Seems unfortunate but in line with the department's apparent new philosophy of decreasing the role that discretion plays in the immigration regime. Read more →

changes to the federal investor program

Lots of changes to immigration -- changes to the federal investor program: "The Government is also proposing new eligibility criteria for the immigrant investor program so it makes an even greater contribution to the Canadian economy. Proposed regulatory changes will require new investors to have a personal net worth of $1.6M, up from $800,000, and make an investment of $800,000, up from $400,000. These proposals were pre-published today in the Canada Gazette for a 30-day public comment period." Read more →

Disgraced refugee adjudicator/former city councilor/non-practicing lawyer Steve Ellis has been found guilty. Ellis was a former member of the Refugee Protection Division. He was found guilty of using his position for his benefit (IE he proposed a sexual relationship to a refugee claimant in exchange for a favourable consideration of her claim). I imagine the Law Society of Upper Canada may now move to suspend or disbar Ellis because of the criminal conviction. Ellis was apparently well regarded by his peers; but his appointment was likely one in which political considerations played a part. Kenney's refugee reforms have one silver lining - no political appointee will be involved in the front-line decision making process. Civil servants trained in adjudication and principles of administrative law and natural justice will make the initial decision. Read more →

Steve Ellis - failed Immigration Refugee Board Member

Steve Ellis, a 'chubby, curly haired', former Immigration and Refugee Board Member is facing charges of breach of trust and bribery. The 'dishevelled' Ellis was caught on tape (video and audio) allegedly propositioning a refugee claimant. Ellis has pleaded not guilty to the charges. Toronto Sun article here. The recording apparently discloses a promise by Ellis for a favourable refugee decision. National Post article here. CTV story here. Needless to say, it was inappropriate for him to desire a 'friendship' with a refugee claimant, and inappropriate to meet the claimant (the subject of adjudication) at her place of work, and then set up a subsequent meeting at Starbucks. An adjudicator should have no business speaking with a claimant in any capacity outside of a hearing room. I don't believe that this was a deficiency in the training (which is quite extensive) of a Board Member, but rather the personal failings of an individual. He had to have known that what he was doing was wrong. YouTube video here: Read more →

Deported Parminder Singh Saini attempting return to Canada

National Post article on Parminder Singh Saini. Saini was flown back to India on a chartered plane and was, upon arrival, arrested, charged and jailed by the Indian authorities. Saini vigorously availed himself of avenues to regularize his status while he was here, and it appears that he is continuing his efforts even from jail in India. It appears that his matter will be heard by a Federal Court justice next week and the Post article discusses a possibility of his return. I find that hard to believe - Saini is an Indian national and now in Indian custody. Saini hijacked an Indian airliner and has never faced justice in that country. I doubt that Indian authorities would release him back to Canadian authorities. 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 →

Interesting article at the National Post ... an Ontario court case seems to indicate that sponsor's who's relatives default (receive social assistance/benefits) may not automatically be required to pay back the funds to the government. This despite the very clear Sponsorship Agreement which forms part of any family class sponsorship application requiring sponsors to be responsible for their relatives. It seems that about 5,000 sponsored immigrants apply for social assistance (in Ontario at least). Some critics have commented on the administrative hurdles in setting up 'case by case' assessments of which sponsors should be required to pay and which should not. I'm all for due process, but there are some circumstances and situations that call for sympathy. For example, if someone sponsors a husband or wife, and is the victim of marriage fraud, they should not be responsible financially when/if that individual accesses social assistance. Read more →

At least 1500 war criminals in Canada

Desire Munyaneza, a failed refugee claimant, has now been sentenced to the harshest penalty under law. However, 1500 other war criminals and human rights abuser are in Canada, both known and unknown. Read more →

Refugee News

National Post has an article on the murder of a rejected refugee claimant from Mexico. One wonders what Jason Kenney has in mind for the refugee reforms (article here) but some educated guesses would have to include fast-tracking refugee claimants from certain countries and additional decision making responsibilities for tribunal officers (see also the National Post article here). Any reform would have to address the current system which encourages bogus refugee claims. In essence, the economic benefit of a refugee claim includes the ability to remain in Canada and work for years. Getting to a quick yes or a quick no is good for genuine refugee claimants that can establish their claim for protection and good for Canada which can effectively and efficiently remove individuals and preserve the integrity of the immigration system of this country. Read more →

Marrying for immigration

Just finished watching the w5 news program on immigration marriage fraud. Julie Taub, an Ottawa immigration lawyer, suggests that immigration law be changed to grant only conditional status in Canada to the sponsored spouse. I'm not sure I agree. This could result in abuse and coercion as well - a method of control by the sponsor over the immigrant spouse. Immigration minister Jason Kenney is indicating changes and reforms are imminent. To some degree I am in agreement with what Kenney stated. Individuals need to be responsible for their own choices. Immigration to Canada is a significant benefit and could be an incentive to unscrupulous individuals. As a result, sponsors need to take appropriate precautions. As it stands visa officers test the bona fides of a marriage by way of an interview of the sponsored spouse. This may be insufficient to protect duped sponsors or the integrity of the system. Given the actions of unscrupulous immigration consultants (Pinnacle Immigration was captured on video by w5 discussing a sponsorship for 40000) and the plethora of fraudulent marriages perhaps follow up interviews should be done by immigration after the immigrant spouse arrives in Canada. Read more →