Stewart Sharma Harsanyi Immigration Law Firm Blog

Misguided Credibility Concerns and the Impact on Refugee Decision Making

Today's hearing, where my client and I navigated the intense and often microscopic questioning from a member, was a reminder of the challenges refugee claimants face, even in cases that appear prima facie strong. My client, an LGBTQ+ individual fearing return to a repressive country, was subjected to a level of scrutiny that may have felt overwhelming for her; I was not overwhelmed but certainly put off given the development in the jurisprudence and the Board's own policies in this regard. The hearing started off with a deep dive in terms of a delay in making the claim. Decision makers continue to make assumptions about how people "should" respond to fear and danger. Hilary Evans Cameron, a former classmate of mine at Osgoode Hall, has deeply examined this issue in her research. She points out that adjudicators often assume that those who fear for their lives will behave in predictable ways—fleeing immediately, seeking protection in the first safe country they reach, and never returning to their homeland. But as Cameron's work makes clear, these assumptions are not based on evidence; rather, they ignore decades of research across disciplines like psychology, sociology, and anthropology, which show that human responses to danger... Read more →

The Writing is On the Wall

Another day another announcement pertaining to restrictions to immigration and in particular to temporary residents. The writing has been on the wall for some time now: more changes are coming to Canadian immigration policy, particularly affecting temporary residents and admissions. Earlier this month, Minister Randy Boissonnault met with top business associations to emphasize that the Temporary Foreign Worker (TFW) program should not replace hiring Canadians. The government is saying that despite them throwing the doors wide open on TFW numbers they are now serious on cracking down on misuse and fraud within the system with the following actions: Enforcing the 20% cap policy for TFWs, including stricter guidelines for those applying for permanent residency. Implementing rigorous oversight in high-risk areas for Labour Market Impact Assessments (LMIAs) and inspections. Considering LMIA fee increases for better integrity and processing activities. Exploring future regulatory changes, like minimum business operation years or lay-off history, for employer eligibility. Minister Boissonnault is also considering refusing to process under the low wage stream, potentially restricting TFW Program use in certain areas and industries. A new foreign labour stream for Agriculture and Fish & Seafood Processing is also in the works, as per Budget 2022. These steps follow... Read more →

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024.

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024. 2024 08 08 RedFM Interview Stewart Sharma Harsanyi Immigration Lawyers · 2024 08 08 RedFM Interview Summary of August. 08, 2024 REDFM Interview: Drastic Changes in Immigration: Significant changes in immigration policies and procedures, especially since COVID-19. Work Permits and TRV during Covid-19: Transitioning from temporary resident visas (TRV) to work permits (WP) had seen increased flexibility. Work Permit Approvals: Approvals of work permits have doubled since 2019, with a 90% increase by 2023. Upcoming Regulations: Randy Boissonnault’s new regulations are to be announced and to impose more restrictions, particularly on low-wage and low-skill jobs. LMIA for Work Permits and PR: Labor Market Impact Assessments (LMIAs) are required for work permits and eventually for permanent residency (PR). Exploitation Risks: The high demand for work permits has led to exploitation of workers. Restricted Categories: Future restrictions may target temporary residents, students, and TRVs. Low wage and low skilled occupations are at greater risk. No specifics, but broadly the Canadian population is 7 percent TRV holders, this is going to be brought down to 5... Read more →

Punjabi Language Broadcast: July 15, 2024 discussing the AINP and changes and challenges in Canadian Immigration Policy

I joined Rishi Nagar, News Director of RedFM Calgary on July 15, 2024 to discuss ongoing immigration developments including: The suspension of the AINP in February and difficulties in accessing the program; The impact of the US election on Canadian immigration policy; Discussion of regularizing undocumented and discussion of international recruitment of skilled individuals vs. ongoing restrictions on temporary residents and challenges in navigating temporary status to permanent; and Visitors from India and Nigeria being singled out upon arrival. Read more →

Punjabi Language Interview on a Potential Amnesty for the Undocumented

Stewart Sharma Harsanyi Immigration Lawyers · 2024 05 27 Interview On RedFM Discussing Amnesty During my recent interview with Rishi Nagar, news director of RedFM, on May 27, 2024, conducted in Punjabi, we discussed the Trudeau government's movement towards an amnesty to undocumented individuals in Canada. Their are arguments for and against the amnesty or regularization of those without status. This is a controversial proposal and there are of course both positives and negatives to such a a policy. On the positive side: $$ ... Regularization could result in significant positive economic impact. Many undocumented immigrants work in sectors experiencing labor shortages, such as agriculture and construction. Further, legalization would likely increase tax revenues as the undocumented shift from informal to formal employment. An amnesty would be in line with Canada's humanitarian tradition. Regularization ensures access to essential human rights, including healthcare and education, and offers protection against exploitation. Many undocumented immigrants have strong family ties here and regularization will help prevent family separation (under the table to a notice of assessment. On the negative side: Such a policy could incentivize non-compliance and regularization might be seen as unfair to those who have followed legal immigration procedures. The government was... Read more →

RedFM Interview -Navigating the Evolving Landscape of Canadian Immigration: Insights from Raj Sharma KC

Stewart Sharma Harsanyi Immigration Lawyers · 2024 05 15 Good Morning Calgary **Interview with Rishi Nagar: Insights on Immigration Trends and Challenges** I recently had the pleasure of being interviewed by Rishi Nagar, News Director of RedFM Calgary. We discussed several pressing topics that were highlighted at the recent Canadian Bar Association (CBA) National Immigration Conference in Montreal (the rise of automation in administrative decision making being the theme of the conference). Our conversation covered trends in temporary resident numbers, reverse or onward migration, issues within the international student community, and the evolving immigration policies in Canada. Recalibration - Alignment - Balancing There was a lot of euphemisms at the Conference but it's clear that the next few years are going to be about "recalibration, alignment, and balancing". Both the Conference and the consistent comments by the Minister and others demonstrate a concerted effort to realign (read "reduce") and balance ("bring down") temporary resident numbers. The goal is to address the growing concerns regarding the influx of temporary residents and its impact on the job market and public services (and program integrity). This realignment is a perhaps necessary correction; things simply got out of hand. One consequence will be reverse... Read more →

Saudization and Temporary Residency Applications: Navigating the Challenges

A number of Federal Court decisions have upheld visa refusals based on concerns that foreign nationals working and living in Saudi Arabia (even for decades) may not be able to establish ties there due to the policy of Saudization. Saudization, officially termed "Nitaqat," implemented by Saudi Arabia and aims to increase the employment of Saudi nationals in the private sector, heretofore and generally speaking, dominated by expatriates. This policy mandates quotas for employing Saudis, affecting various economic/labour sectors differently. However, the impact of Saudization extends beyond the borders of Saudi Arabia influencing Canadian immigration decisions for applicants seeking temporary residency, such as study or work permits. Canadian visa officers often assess such applications with the view that Saudization undermines the security of an applicant's job or residence status in Saudi Arabia, thereby weakening their ties outside Canada (one of the factors at play in such applications). Usually having an applicant that has received a visa to travel, work, and live outside their country of nationality is a positive factor in such applications... Recent legal challenges have brought some judicial attention to how these immigration decisions are made. Notably, Justice Go’s decision in a recent case provides insight and establishes a... Read more →

March 2024 Interview on RedFM Discussing Reduction in Temporary Residents

Stewart Sharma Harsanyi Immigration Lawyers · 2024 04 22 RedFM Interview On Reduction Of Temporary Residents I recently had the opportunity to sit down with Rishi Nagar, the esteemed News Director at RedFM Calgary, for what I believe is an insightful interview conducted in Punjabi. We delved into the recent announcements by Canada’s Immigration Minister, Marc Miller, concerning temporary residents. In an effort that might remind some of closing the barn doors after the horses have bolted, these changes, part of a broader shift since January of this year (and messaging since at least the fall of 2023), aim to manage the numbers and rights of temporary residents in Canada. Initially, we saw a basic cap implemented on the number of international students. That cap will impact certain provinces more than others -Ontario and BC vs. the ROC. The latest efforts focus on reducing the count of long-term temporary residents/temporary foreign workers, a move that does not currently affect the numbers of permanent residents. These measures reflect a broader strategy to balance the intake and integration of new residents into Canadian society, ensuring that immigration remains beneficial and sustainable. However, given the substantial population of temporary residents with limited prospects... Read more →

It’s Been an Interesting Year -and It’s Only April

As an immigration lawyer, now 20 years out, I am routinely confronted with a variety of (usually complex) cases; it keeps the practice of law engaging and interesting because each file presents unique challenges, opportunities and implications. Here's a few that have crossed my desk recently. **Consolidation of Similar Refugee Narratives**: I was consulted on a case involving a representative worried about a notice to the Minister for intervention. He’s on for multiple refugee claims bearing striking similarities in the narratives. Not only is there is a notice to the Minister the RPD is seeking to consolidate these claims. Such scenarios raise claim integrity (see R27) and significant credibility challenges for the claimants. I'm not sure (yet) but it's possible that the IRB is employing technology to detect these cut/copy-paste attempts. It goes without saying that representatives should thoroughly canvass the client's circumstances and ensure that they do not rely on precedent and that claimants sign off on a narrative that details their own particular and personal history, risk and fear. **Judicial Review Against the Minister of Public Safety**: Another case involves a long-standing struggle with regarding a client who last entered Canada in 1992. Ministerial Relief has yet again... Read more →

We are moving!

After 13 plus years at Ford Tower, we are moving! Just down the street though We will be at Suite 950 550 6th Ave SW Calgary AB starting April 1, 2024. Phones, email and fax will remain the same. Read more →

The More Things Change ... Mexicans Require Visas (Again) to Visit Canada

The more things change, the more they stay the same. In 2009, then Minister of Citizenship and Immigration, Jason Kenney, imposed a visitor visa requirement on Mexican nationals after a significant surge in asylum claims from that country -notwithstanding the serious human rights and other issues plaguing that nation. The Liberal government now somewhat long in the tooth rescinded that requirement in 2016. Claims have shot up from a hundred or so from 2015 to about 25K last year. The Quebec government cried foul given the burden fell disproportionately on belle province; the Americans did as well. The Liberals have responded with imposing visa requirements on Mexican nationals again, albeit attenuated with the ETA. I discussed this with Shaye Ganam of 630 CHED last week. Transcript: Shaye Ganam: Now a lot of people will be getting out of here soon, getting away from the cold weather. Spring break is almost upon us. I'm not sure when it is. I don't have kids in school anymore, but it's sometime in March I think. So we know a lot of people will head to Mexico, right? They do every year. There's probably a lot of Canadians in Mexico right now. Probably a... Read more →

Navigating the Storm: Federal Caps on International Students and the Ensuing Turmoil

In a recent development that has stirred controversy across Canada's educational and political landscapes, Federal Immigration Minister Marc Miller announced caps on international student permits. This development will disproportionately impact provinces such as British Columbia and Ontario more than others. This perhaps overdue decision has sparked a vehement debate, highlighting a complex interplay of federal oversight, provincial autonomy, and operations of academic institutions that had grown reliant on the (excessive) fees charge to international students to buttress budgets that were impacted by provincial governments freezing funding. Minister Miller's assertion that claims of Ontario being caught off guard by these changes are "complete garbage" adds a layer of acrimony to the discourse, especially in light of Ontario education minister Jill Dunlop's assertion that the cap was imposed "without consultation and without warning." This assertion however is belied by the fact that the writing was on the wall for many months before the announcement of the caps in January of this year. This also comes on the heels of vicious backbiting and a war of words between some institutions in Ontario and here I'm thinking of the comments made by the current president of Conestoga college. This imbroglio underscores a broader dialogue... Read more →

Technology and the Changing Face of Justice

20 years or so ago I started my career in immigration law -as a refugee protection officer. Even then the IRB/RPD was faced with increasing demand and limited resources. Our little Calgary office had to take on files from Toronto, Montreal and other offices. At that time we were able to do so with expensive polycom videoconferencing equipment. Even then there were concerns on the part of counsel and claimants; technology at that time was not as smooth shall we say as present. Fast forward to the pandemic and the cancellation of hearings for months. I remember those days coming to the office with zero traffic and looking at the see-through office towers of downtown Calgary trying to figure out how the practice of immigration law will adapt. Hearings re-started and the IRB and Fed Crt adopted and adapted to video conferencing. After conducting 100+ hearings in the last couple of years in this manner it's sometimes difficult remembering how we used to walk over to the depressing brutalist inspired architecture (and apparently asbestos filled) of Harry Hays to run hearings there. I assume remote hearings are here to stay and they have added not detracted from our ability to... Read more →

The Canadian Immigration Experience -CBC Townhall Discussion January 18, 2024

... Transcript ... Judy Aldous: What do you make of this idea of capping of international students? Raj Sharma KC: It seems quite odd to see Marc Miller indicate any concern when these are the policies that have been in place for many, many years. We've seen a dramatic increase in the number of international students. International students contribute $20 billion to this economy. On the same side, we have provincial governments like Ontario and Alberta, they've dramatically decreased the funding to post-secondary institutions. That funding is now being made up by these international students. And so you watch, let's see, let's see what happens when you do this cap on international students and you'll see Queen's University has a $48 million shortfall in part due to a decrease in the number of international students there. Saima Jamal: We're not putting them up for success then, because they're already coming with a lot of financial stress. There's this myth that international students are very rich people. They're kids are very rich parents, but when you come here, you just come with the tuition. Most of them work really hard. A lot of them in Calgary, they go to the Gurdwara... Read more →

January 22, 2024 Radio Interview Discussion the Newly Announced Cap on International Students

Stewart Sharma Harsanyi Immigration Lawyers · January 22 2024 Radio Interview Discussing cap on international students with Ben O'Hara-Byrne On Monday, January 22, 2024 I joined host Ben O'Hara-Byrne on his program, A Little More Conversation, to discuss the newly announced caps imposed on international students (and by extension to the Designated Learning Institutions that have become addicted to that source of funding). 2024 01 22 Ben OHaraByrne interview on intl caps Transcript Ben O-Hara-Byrn...: We'll start too with the whole idea of immigration because there was a major immigration announcement today from the federal government. Canada is imposing a national cap on the intake of international students into this country. The Immigration Minister Marc Miller provided details today as the liberal government held a cabinet retreat in Montreal. The cap is expected to result in approximately 365,000 approved study permits. That's a decrease of 35% from 2023. Marc Miller: One, a temporary two-year cap on new international student permits. It is the latest in a series of measures to improve program integrity and set international students up for the success in order to maintain a sustainable level of temporary residence in Canada as well. Ben O-Hara-Byrn...: Some of the... Read more →

Punjabi language interview discussing the proposed cap on international students

This morning I had an opportunity to discuss the now oft-raised issue of a cap on international students. Minister Miller is making the media rounds discussing the concerns, integrity and otherwise regarding the dramatic increase of international students (which of course has occurred since the Liberals formed government almost a decade ago). It is of course easy to pick on international students. They don't vote and are strangers in a strange land. It is however incumbent on the Minister to showcase good and intelligent policy instead of mere sound bytes. There is a great deal of diversity within the international student population, and it makes little sense to lump those going to career colleges and the like and living in hot housing markets like Brampton to those going to universities and post-graduate studies in other communities across Canada. Part of the issue is the revolving door at the very top and the fact remains is that few Ministers stay long enough to grasp the intricacies of this Department that covers disparate classes of immigration from economic to non-economic. Stewart Sharma Harsanyi Immigration Lawyers · January 15 2024 Interview on RedFM on propsed cap on international students 2024 01 15 redfm... Read more →

Reverse or Onward Migration a Growing Trend

I had the opportunity to engage in an insightful conversation with Ritesh Lakhi on RedFM Vancouver, where we delved into the pressing issue of onward migration amongst new immigrants in Canada. Our discussion shed light on the growing trend of immigrants leaving Canada due to various factors, including the challenges of housing affordability, rising inflation, and other socio-economic hurdles. We also explored the crucial aspect of not only immigrant intake but the significance of their integration and retention in Canada. The conversation highlighted the upcoming challenges and the need for strategic approaches to ensure the successful assimilation of non-immigrant residents in the Canadian societal fabric. What is reverse or onward migration? Simply put, growing numbers of immigrants are choosing to leave rather than stay: Ottawa, ON — A new report from the Institute for Canadian Citizenship (ICC), The Leaky Bucket, finds that growing numbers of immigrants to Canada are deciding to leave rather than stay. The report, produced for the ICC by the Conference Board of Canada, finds onward migration, immigrants leaving Canada, has been increasing slowly for decades, but suddenly surged in 2017 and 2019 — the most recent period of available data. The report also finds the risk... Read more →

2023 A Year in Review

Another year comes to a close. We've seen over the past 365 days a plethora of immigration news, announcements and developments (we even got through a federal government strike, thankfully one that seemed to have minimum impact on processing). One constant in this field has been the revolving door at the very top; 2023 saw yet another Minister take charge (I’m losing count of the number of Ministers I’ve seen come and go since I started practice). What has stood out for me this year was the following: The end to immigration detention –at least in the form that many of us were familiar with. For those unfamiliar with those dark times, here’s an interview where immigration detention was discussed ten years ago. And, lest we forget, Canada, like the US, was also no stranger to detaining minor children (including Canadian citizens because their parent(s) was detained). Alberta gave notice to CBSA to end the detention agreement and I was interviewed on this issue in January of this year: “Conditions at the (Calgary) Remand Centre are a very blunt instrument for the vagaries of immigrant situations,” said Raj Sharma, a Calgary immigration lawyer. “A typical detainee profile is someone who’s... Read more →

2023 Year End Interview -Immigration Developments in the UK, Australia, and Canada

December 2023 -year end interview with RedFM host Rishi Nagar, UK immigration lawyer Harjap Bhangal and Canadian immigration lawyer Raj Sharma KC discussing immigration developments in the Anglosphere -US, UK, Australia, and Canada. From a recent Toronto Star article: As Canada wrestles with questions about its own immigration plan, two of the countries it competes with for immigrants are taking measures to limit how many newcomers they're taking in. Earlier this month, the United Kingdom launched a five-point plan in an attempt to slash its net migration by 300,000 from 672,000 in 2023. Last week, Australia unveiled new measures aiming to halve its annual immigration intake in 2025 from a record 510,000 people this year. Like Canada, both countries are facing public pressures over housing shortages and the soaring cost of living. As I discussed in the interview, some of the changes brought in by the UK would be anathema here in Canada: In the U.K., officials are going to raise the minimum annual salary for a sponsored skilled worker by almost 48 per cent to £38,700 (except for health and care workers). They will reduce the number of qualifying occupations under the shortage occupation list that allows employers to... Read more →

The Scope of Discretion under s.44(1) and 44(2) of the IRPA

A PR loses a substantive right of appeal to the IAD if they are convicted and sentenced to a term of imprisonment of 6 months or longer in Canada. One approach to deal with such cases was to seek the Officer/Delegate's discretion not to write a report. No report means no enforcement. This was the approach taken by Jaskirat Sidhu who pled guilty and received an incarceral sentence of 8 years. Through counsel he made extensive submissions to the responsible officer/Minister's Delegate. The officer/MD ultimately proceeded with writing/referring the s.44(1) and (2) report. Chief Justice Crampton dismissed the application for leave and judicial review filed by Jaskirat Singh Sidhu against the decision to write and refer the s.44 report. [1] The circumstances leading to these proceedings are heartbreaking. I cannot recall any case more truly tragic for everyone involved. ... [4] By all accounts, Mr. Sidhu has demonstrated an extraordinary degree of genuine, heart-wrenching remorse. He now faces removal to India, after he and Ms. Mann spent many years of hard work to establish themselves in Canada. ... [8] Unfortunately, regardless of my determinations, the healing required to return to some form of a better life may become more difficult... Read more →