Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Conversion from Spousal Sponsorship to Conjugal - Helpful for Spousal Sponsorship Appeals

EXCERPT FROM LEGAL SERVICES CHAPTER 6 BAD FAITH FAMILY RELATIONSHIPS - SPONSORSHIP APPEALS DOCUMENT DATED JANUARY 1, 2008 - PAGE 18 In unique circumstances (Usually where a sponsor and applicant genuinely believe that they are validly married but later discover there is a defect in regard to the marriage ...) and sometimes with the consent of the Minister (or on the panel's own application), the Immigration Appeal Division has "converted" a spousal application to that of a conjugal or common law partner. By treating an applicant as a conjugal or common law partner, the applicant continues to be a member of the family class and the sponsor is not required to recommence the immigration process with a new application. The Immigration Appeal Division in Tabesh concluded that if a person applies as a member of the family class as a spouse and the refusal is based on the formal validity of the marriage, it is incumbent on the visa officer to consider as well whether the person could be either a conjugal or common-law partner. A failure to do so could give rise to multiple refusals and appeals on essentially the same facts. The determination of all categories within the... Read more →

LawyerRatingz.com

LawyerRatingz.com is a site that provides independent ratings, reviews and recommendations for lawyers. The site could be used just to 'flame'. The site itself warns individuals to take the ratings 'with a grain of salt' (because they cannot verify whether the raters have personal knowledge of the lawyer). I'm also not a fan of anonymous ratings. For what it's worth, my ratings are found here. Read more →

Charles Robert Stewart Q.C.

Charles Robert Stewart Q.C was one of the most experienced Criminal Defence Lawyers in Alberta and indeed Canada. Charlie was a graduate of the University of Calgary, having received his B.A. (Hons) in 1972 and the University of Alberta where he graduated Law School in 1974. He had a master’s degree in law from the University of London, City College which he received in 1975. He was called to the bar in Alberta on 1975 and appeared in all levels of Court in B.C. Saskatchewan, Ontario in addition to every courthouse in the province of Alberta. Charles appeared before the Supreme Court of Canada in 2010 on an important drug search case. In 2008 Charlie was honoured by the Legal profession when he was awarded the prestigious Q.C. that appears behind his name. Q.C. stands for Queens Counsel and signifies his esteem and distinction as a trial lawyer. This honour is only awarded to lawyers who have made a significant contribution to the legal profession and shown a consistent level of excellence over many years of legal practice. Charlie was an avid outdoorsman. Last summer, before his diagnosis, he easily bested three lawyers 20 years and more his junior (Bjorn... Read more →

Safe Country List - Designated Country of Origin

This is the current DCO list (somewhat surprising - I was anticipating India to be on the list): Austria Belgium Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Slovak Republic Slovenia Spain Sweden United Kingdom United States of America Read more →

Taxing a lawyers account

Just got retained by an client who is a major employer up north. They had used the services of an somewhat infamous immigration lawyer here in Calgary for their foreign workers. Client now has a bill of over $50,000 for little actual work. First we will be fixing the myriad mistakes the last lawyer made. Second we will be seeking a review of the bill. This process is called taxation and is one of the advantages when you hire a lawyer (instead of a consultant). Raj Sharma Partner Stewart Sharma Harsanyi Suite 800 633 6th Ave SW Calgary AB T2P 2Y5 T: 403-705-3398 Sent from my Blackberry Read more →

Interview on OMNI News: Citizenship Revocation

I was interviewed by Abbas Somji of OMNI News on December 4, 2012. Hundreds of Canadian Citizens have been notified that their status may be 'revoked'. I don't disagree with taking action against those individuals that obtained citizenship through immigration fraud or intentionally misrepresenting their time or eligibility for the grant of citizenship. What is worrisome for me is the fact that there is no distinction between innocent misrepresentation/omission from intentional; that there is no statute of limitations, allowing the Minister or his officers to go after individuals even after decades of being in Canada. Fortunately, it is relatively difficult to have one's citizenship revoked and an individual does have the ability to review such action at the Federal Court of Canada. Raj Sharma JD LLM Partner Read more →

The Deportation of Saeed Jama

From the Globe & Mail Letters: To deport, or not Although I am no more anxious than other law-abiding citizens to have criminals residing in Canada, I have to question why a child who was raised and educated here should be deported to his parents’ country of origin (For Alberta’s ‘Child of the Snow,’ Time Is Running Out – Nov. 20). Does this imply there are two rules of law, one for immigrants and their offspring, and one for the rest of us? And does this law for immigrants include not only those from Somalia, but also immigrants from Italy, the U.K. or Germany? It appears Saeed Jama has been duly punished for his criminal behaviour, but now, for questionable behaviour, he is being banished. An older brother has already been deported to Ethiopia. I would like to understand our government’s position concerning this issue, because for now I am left wondering if this is a case of prejudice or racism. Gail Huxley, Hamilton ........ I have no sympathy whatsoever for an individual who has lived in Canada for a lengthy period, who had the opportunity to become a Canadian citizen and who is a convicted drug dealer. Such an... Read more →

An Expanded Canadian Experience Class

Earlier this week I was a panellist on Alberta Prime Time discussing the expanded Canadian Experience Class. The increased processing - expected to be 10,000 applicants for 2013, is a "no-brainer". Canadian Experience Class applicants are already in Canada, already have education and (skilled) work experience in this country, and are proficient in English or French. The only issue in my mind is why the CEC only comprises a fraction of the 250,000-260,000 permanent residents we welcome to Canada every year. Raj Sharma JD LLM Partner Read more →

Our Newest Associate - Suha Abu-Jazar

Our newest associate, Suha Abu-Jazar obtained her undergraduate degree in Political Science from York University where she received numerous academic accolades and graduated with asumma cum laude distinction. During a summer as an undergraduate student, Suha worked as a Canada Border Services Agent at Pearson International Airport. Upon graduation from York University, Suha attended the University of Ottawa Faculty of Law. She then transferred to the University of Calgary Faculty of Law where she obtained her Juris Doctor degree in 2011. Throughout law school, Suha volunteered with Calgary Legal Guidance, Student Legal Assistanceand with the Elizabeth Fry Society as a youth and adult court worker. Following graduation from law school, Suha articled at a family law firm in Ontario. Suha joined Stewart Sharma Harsanyi as an associate in 2012 where her practice focuses primarily in the area of family law. She is licensed to practice law in both Ontario and Alberta. Read more →

What is a Conjugal Relationship under the Immigration and Refugee Protection Act?

The Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) do not define the term "conjugal relationship", it is defined and interpreted in the case law as referring to a "marriage-like relationship". In M. v H., the Supreme Court of Canada adopts the seven characteristics of a conjugal relationship as set out in Molodowich. Shelter -- Whether the partners live together in the same home as a couple; Sexual and personal behaviour -- Whether the partners' relationship is exclusive, committed and evidenced by emotional, intellectual and physical interaction; Services -- Whether household and other family-type responsibilities are shared and whether there is evidence of mutual assistance especially in time of need; Social activities -- Whether the partners share time together or participate in leisure activity together -- Whether they have relationships or interaction with each other's respective family; Economic support -- Whether the partners are financially interdependent or dependent -- Whether the partners have joined, to some extent, their financial affairs (for example, as in joint-ownership of assets or arranged them to reflect their ongoing relationship) (for example, naming the other partner beneficiary in an insurance policy or will); Children -- The partners' attitude and... Read more →

More deportations are coming...

Federal agencies seek extra $27M to fight bogus refugees, deport criminals By Tobi Cohen, Postmedia News November 9, 2012 2:09 AM The government wants to allocate more money to crack down on so-called bogus refugees and others who may be inadmissible to Canada on security grounds, according to supplementary spending estimates tabled in the House of Commons Thursday. The Canada Border Services Agency and Justice Canada have asked for an additional $4.5 million to "support further investigations of refugee claims and legal proceedings" aimed at revoking the status of or removing individuals who've either already returned to their country of origin, are no longer deemed in need of asylum or have fraudulently obtained refugee status. The funding is meant to "deter abuse of Canada's refugee protection system." A number of other government departments are seeking a total of nearly $23 million to deal with permanent residents and foreign nationals who may be inadmissible on security grounds. The funds will be used to protect classified information used in immigration proceedings and to ensure adequate security measures are in place to manage potentially dangerous foreigners while they're in Canada or in the process of being deported. The funds are also meant to... Read more →

New Refugee Claims Process

A clear, simplified overview of the new refugee claims process from the Canadian Council for Refugees: Canadian Council for Refugees Overview of C-31 refugee determination process 5 November 2012 Coming into force: date unknown, expected 15 December 2012. Description below is based on information currently available (final versions of regulations and IRB rules are still to come). 1. Making the claim Slightly different processes depending on whether claim made at a Port of Entry (POE) or inland: A. Port of Entry (on arrival at airport, land border or seaport) CBSA officer will determine whether claim is eligible. As part of the process, the person will complete: refugee intake form IMM008 Schedule A If the claim is found eligible, the person will be given: - a refugee claimant ID paper, which includes the Interim Federal Health Program - a date for a refugee hearing at the Immigration and Refugee Board - a Basis of Claim (BoC) form to be completed in 15 days - a conditional removal order B. Inland claims The person seeking protection goes to a CIC office and is given: a date to return for an eligibility interview the refugee intake form, IMM008 and Schedule A a Basis... Read more →

Email from AINP - Changes to the program

To Alberta Immigration Representatives I am with the Government of Alberta, Workforce Strategies Division and I wanted to inform you of changes to the AINP program that are time limited. We are pleased to let you know that the Alberta Immigrant Nominee Program (AINP) has capacity to accept more nominations from employers. We have very short processing times and will be accepting applications for all categories. If you have temporary foreign workers currently working for you, the AINP may help them become permanent residents. The AINP is an immigration program offered by the Government of Alberta in partnership with the Government of Canada’s department of Citizenship and Immigration Canada. More information can be found at: www.AlbertaCanada.com/ainp The AINP has temporarily expanded the opportunities for Alberta employers to nominate their foreign workers in select semi-skilled occupations. This is a one-time initiative and applications must be postmarked or delivered in person on or before December 6, 2012. For more information, please visit the AINP website. Information on this one-time Initiative will be posted within the next week. http://www.albertacanada.com/immigration/immigrating/ainp-eds-semi-skilled-criteria.aspx Hotel and Lodging This is a one-time 2012 additional allocation initiative available for the Hotel and Lodging Industry. There will temporarily be no limit... Read more →

Advice for Lawyers: What to do if your client is inadmissible to Canada?

What to do when your client may be criminally inadmissible under the Immigration and Refugee Protection Act[1] A criminal conviction or an act committed inside - or in certain circumstances - outside Canada, will have lasting and potentially drastic effects on your client if he or she is not a Canadian Citizen.[2] Inability to work, loss of status, and deportation are real concerns. Depending on your client's immigration status, there may not be recourse to the Immigration Appeal Division. Federal Court applications are not appeals as of right and are restricted to administrative grounds of judicial review, that, even if successful, only result in a new determination which may still not be favourable. Counsel should familiarize themselves with the law in this area and consult appropriate resources or seek assistance. The following information is intended as a guide only. 1. The importance of determining your client's immigration status prior to entering pleas or convictions * Determine whether your client is a: i. Canadian Citizen (generally if born in Canada but be aware of complexities with certain versions of the Citizenship Act and with cases of adoption or illegitimate children); should have a Canadian birth certificate or passport ii. Canadian Permanent... Read more →

The 'jig is up' on marriage fraud

Just got this in my inbox: CIC News Release — “The Jig is Up on Marriage Fraud,” says Minister Kenney Mississauga, October 26, 2012 — In an ongoing effort to deter people from using marriages of convenience to cheat their way into Canada, Citizenship and Immigration Canada (CIC) introduced a new regulation that requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status. “There are countless cases of marriage fraud across the country,” said Citizenship, Immigration and Multiculturalism Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system. Sometimes the sponsor in Canada is being duped and sometimes it's a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.” Read more Raj Sharma Partner Stewart Sharma Harsanyi Suite 800 633 6th Ave SW Calgary AB T2P 2Y5 T: 403-705-3398 Sent from my Blackberry Read more →

What Should You Do if You're the Victim of Marriage Fraud?

What steps should you take if you're the victim of marriage fraud? Read more →

Federal Court Decision -- The Defence of Duress in Immigration Proceedings

Ram attended before the Federal Court last week on an interesting case. Our client was found to be inadmissible to Canada by the Immigration Division because of his involvement with the Sinaloa Cartel in Mexico. His defence that he was acting under duress was rejected by the Division. The Division found that the threats faced by our client were not "imminent" and that he had a safe avenue of escape. We sought judicial review of this decision. Justice Anne Mactavish found that the Board erred and remitted the matter for redetermination. Download 2012_09_11_15_02_50 Raj Sharma JD LLM Partner Read more →

Legal Aid Opinion -- Judicial Review of Refugee Decision

When I first started practicing immigration law, I took on Legal Aid files and in the course of being on the roster was required to provide an opinion as to the relative merits of coverage. In this case, our office had represented two young siblings from Zimbabwe -- a failed state. The RPD Member denied protection to them. I recommended coverage for judicial review of the decision as I felt that a reviewable error had been committed by the Board Member. While I don't take on Legal Aid files anymore (for a variety of reasons) I hope that these opinions (I'll upload more in the future) are of assistance to junior immigration counsel. Download 2009 11 17 jr of rpd refusal Raj Sharma JD LLM Partner Read more →

Legal Aid Opinion -- Judicial Review of Refugee Decision

When I first started practicing immigration law, I took on Legal Aid files and was requested from time to time to provide an opinion to a Legal Aid Officer as to the merits of coverage. In this case, I had represented the client before the Refugee Protection Division. The Member accepted that the client had been gang raped and suffered brutal treatment in Haiti (a country that has utterly failed to protect the sexual integrity of its female citizens). Despite accepting this, the Board Member (a particularly unsympathetic Member here in Calgary) failed to properly assess the claim (at least in my opinion). I recommended coverage for judicial review of the decision as I felt that a reviewable error had been committed by the Board Member. While I don't take on Legal Aid files anymore (for a variety of reasons) I hope that these opinions (I'll upload more in the future) are of assistance to junior immigration counsel. Ultimately, this poor woman's run of bad luck continued. While leave was granted by the Federal Court, a very conservative member of that Honourable Court heard the claim and dismissed it. Download 2009 11 17 opinion on refugee Raj Sharma JD LLM... Read more →

Inadmissibility on grounds of misrepresentation

I am counsel on a matter involving misrepresentation. My client was sponsored by his spouse; the application was submitted within the two years after his misrepresentation on a previous application. Instead of re-filing the spousal sponsorship (given that the exclusionary period has now elapsed) I counseled filing a Notice to Appeal to the Immigration Appeal Division, Immigration Refugee Board. In essence, our position is that the exclusionary period has elapsed and the matter can be remitted without a full hearing before the IAD. Attached is the decision in Amandeep Kaur Sohal v. MCI (TA8-04950) that we rely on: Download Amandeep Kaur Sohal TA8-04950 Raj Sharma JD LLM Partner Read more →