Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Twitter discussion with Minister Kenney and his spin on "more reunification"

 djclimenhaga David Climenhaga @ @kenneyjason making it faster by taking no apps? Tory logic? 4 hours ago Favorite Retweet Reply » immlawyercanada Raj Sharma JD LLM @ @djclimenhaga its like 1984 Big Brother logic: doublethink & doublespeak: more reunification by stopping family applications @kenneyjason 3 hours ago Favorite Reply Delete » kenneyjason Jason Kenney @ @immlawyercanada @djclimenhaga Wrong. More reunification by increasing reunification by 60%, from 15K to 25K. 1 hour ago Favorite Retweet Reply in reply to ↑ @immlawyercanada Raj Sharma JD LLM @kenneyjason @djclimenhaga only someone with an IQ of room temperature will accept this spin as "more reunification" and not the opposite Read more →

Changes to spousal sponsorship rules imminent

Despite my usual antipathy to Minister Kenneys policy, I concur with these new efforts to curtail sponsorship fraud. Looks like spouses will receive conditional visas and sponsors will not be able to sponsor again for 5 years. The article discusses the 'cat and mouse' game immigration officers have engaged in, especially in the Punjab/India and China. http://m.theglobeandmail.com/news/politics/ottawa-moves-to-curb-marriages-of-convenience/article2215245/?service=mobile Read more →

Cut immigration applications to fix backlog, Kenney says - Politics - CBC News

...Kenney seems to be contemplating making sponsors pay $75,000 to bring their parents over to Canada. In any event it seems clear that a cap will be imposed shortly... And what's with lawyer Richard Kurland? He seems to be more of a mouthpiece for the Minister than someone with an independent opinion. http://www.cbc.ca/news/politics/story/2011/10/20/pol-kenney-immigration-cut-applications.html Read more →

Allegations that Indo Canadian committed suicide over a fraudulent marriage

http://thelinkpaper.ca/?p=11092 Read more →

Family Law Audio Podcast

Raj Sharma and Andy Hayher answer frequently asked questions about family law, including divorce, custody and access, parenting time, spousal and child support. Read more →

Converting LL.B. to J.D.

After an apparent lengthy consultation between students, alumni and faculty, the University of Alberta is changing the name of it's law degree from the LL.B. to the J.D. There is a conversion process for those granted a LL.B. In essence, the LL.B. has to be turned in. I've had mine now for over ten years and will be sending it in this week. I'm not sure that the conversion is really of any significance to me. Some want the J.D. because they would like the recognition in the U.S. job market (given the present economic realities, probably unlikely). For others perhaps its rooted in some kind of Anglophilia. I believe that my educational credentials are more established by my LL.M. As I am a partner of my own firm, I doubt that I will ever need a certain nomenclature for my degree to get a job. So why bother? I'm noticing an increasing trend of law graduates from other common law jurisdictions (like England, India, South Africa) coming and practicing here in Canada. The LL.B. from these countries is a true 'first degree'. Individuals can gain admission to law school straight from high school. Some don't require a LSAT (Law... Read more →

Stopping an imminent deportation

Bjorn and I attended at the Federal Court earlier this week to seek the stay of removal for one of our clients. We were successful. Our client, a 21 year permanent resident of Canada received a removal order for passing a bad cheque (I do not joke). On some really bad advice from a non immigration lawyer, he did not appeal the order. We filed the notice of appeal with an extension of time request which was refused (improperly in our view) and we sought judicial review if that decision. CBSA sought to remove our client on Monday prior to the JR. We relied (in part) on the stay we received in the Jackie Tran in 2009. A news radio broadcast from that busy week is attached: Download Memo Mike: Refugee board for reputed gangster Jackie Tran, one of countless hearings, and appearances, that have been going on for the past 5 years, since Tran was ordered deported from the country. Still fighting deportation to his native Vietnam. CHQR's Aurelio Perri covering this case today. Aurelio, thanks for joining us this afternoon. Aurelio: Hi there Mike. Mike: Now Tran is going to stay behind bars for now, until what? One... Read more →

Radio Program - Law and Society 'Kanun te Samaj'

Some of you may know that Andy Hayher and I have started a radio program tackling legal and social issues on Fairchild Radio (94.7 Tuesdays 7-8 PM MST -- listen to realtime broadcast here). Our first show was on the growing problem of 'dode' - a derivative of opium and a South Asian drug of choice in Canadian cities (particularly Calgary). Our distinguished panel included Jason van Rassel (who wrote of the recent conviction of a Calgarian East Indian Grocer that sparked the show topic) and Darshan Kang MLA, a distinguished individual in the South Asian community and who emerged as the moral voice of the community during the show. Jason was kind enough to capture his thoughts regarding the program, which can be found on the Calgary Herald blog here. Our next show was on the Alberta Human Rights Commission. Our panel members included a counsel for the Commission and Happy Mann, a nominated candidate for the Alberta Wildrose party (which has its own plans for the Alberta Human Rights Commission). Coming up next is a discussion on immigration and marriage fraud. We were delighted to speak to distinguished Ind0-Canadian Ujjal Dosanjh on this topic. Our interview with him... 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 →

Breach of the residency obligation

Every Permanent Resident (PR) of Canada is obliged to maintain residency here (with some important exceptions) 2 years out of a 5 year period. This has been changed (and is more flexible) from the obligation imposed on PRs under the previous legislation which required 6 months out of each year. There are 2 ways that a breach comes to the attention of the authorities. One way is when the PR makes application for another PR card. The second is when the PR attends at a POE (port of entry) and an examination occurs before an officer. If the PR intentionally (or not) overstates his or her residency in Canada then an allegation of misrepresentation could also result. Do not lie on any immigration application! If an officer writes a report alleging a breach of the residency obligation, then the PR still has the ability to appeal the resulting removal order to the Immigration Appeal Division which can consider all the circumstances and grant relief on humanitarian and compassionate considerations. If you are a PR and have questions surrounding the residency obligation, exceptions to the requirement, or appealing a negative decision, please feel free to contact an immigration lawyer at our... 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 →

Luigi Pascale v. MCI & CBSA

This was a somewhat unusual and unique fact scenario. The Applicant arrived in Canada as a child and never became a citizen. After a string of criminal convictions, a danger opinion was issued against him largely based on a sexual assault. The danger opinion resulted in the loss of his appeal rights to the Immigration Appeal Division. He was deported and later returned without authorization. In the meantime, the conviction for his sexual assault (which we argued was foundation of the danger opinion) was set aside. He was, in essence, acquitted of the offence. We proceeded with an application for judicial review, arguing that the danger opinion became void as a result of the underlying conviction being set aside. Justice O'Keefe did not concur with our arguments. The Federal Court decision can be found here. Read more →

Roman Chernikov v. Minister of Citizenship and Immigration

Chernikov v. MCI, a Federal Court decision discussing the use of danger opinions against foreign nationals. Read more →

Deportation from Canada

Deportation, which removes an individual from a country that he or she has lived in (perhaps for a significant period of their lives) and severs or traumatizes familial ties is a punishment that should not be lightly imposed. 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 →