Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Why choose us?

Choosing a law firm to represent you is an important decision. Here are some reasons why you should choose our office to assist on your immigration matter: - We are Alberta's largest immigration law firm - The principals of this firm were former immigration hearings officers and made decisions under the Immigration and Refugee Protection Act - We have a former Refugee Board Member on staff as a resource to our clients - In the past 2 years, we have conducted (by far) the most immigration hearings in this city - In the past 2 years, we have the most reported immigration decisions at the Federal Court in Alberta - We are counsel on Alberta's highest profile immigration cases - We have been recognized for our commitment to access to justice - We are amalgamating with one of Calgarys most senior and accomplished criminal lawyers and thoroughly understand the interplay between criminal and immigration law - We are responsive to our clients and utilize technology and project management software within our practice - We have significant experience in business immigration, preparing applications for Labour Market Opinions, work permits, applications under NAFTA, applications for permanent residence (Federal Skilled Worker, Canadian Experience... Read more →

The Foolish Fraser Institute

I have come across the recent Fraser report which was picked up in the National Post. The Fraser report is 62 pages long and concludes that immigrants cost us $23 billon a year. Their solution: Canadian women should have more babies and maybe if we don't let any garbage collectors into the country, we will come up with market solutions and technological advances to replace all low skilled positions. They also have policy recommendations which seem to highlight their lack of knowledge about our current immigration system involving TFWs. I find it hard to contain myself at reading the so called miscellaneous other benefits of immigration section at page 20 and particularly this paragraph: Another benefit from immigration often mentioned is that it enriches the cultural life of Canadians. The value of this feel-good benefit also is impossible to measure but it is legitimate to note that Canadians already enjoy an abundance of ethnic restaurants and festivals and that further increases are likely to bring relatively smaller additional benefits. It is shocking that there is no understanding of matters "Beyond the Bottom Line" or an idea of how to look at the greater socio-political, human rights, and Charter issues at... Read more →

Canadian Refugee Adjudication - Some Resources

Canadian Refugee Adjudication -- Some Resources. Read more →

The Voyage of the Damned - G. Thomas and M. Morgan Witts

"A terrible personal realization touched each member of the passenger committee. They dared not say it openly, even to each other. Some could not bear even to mention it to their wives and children. It was inhuman, degrading and endured in private, but it cut deeply into one of the most basic of human needs; the need to be wanted. Instead they had been rejected. Even the New World did not want them, now they must rely again on the Old. The captain watched them leave. He knew as they did, that the only certain gate that remained open to welcome the passengers on the St. Louis was the gate to the concentration camp." Read more →

Sharma Harsanyi Counsel on Most Immigration Hearings in Calgary

Breakdown of total immigration hearings by lawyer in Calgary. Read more →

Breakdown of Calgary Immigration Lawyers (number of hearings)

I had made a Access to Information request in March 2011 for: "a breakdown of counsel of record on all hearings in Calgary before the Refugee Protection Division, Immigration Division and Immigration Appeal Division by the following lawyers: Bjorn Harsanyi; Raj Sharma; Nico Breed; Peter Wong; Jean Munn; Michael Sherritt; Michael Greene; Rekha Mcknutt; Ram Sankaran..." The results are in. Download 2011 04 27 ATIP Request. I'll post a complete breakdown soon. Read more →

CBC Radio -- Eye Opener on April 19, 2011

I was on the CBC Radio this morning (Eye Opener Program) talking about family reunification, parent and grandparents sponsorship and the federal election. Link to Audio: Immigration and the federal election Read more →

Seizure and forfeiture of currency over $10,000

Section 12 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 (the PCMLTFA) requires an individual to report currency in excess of $10,000 being brought into or taken out of Canada. Read more →

Tips for a (spousal sponsorship) appeal before the Immigration Appeal Division

Tips for a successful spousal sponsorship appeal before the Immigration Appeal Division of the Immigration and Refugee Board. Read more →

This describes some decision makers I have met

Captain G. M. Gilbert, the Army psychologist , Nuremberg trials: “In my work with the defendants (at the Nuremberg Trails 1945-1949) I was searching for the nature of evil and I now think I have come close to defining it. A lack of empathy. It’s the one characteristic that connects all the defendants, a genuine incapacity to feel with their fellow men. Evil, I think, is the absence of empathy.” Read more →

Sharma Harsanyi - Most Reported Federal Court Decisions since 2009

Raj Sharma and Bjorn Harsanyi of Sharma Harsanyi have the most reported decisions at the Federal Court (compared to the other principals or partners of immigration firms in Calgary) since 2009. Broken down by law firm/lawyer: Sharma Harsanyi -- 9 reported decisions Raj Sharma -- 7 reported decisions Bjorn Harsanyi -- 2 reported decisions Caron & Partners -- 4 reported decisions Peter Wong -- 1 reported decision Jean Munn -- 3 reported decisions Sherritt Greene -- 5 reported decisions Michael Greene -- 3 reported decisions Michael Sherritt -- 2 reported decisions Source Advanced Search option on the Federal Court of Canada website - link here. Search terms: Exact phrase (raj sharma/bjorn harsanyi/peter wong/jean munn/michael sherritt/michael greene) with date restriction (2009 to 2011). Read more →

Calgary Refugee Acceptance Rates

Refugee Acceptance Rates in Calgary betray an unacceptable amount of variance. Read more →

Why Jason Kenney is Wrong

Earlier this month, in a speech to law students at the University of Western Ontario, Jason Kenney, the Minister of Citizenship and Immigration, criticized what he perceived as undue interference of the Federal Court in the decisions of his department. Surprised that a Cabinet Minister would undermine the judiciary and not respect its independence, I twittered the following on February 11, 2011: @MinJK maybe the Federal Court wouldn't have to interfere if justice was provided by CIC/IRB decision makers in the first instance? I didn't actually expect any response, so I was surprised when, within seconds, the Minister responded: MinJK Does justice mean letting gangster Jackie Tran stay? RT @immlawyercanada: Fed Ct wouldn't have to interfere if ... My response: @MinJK no justice means understanding that there is no place for 'untrammeled discretion' in Canada ... Part of what I view as 'justice' is the availability of oversight over the decisions of the government. The 'Rule of Law' is simply a bridle or restraint over the exercise of power. So ... it's not about 'letting gangster Jackie Tran stay' in Canada, its about making sure that the process that resulted in a long term permanent resident being removed was done... 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 →

Deporting a Permanent Resident

Canada is seeking to deport or remove Belhassen Trabelsi, the brother-in-law of ousted Tunisian President Zine Ben Ali. Trabelsi is (or perhaps was) a permanent resident of Canada. Foreign Affairs Minister Lawrence Cannon has made clear the Canadian government's commitment in removing Trabelsi, whether by deporting him or extraditing him. Extradition is a criminal process and, generally speaking, is the fastest way of removing an individual. The Globe and Mail has reported that the Federal Government has "revoked" Trabelsi's permanent resident status. There is no avenue to simply strip a permanent resident of his or her legal status in Canada. Deporting a permanent resident can take a number of permutations. It could be that Trabelsi has committed an offence outside Canada; he may have committed misrepresentation on his own application for permanent residency; or he simply may not have complied with the residency requirement imposed on all permanent residents (2 years in Canada out of every 5). Either could be grounds for a report alleging inadmissibility that would be prepared by the CBSA. This report would then be referred to the Immigration Division, a quasi-judicial administrative tribunal where Trabelsi could challenge the CBSA allegations. If a removal order is issued... Read more →

Citizenship Residency Requirements

Citizenship is generally granted to an individual who has accumulated three years of residency in a four year period. What is not that generally known is that there are varying interpretations as to what the residency requirement actually means. Does it mean 'two feet on the ground' or a broader interpretation? In Cardin v. MCI 2011 FC 29, Justice Mactavish sets out the three different schools of thought: [8] There are three different schools of thought as to how the residency requirement of paragraph 5(1)(c) is to be applied. The first is the Re Pourghasemi test used in this case, which only asks whether the applicant has been physically present in this country for a total of three years out of four, or a minimum of 1095 days. [9] The second test is that articulated in Re Papadogiorgakis, [1978] 2 F.C. 208; [1978] F.C.J. No. 31. This is a less stringent test in that it looks at whether an applicant has an established residence and strong attachment to Canada, even if he or she has been temporarily absent away from Canada. [10] The third test is the one most commonly used in citizenship cases. This is the so-called “Koo” test,... Read more →

CIC Investigations: Marriages of Convenience

Citizenship and Immigration Canada here in Calgary is investigating individuals that came to Canada by marrying a Canadian/permanent resident spouse and subsequently divorced that spouse to remarry and sponsor a new spouse. One officer is tasked with this responsibility and there are perhaps 40 individuals that are being interviewed in the next few weeks. I attended with my client for the first interview last week. The purpose of the interview is to discuss the first marriage -- and to do an after the fact exercise in determining whether it was genuine. If the officer is not satisfied, the individual could be written up for misrepresentation and face removal from Canada. The typical fact scenario is the following: Individual marries a CC (Canadian Citizen or Permanent Resident) and is sponsored to Canada; Individual divorces the CC or PR and (typically within a year of the divorce) returns to their country to marry again; The second sponsorship is submitted but CIC gets concerned, puts that sponsorship on hold and refers the matter to the local office for further investigation; Time passes ... the individual and his (second) spouse are separated ... the visa office abroad refuses to process the application for the... Read more →

Top Immigration Story for 2010

The year is almost at a close. If I were asked what the top immigration news story for 2010 would be, I would have to say it would be the change in attitude towards immigrants and refugees. The Economist's article: A Smaller Welcome Mat contains some interesting points, but misses the overall picture. The headline is inaccurate -- the numbers of immigrants coming to Canada remains consistent with previous years. Canada's 'welcome mat' remains for skilled workers and temporary workers. Canada continues to have a robust program for international students. It is true that the net worth requirement of 'investors' has been raised, but that seems appropriate given the current economic realities of the world and high net worth individuals. It is not about the numbers -- but about the shift in attitude. The CBSA/immigration enforcement authorities seem more willing to investigate and deal with (perceived or otherwise) immigration abuse. Unauthorized consultants have been targeted by new legislation. CIC has toughened the citizenship exam and released a publication laying out some expectations for prospective citizens. Visa requirements have been placed on visitors from Mexico and the Czech Republic, stymying refugee claims deemed to be bogus. A lot of sound and... Read more →

How to find a good lawyer

Lawyers are usually consulted for mundane reasons, like the purchase of a home or the drafting of a will. Lawyers are great resources for anyone in business. Obviously, an individual's interactions with the criminal justice system is a serious occasion for legal consultation. How does someone go about finding a lawyer to help them with their particular situation? I'm not sure if looking up a lawyer in the Yellow Pages is the best way (although we -- and many other lawyers -- advertise there). Perhaps the Yellow Pages can be a starting point. I don't think lawyers should be hired just because they are of the same ethnicity (although if there is an english issue, a multi-lingual lawyer can be a good thing). Hiring a lawyer should be an informational based decision. Research on the internet, from google searches or reading a lawyer's blog is a great way to determine whether a particular lawyer has the right background (education, publications) to tackle the specific problem. It may be possible to find out the number of a lawyer's reported decisions at a particular court level. Personal referrals are also a great way to find a lawyer. Testimonials are good, but present... Read more →

The Ideal Client

There are different types of clients. Clients are not treated the same by their representatives. Difficult clients unfortunately, may not get the best possible service from their representatives (despite the professionalism of those representatives). It is incumbent on a client (who is seeking the best possible representation) to ameliorate issues or potential issues that can exacerbate the relationship between themselves and their representatives. Some clients are difficult by nature. This is difficult to address by the client because the same pathology manifests itself in self-delusion. Luckily, most clients are difficult because they are in difficult circumstances. They can realize that these circumstances give rise to stress and anxiety and self-destructive behavior that can undermine the relationship between them and counsel. Here's my suggestions for stressed-out clients dealing with lawyers: 1. Perseverance and patience is key. Most legal matters are complex and time consuming. You may be caught in bureaucratic machinery, or a judicial maze. It is essential that you persevere and not give up at the first sign of trouble. Given the burdens on the legal system, your problem likely will not be solved quickly. 2. Understand -- your lawyer has other matters to attend to. Your problem is of... Read more →