Stewart Sharma Harsanyi Immigration Law Firm Blog

Discussing the Bhaona Mohamed case, the IAD flouting Justice Ahmed's Decision, and the Role of the Federal Court, on the Borderlines Podcast

I went on Borderlines, the excellent immigration law podcast, to discuss the recent decision of Justice O'Reilly that will result in a third IAD hearing for Bhaona Mohamed, a frontline LTC healthcare worker that sought humanitarian relief to overcome a breach of the residency obligation. The transcript is below. Borderlines · #87 - Visa Officers and the IAD Ignoring or Disagreeing with Federal Court, with Raj Sharma Borderlines number 87 discussing Bhaona Mohamed Steven Meurrens: Hello and welcome to Borderlines. A podcast for the discussion of Canadian immigration law. I'm Steven Meurrens. In Episode 69 of this podcast, recorded about a year ago, Raj Sharma was our guest to discuss his case, Mohammed v. Canada Citizenship and Immigration 2022 FC1. There in setting aside the refusal of an immigration appeal division decision Justice Ahmed stated, "As a healthcare aide, the applicant risked her own health and safety to support health comprised and aging individuals. She is applying the very skills she acquired in Canada over a decade ago at a time when they're desperately needed while not knowing if she herself will be able to stay in Canada. To frame this commitment and these contributions as only a "moderately positive"... Read more →

All Things Mandamus -Excerpt from Borderlines

Summary: Raj Sharma, a lawyer, explains that mandamus (an application to the federal court to compel IRCC to do something) is more of an art than a science. He says that the trigger for mandamus should be pulled when there is less discretion involved in the underlying application. He does not worry too much about stated processing times and looks at the type of the application, the needs of the client, and the circumstances. He suggests that mandamus can be a very helpful tool, but it may have to be done multiple times and it depends on the particular case. He also says that sometimes, it is better to wait a few months before filing mandamus. Steven Meurrens: When should someone file mandamus? In speaking with lawyers, I've heard everything from, not when people should, but what people's practice seems to be. If the processing time has exceeded stated processing by two x, if it's even a day over or even any time, what's the downside? Oh, and for those, a mandamus is an application to the federal court to compel IRCC to do something. In the visa context, it's usually to conclude processing. Raj Sharma: My philosophy is that... Read more →

Explaining Divergence or Variance in Federal Court Case Law to Clients

Summary: Raj Sharma is discussing the difficulties in explaining the contradictions in Federal Court decisions. The decisions made by the Federal Court Judges can be inconsistent, and clients come to lawyers looking for certainty and strategies to win their case. However, the approach of various judges can be different, making it challenging to advise clients on their chances of winning. This is also a problem in explaining the discrepancies in approach between various Judges at the Federal Court. Federal Court practice is complex and even winning at the Court does not mean that the application will be ultimately granted. How do you explain Federal Court decisions that seem to contradict one another? It's not easy. Clients retain our services given our litigation experience and record. A decision is made to challenge an overseas TRV refusal. We know from the case law that Officers in this regard have greater margin or deference than other decisions. That being said, an Officer must act reasonably and fairly. Getting leave is not easy and while we do win more than our fair share at the Federal Court, it's not always easy explaining the discrepancy in approach between various Judges at the Federal Court. Here's... Read more →

Ask an Immigration Lawyer Anything -Borderlines Podcast

I had a great time talking about a wide number of issues in immigration law with my friends Steven Meurrens and Deanna Okun-Nachoff on the excellent Borderlines podcast. Summary: In this episode of the Canadian immigration law podcast "Borderlines," hosts Steven Meurrens and Deanna Okun-Nachoff interview Raj Sharma, a Calgary immigration lawyer. They answer listener questions related to immigration law. They discuss the challenges in advising clients on divergent case law, processing delays, the possible replacement of immigration lawyers by AI, and the state of the immigration law practice. They also touch upon the complexities of the federal court practice and the uncertainty that often comes with it. Topics: 1:30 - Addressing divergent case law 15:30 - Globe and Mail story about waiving TRV eligibility requirements to clear backlogs 23:00 - Chat GTP replacing lawyers and visa officers 31:00 - Processing delays 36:00 - Mandamus 42:00 - Open work permits for spouses of Canadians 56:00 - C-10 work permits and Express Entry 57:00 - A world in which GCMS notes are provided instead of refusal letters 1:00 - Is the practice of immigration law getting less fun? Borderlines · #80 - AMA with Raj Sharma on Processing Delays, Mandamus and... Read more →

The Procedural Fairness Regime -Borderlines Podcast

Borderlines · #48 - Responding to Procedural Fairness Letters, with Raj Sharma I had a lot of fun joining Steven Meurrens and Deana Okun-Nachoff on their excellent podcast, Borderlines. We got a lot off our chest, and vented about a number of issues. We started with the Procedural Fairness Letter and went on to talk about Officer bias/tunnel vision among other interesting topics. Transcript follows: Steven Meurrens: Hello, and welcome to the Borderlines Podcast, a podcast for the discussion of Canadian immigration issues. I'm Steven Meurrens. We are joined today by Raj Sharma, a partner at the Calgary law firm, Stewart Sharma Harsanyi. Raj previously appeared on Borderlines Podcast, Episode Three, about marriage fraud. And I encourage you to listen to that episode if that's a topic that interests you. I think it was one of the most substantive discussions about marriage fraud and immigration that you will find on the internet. Today, what was initially supposed to be an episode about Procedural Fairness Letters, turned into a wide-ranging conversation that can perhaps best be described as getting things off our chest. Raj, Deanna, and I discuss issues of possible bias against people from Punjab, unreasonable documentation requests, responding to... Read more →

Discussion on Crime Beat discussing deportation and immigration enforcement process for serious criminals

It was a pleasure joining Crime Reporter Nancy Hixt on her great podcast, "Crime Beat", discussing the deportation and immigration enforcement process for serious criminals. Read more →

Interview on AM770 January 22, 2021 Discussing the Possible Deportation of Jaskirat Sidhu the Driver in the Humboldt Tragedy

Summary: Calgary immigration lawyer Raj Sharma discussed the case of Jaskirat Singh Sidhu, the driver involved in the Humboldt Broncos bus crash who is facing deportation after serving his sentence. Sharma explained the immigration process for temporary residents and permanent residents like Sidhu, who is a long-term resident of Canada with a permanent residency status. He also mentioned the Faster Removal of Foreign Criminals Act, which lowered the threshold for deportation to six months. Sharma believes that officers have some discretion in making decisions, and in Sidhu's case, they might consider factors such as his establishment in Canada, ties to this country, the thoughts and views of family members of the victims, his early guilty plea, and his honorable conduct during the trial. Sharma thinks that Sidhu is one of the victims of the tragedy, and the regulations surrounding driving a truck that size across different provinces were insufficient. Some families of the victims have spoken in support of Sidhu, while others are against allowing him to remain in Canada. Danielle Smith: Get to that though, we have another topic that we want to deal with. I feel I'm going to be off side was you guys all day today... Read more →