Stewart Sharma Harsanyi Immigration Law Firm Blog

Immigration in the Time of COVID-19: Issues and Challenges

The Standing Committee on Citizenship and Immigration (CIMM) has conducted a study on the impact of COVID-19 on the immigration system and found that there has been significant disruption to the system. The use of technology, such as digitizing processing streams, virtual interviews and ceremonies, and virtual hearings has been supported by numerous witnesses. The study recommends keeping these innovations in place after the pandemic is over. The use of remote interviews and hearings can increase efficiency, flexibility, and fairness, and security and trackability concerns can be mitigated. The report calls for transparency and oversight in the process. The author hopes that IRCC continues to improve the means by which individuals come to visit, study, work, seek protection, and live in the country. It was an honour to contribute to the study by the Standing Committee on Citizenship and Immigration (CIMM) on the impact of COVID-19 on the immigration system. The final report can be found here; Download Immigration in the time of COVID-19 Report of the Standing Committee. There has been massive disruption to our immigration system. Disruption very often leads to change; it seems clear that IRCC and the other stakeholders within the immigration system will have to... 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 →

Crackdown on Marriages of Convenience

It looks as if Citizenship and Immigration is moving aggressively on marriages of convenience. A marriage to a Canadian citizen or permanent resident is one of the fastest, and many times is the only way for otherwise ineligible immigrants to enter Canada. With such incentives, it's little wonder that marriages of conveience (with the connivance of the sponsor for money or other consideration, or simply a deception upon the sponsor) occur. Interesting article in the Globe and Mail here.Toronto's Ramesh Maharaj had railed against the decision of an immigration officer refusing his sponsorship in 2005. After a successful appeal of the decision to the Immigration Appeal Division, Mr. Maharaj's spouse arrived in Canada and left him shortly after. Maharaj is now vice-president of the organization 'Canadians Against Marriage Fraud'. To combat marriage fraud, the department has now deployed 'clandestine' teams in foreign countries. In addition, visa officers are receiving training to ask 'better questions' of apparent couples. Excerpt of Globe and Mail article - which also contains information on the immigration policies of other countries in relation to spousal sponsorships: The Harper government is deploying clandestine teams to fan out across foreign countries and gather raw information about elaborately staged... Read more →

Updated: Justice for Khadr

My own views on Omar Khadr have been evolving over time. I think that they've now crystallized: Omar Khadr should be returned to face justice in Canada - or face justice before a proper court in the US (their federal courts system). Having watched an episode of CTVs "Verdict" with Paula Todd (November 2007) - Dennis Edney (my old mentor from Edmonton) made an especially eloquent statement - that the military tribunal commission set up in Guantanamo is not good enough for adjudicating an American, or British (or Australian) individuals charged with being 'unlawful enemy combatants' - and so, why should it be sufficient for a Canadian? The Canadian Bar Association has joined the voices of Amnesty International et al. in calling for the repatriation of Omar Khadr to Canada from Guantanamo Bay. PDF of the CBA's letter to Prime Minister Harper here. While my personal opinion is that Omar Khadr has no one to blame for his particular situation but himself (and probably his terrorist inclined family), I have to admit (with some difficulty) that the matter involves fundamental justice, notwithstanding the (strange) indifference I may feel to the individual involved. it is a deep concern that Khadr has... Read more →

Top Canadian Immigration News Stories for 2007

In the spirit of the end of years' ubiquitous top ten lists, I present my own (in no particular order) take on the top immigration stories for 2007: The Death of Robert Dziekanski. Dziekanski, a Polish immigrant, who the RCMP tasered within 25 seconds of their arrival. Tragically, Dziekansi never set foot alive outside the Vancouver International Airport. The (non) deportation matters of: Laibar Singh, a paralyzed Sikh and failed refugee claimant. Singhs' supporters staged a massive protest at the Vancouver International Airport, yet again preventing his removal from Canada; Karlheinz Schreiber. The wily Schreiber has managed to delay his deportation to Germany to face serious criminal charges by a flurry of conflicting affidavits, law suits and a unusual appearance before Parliament. What remains to be seen is how much longer Schreiber can delay the seemingly inevitable; Sukhvir Singh Khosa. Khosa and Bahadur Singh Bhalru were street racing when Khosa's vehicle struck and killed Irene Thorpe, and innocent pedestrian on Marine Drive in Vancouver. Both were convicted and Bhalru was eventually removed from Canada. Khosa continues to fight his removal and his appeal will now be heard by the Supreme Court of Canada; Samuel Martin Luin, who entered Canada in... Read more →

Bias in the Canadian Consulate in India?

Apparent comments by Brian Hudson, chief visa officer in India have upset a delegation of Canadian college and university leaders who visited India this month (Globe and Mail article): "[Mr. Hudson] said he did not understand why the heck we were recruiting in the Punjab; the state of the Punjab has the highest crime and forgery rate anywhere; the highest human-trafficking statistics in the world, and that we should be recruiting in South India," Mr. Oppal alleged. Immigration practitioners have long known of the difficulties in securing approvals for (Indian, particularly Punjabi) applicants. Hmmm...I wonder if the alleged comments/complaint can be utilized in arguing institutional bias in any relevant Applications for Leave before the Federal Court... Read more →

Updated: The Deportation of Laibar Singh

Laibar Singh's sojourn in Canada has taken another twist. The Vancouver Sun reports that Singh's supporters may be backing off on their public pledges to support and care for him as long as he remains in Canada. Singh's case can be juxtaposed with Piotr Mazur - Mazur was holidaying in Canada with his family when he got into a car accident and was partially paralyzed. Mazur was eventually granted permanent resident status after the then minister of CIC intervened in his case. It would be a legitimate question to ask if there is a double standard. However, as an immigration lawyer, I've come across numerous cases with similar facts but resulting in wildly disparate outcomes. The inconsistency of our immigration system is an unfortunate fact. Singh had been ordered deported from Canada - despite years of efforts to regularize his status. He orginally arrived on a fake passport from India and claimed refugee status, which was refused by the IRB. Singh later suffered an aneurysm and is now paralyzed, requiring care. While he has won two stays of his planned deportation, Singh's tenure in Canada appears to be coming to an end. Singh had earlier claimed sanctuary in a Sikh... Read more →

Are lawyer's rats?

Maclean's magazine has published a front page story entitled "Lawyers are Rats" including an interview by Philip Slayton (a former Dean and Bay Street lawyer) who's written a new book detailing various lawyer misdeeds. The handful of examples he cites pales in comparison to the 90,000 plus membership of the legal profession. I think it's unfortunate that lawyers are subject to a double standard. During (and before) the Holocaust, many doctors were involved in the Third Reich's euthanization program and conducted bizarre and cruel experiments on unwilling subjects. This did not, however, result in an indictment of the medical profession as a whole - unlike lawyers who have been besmirched by individuals who have been sanctioned by the criminal justice system and by their respective law societies'. Here's a summary of Slayton's views by a more recent editorial in Maclean's: Mr. Slayton describes the world of Canadian law as miserable, amoral, obsessed with making money, rife with fraudulent and unethical activity, poorly regulated, and indifferent to issues of justice. In plain language, he argued that lawyers are rats, a phrase we chose as our cover line for the issue. In my opinion, Slayton's main issue is a non issue. There... Read more →

Patronage Must End At Immigration Board

Peter Showler, past Chair of the Immigration and Refugee Board (“IRB”), has discussed the problem of patronage at the IRB in his new book “Refugee Sandwich” and in an interview with The Lawyer’s Weekly publication. The Refugee Protection Division (“RPD”) is the largest division within the IRB. Showler has charged that successive Conservative and Liberal regimes have “larded the board with political partisans whose incompetence has ... resulted in genuine refugees being deported to their homelands to face persecution or possibly even death”. A failed refugee, who had claimed asylum against Egypt, alleging persecution because he was a Christian, is claiming that he was tortured upon his return to Egypt. If this allegation is established, it will underline the difficulties facing refugee decision makers and highlight the importance of appointing decision makers purely on the basis of merit. Merit based appointments make sense, however it would appear that appointments to the IRB are a major way for a new government to thank its political friends. During his tenure (which ended in 2002) Showler estimates more than half of appointees to the IRB were individuals with ties to the Liberal Party. Such appointments are made by the party in power –... Read more →

Changes needed to immigration policy

**Note - the following was published as a 'guest column' on page 15 of the Calgary Sun on December 22, 2006 ** The shortage of workers in Alberta is recognized and indisputable. The Alberta government predicts a shortfall of 100,000 workers over the next decade – a situation that could threaten over $100 billion of expected capital projects. The situation is not lost on our new premier who recognizes the shortage as a major threat to the booming Alberta economy. Are temporary foreign workers a panacea to Alberta’s labour woes? There are about 100,000 temporary foreign workers in Canada today (and about 10,000+ in Alberta), and it’s likely that that number will rise as increasing numbers of Canadian employers look outside our borders for staff. However, there are serious deficiencies with current government policy dealing with foreign workers. Human Resources and Social Development Canada (HRSDC) and Citizenship and Immigration Canada deal with most situations involving foreign workers. Many foreign workers fall under the “low skill” category. These temporary workers are authorized to live and work in Canada for only 12 months. After the worker has adjusted to life in Canada, improving his or her English and is fully trained, Immigration... Read more →

Deportation for Security/Criminality Reasons

This year there were a number of news stories report on the deportation of Bachan Singh Soghi – an alleged member of the Babbar Khalsa International and accused of being a security risk to Canada: Article here. Article here. Article here. Soghi had been accused of plotting to assassinate former Punjab Chief Minister Badal. He left India, arrived in Canada and claimed asylum or refugee status in 2001. He had also made an asylum claim in the UK that was not initially disclosed to Immigration Canada. His claim was rejected and his recent application to the Federal Court was also denied. The deportation illustrates removal proceedings in Canada. Generally speaking, inadmissibility is one avenue to strip a foreign national or permanent resident from their status and remove them from Canada. There are different inadmissibility grounds: Medical inadmissibility (generally arises before a visa is granted); Criminal Inadmissibility National Security Misrepresentation Non compliance with IRPA Inadmissible Family Member Serious criminality (criminal convictions for “indictable” offences or hybrid offences) and breaches of residency obligations are usually the main inadmissibility grounds against permanent residents. An appeal to the IAD is generally available for permanent residents. The IAD is not available to permanent residents who... Read more →

Border Crossings and Disbarment

Illegal migrants paid up to $40,000 to cross the US/Canada border. Link is here. Looks like disbarred lawyer Ingrid Chen was offering bargain rates when she was involved in setting up an illegal border crossing. A former Winnipeg immigration lawyer has been handed a one-year conditional sentence after being convicted of helping to smuggle [Ferdinand (Dean) Gutierrez] into the United States in 1999. Ingrid Chen appeared upset when Mr. Justice Nathan Nurgitz handed down the sentence yesterday. He says she will be under a curfew that will allow her to leave her home only to go to work. She will also have to repay about $3,800 she received [for masterminding] the smuggling incident." (Globe and Mail, May 14, 2004) This is from the Law Society of Manitoba website: N O T I C E TAKE NOTICE that by resolution of the Complaints Investigation Committee of The Law Society of Manitoba, effective the 8th day of July, 1999, INGRID YIN-YU CHEN was suspended from the practice of law pursuant to Section 50(1) of The Law Society Act pending an inquiry into her conduct. DATED at the City of Winnipeg, in the Province of Manitoba, this 8th day of July, A.D., 1999.... Read more →

Mexico No. 1 Source Country for Refugees

Somewhat surprisingly, Mexico is Canada's number one source country for refugees in 2005. The news link is here. Rougly 3,500 Mexican refugee claims were 'referred' to the Immigration and Refugee Board. Out of which around 2,300 were rejected. Another 700 failed to show up for immigration proceedings and 'abandoned' their claims. I'm pretty sure that the numbers don't mean that country conditions in Mexico are worse than the perennial source countries. I think it has to do more with the geographical proximity and the fact that Mexicans don't need a visa to enter Canada. Read more →

Increased Immigration Levels Not Necessary??

A leading demographer has indicated that increasing immigration levels to meet labour shortages in Canada is not necessary. The link is here. Based on demographics, Foot said he would maintain the existing level of immigration to Canada until 2015, a time when fewer people will be in their 20s. That opinion runs contrary to new policies announced last fall by both the federal and provincial governments. Notably, Foot's view is contrary to the (popular) perception that immigration levels need to rise in Canada - that it is vitally necessary for our economy. At the same time, there are numerous indicators of Alberta's severe shortage of workers. Efforts at recruiting individuals within Canada are not succeeding at meeting the demand. A CBC news link already documents the efforts of Alberta companies advertising and recruiting from Eastern Canada: link here. Here's an excerpt: One grocery retailer is offering jobs that pay up to $35,000 per year, free airfare, a month's free rent and moving expenses. Philip Roach of Westfair Foods says it's not just the grocery business that's booming. "Every business in Alberta is struggling with recruiting qualified staff," he said. It could be that while Foot's demographic models may be technically... Read more →