Section 40 of the Immigration and Refugee Protection Act (IRPA) is one of the most severe inadmissibility provisions in Canadian immigration law. A misrepresentation finding not only results in refusal but imposes a five-year bar on re-applying and casts a long shadow over future dealings with IRCC. The Federal Court has consistently held that a
Canadian immigration law treats misrepresentation harshly. Section 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national or permanent resident is inadmissible for “directly or indirectly misrepresenting or withholding material facts … that induce or could induce an error in the administration of the Act.” A finding under this provision carries
The TRP *can* overcome noncompliance but the TRP is highly discretionary, with officers afforded deference, and in many cases may be a false hope to those seeking to overcome non-compliance (esp where there is another option to regularize status). The TRP is a discretionary tool that allows an officer to grant temporary authorization to a
The transcript is from the CBC radio program Alberta at Noon (aired around September 2025), hosted by Ted Henley filling in for Kathleen Petty. It focuses on Alberta’s newly announced policy to make proving citizenship mandatory for obtaining or renewing driver’s licenses and provincial ID cards starting in fall 2026. Canadian citizens will have a
For individuals seeking protection from within Canada, the inland refugee claim process offers a structured pathway to obtaining refugee status. This comprehensive system, overseen by Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board of Canada (IRB), involves a series of steps, each with specific requirements and potential outcomes. This breakdown provides
As refugee lawyers we’ve seen this before: a Refugee Protection Division decision that twists the evidence into knots to justify rejection. One of the most frustrating errors is selective reading, where the member plucks out isolated bits from country reports while ignoring the broader picture that clearly corroborates risk. It’s sometimes more than a mistake
I recently joined Steven Meurrens, Deanna Okun-Nachoff, and Hannah Lindy on the Borderlines podcast (June 13, 2025) to discuss the Humanitarian and Compassionate (H&C) application under section 25(1) of the Immigration and Refugee Protection Act (IRPA). This discretionary remedy remains a cornerstone of Canada’s immigration framework, offering a lifeline to individuals who face barriers to
Steven Meurrens: All right. It is June 13th, 2025. We are here today with an all-star panel of H&C experts, Raj Sharma, who was supposed to be on a few weeks ago. We had the episode titled, but then he couldn’t make it, and I learned what happens when an episode airs with the title
Mastering Detention Review Hearings: Insights from the CBA National Immigration Conference The Canadian Bar Association’s National Immigration Conference was held this year (June 6-7) in beautiful Victoria, British Columbia. The first such conference I attended was about 20 years ago, and like every year, the immigration bar comes out in force to gather, network, renew
With the election behind us, what lies in store for immigration policy? Here’s an overview of the Liberal Party’s immigration platform announced just a few days prior to one of the most consequential elections in memory. This plan and we can emphasize plan is one that touts sustainability, economic growth, and system efficiency, but much
Spousal sponsorship appeals before the Immigration Appeal Division (IAD) often turn on accusations of “bad faith” marriages, where the government questions whether a relationship is genuine or was entered into primarily to gain immigration status. These cases can be complex, placing the burden squarely on the appellant to prove, on a balance of probabilities, that
For people who gained permanent resident status in Canada through work or other means, you must follow rules to keep it. A key rule comes from Section 28 of the Immigration and Refugee Protection Act. This rule keeps your link to Canada strong. It offers some give, but the details can surprise you. The Core
Stewart Sharma Harsanyi Immigration Lawyers · 2025 01 13 RedFM Interview I was interviewed on January 13, 2025 by Rishi Nagar, the inestimable news director of RedFM Calgary discussing the significant changes that the new year has already brought. The interview started by discussing the impact of the prorogued Parliament on immigration processing and policy.
Natasha Fatah Raj Sharma, who’s joining us from Calgary, he is the founder and managing partner of Stewart Sharma Harsanyi, one of Canada’s largest dedicated immigration law firms. Raj, thanks so much for making time for us. Raj Sharma KC: Thanks for having me. Natasha Fatah: Raj, I know you follow what’s happening in the
Another year is in the books (more or less). 2024 saw reductions in immigration levels, restrictions to both the international student and temporary foreign worker programs, and a dramatic decrease in public support for immigration fueled by housing costs, availability or lack thereof of public services and a strain on infrastructure. What lies ahead? The
There’s a remark attributed to Vladimir Lenin, “There are decades where nothing happens; and there are weeks where decades happen,” likely referring to the Bolshevik revolution and other remarkable watershed moments near the end of the Great War; periods where change accelerates at an unprecedented pace. On some level the sentiment is applicable to the
Introduction In a notable shift, Immigration, Refugees and Citizenship Canada (IRCC) has revised its approach to issuing visitor visas. As of the updates made public on November 6, 2024, the issuance of multiple-entry visitor visas is no longer an automatic process. If an officer was going to approve the default would be multi-entry and until the
Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 07 RedFM Interview On CBSA Raids And Enforcement I was interviewed by RedFM news director Rishi Nagar on the recent reports about CBSA raids against employers and foreign workers engaging in unauthorized work. The interview is a Punjabi language broadcast and is above. By way of context,
Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 25 RedFM Interview On Reduction In Immigration Intake I discussed the recent announcement by Immigration Minister Marc Miller regarding the reduction in immigration levels for permanent residents in Canada irecently on RedFM -it’s mostly in Punjabi and the audio is above but here’s some additional context: Reduction
The COVID-19 pandemic is essentially over and stringent travel restrictions and limitations on removal have been repealed; but that response by this country and others has underscored the ambit and flexibility of immigration laws, including enforcement powers. The repercussions and consequences of the pandemic will continue to reverberate. As an example, the initial shut down
