Congratulations to Faraz Bawa, KC! We at Stewart Sharma Harsanyi are thrilled and incredibly proud to announce that our esteemed colleague, Faraz Ul-Haque Bawa, has been appointed King’s Counsel (KC) by the Province of Alberta! This prestigious honour recognizes Faraz’s expertise, integrity, leadership, and dedication to the legal profession. As a partner specializing in Immigration
The end of the year is a natural inflection point; looking back towards the year that was and looking forward to the year that is to come. After 20 years of practice in this area, it is clear that this past year was a significant one in terms of immigration developments. As 2025 draws to
Navigating Deferral Requests and Stay Motions in Federal Court: Key Considerations for Facing Removal from Canada As immigration practitioners, we often encounter clients facing the daunting reality of an enforceable removal order. In our book, Inadmissibility and Remedies, co-authored by myself (Raj Sharma KC) and Aris Daghighian, we dedicate significant attention to the mechanisms available to challenge or delay removal, particularly through
Facing a deportation order due to a criminal conviction can be one of the most stressful experiences for a permanent resident in Canada. In this blog post, we share a generalized overview of what clients can expect during an appeal to the Immigration Appeal Division (IAD), based on common scenarios involving serious criminality (e.g., a conviction
In the midst of a wave of extortion-related crimes plaguing British Columbia’s South Asian communities, a new development has sparked outrage and scrutiny over Canada’s immigration processes. Fifteen foreign nationals, identified as suspects by B.C.’s Extortion Task Force, have claimed refugee status after coming under investigation by the Canada Border Services Agency (CBSA). This move has effectively paused
In the world of Canadian immigration, spousal sponsorships represent one of the most personal and emotionally charged pathways to family reunification. It’s a devastating blow when a visa office refuses an application on the grounds that the marriage isn’t genuine. Fortunately, applicants have the right to appeal to the Immigration Appeal Division (IAD) of the
The Immigration Appeal Division or IAD handles a number of immigration appeals, including refusals of family class sponsorships (overseas) like shortfalls to minimum necessary income, residency appeals, and some removal order appeals by PRs (most often arising from misrepresentation or criminality). It is an important backstop and safety net for the loss of PR status
In Idelfonso v. Canada (Citizenship and Immigration), 2025 FC 392, Justice Zinn granted judicial review of an Immigration Division (ID) finding of misrepresentation under s. 40(1)(a) of the IRPA, setting aside a five-year exclusion order against a Brazilian foreign national who omitted resolved Canadian criminal charges (a conditional discharge for mischief, with assault charges stayed,
The Liberal government’s newly tabled 2025 federal budget signals a significant pivot in Canada’s immigration strategy, with a sharp reduction in new international student permits set to reshape opportunities for global talent seeking education in the country. Key Changes to International Student Permits To mix metaphors, what goes up has to come down; and the
Canada’s immigration system is built on trust. At its core lies a simple but powerful principle: tell the truth. Under the Immigration and Refugee Protection Act (IRPA), misrepresentation is one of the most serious grounds of inadmissibility. But what exactly does it mean to “misrepresent”? And why does it carry such severe consequences? The IRPA
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
