Mandamus is often treated as an IRCC remedy: the stalled permanent residence file, the citizenship application lost in “background checks,” the study permit that never moves. However, the same writ can be used to compel the Refugee Protection Division to schedule a proceeding. Now this is relatively rare but we came across a file that
Navigating an appeal against a removal order before the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada requires a delicate balance of statutory law, legal precedent, and human narrative. When a long-term Permanent Resident faces deportation due to serious criminality, the hearing is rarely a battle over technicalities. Instead, it becomes
On September 11, 2026, the Federal Court granted judicial review in Anenya v. Canada (Citizenship and Immigration), 2026 FC 1149. Madam Justice Aylen set aside a visa officer’s refusal of a privately sponsored overseas refugee application and sent the matter back for redetermination by a different officer. Bjorn Harsanyi, K.C., and the team at Stewart
Immigration, Refugees and Citizenship Canada’s public policy that facilitated Family Class sponsorship of certain previously undeclared family members expired on September 10, 2026. The measure was first introduced in 2019 as a temporary way to support family reunification where a sponsor had not declared or had not had examined a spouse, common-law partner, conjugal partner,
What kind of detail is needed in a PFL alleging misrepresentation concerns? The jurisprudence continues to evolve just how detailed a procedural fairness letter must be when misrepresentation is alleged. Justice Battista wants more than the minimum and for him the “gist” is not going to be enough for a misrepresentation concern. In a pair
Foreign nationals must maintain status and if status lapses, they have 90 days to file an application for restoration. If such application is filed, CBSA waits for the decision (an approach consistent with Sui v. MCI 2006 FC 1314) –see ENF 5 Writing 44(1) Reports, 9.6 Restoration of Status. If it’s not filed, even if
The Immigration Division (ID) of the Immigration and Refugee Board (IRB) deals with two matters -admissibility hearings and detention reviews. Detention reviews are about balancing the liberty interests of the individual against the interests of society. However, and sometimes (luckily, not that often) even if you succeed in securing your client’s release, it’s not the
Consent by our lovely colleagues at the DoJ on a parent/grandparent refusal (an “incomplete” resume -with a gap some 45 years ago). The client had submitted a reconsideration with no luck. Thankfully the client had documented their efforts which allowed us to put together a complete record for the Court. We filed a JR against
When an individual is detained by the Canada Border Services Agency (CBSA), it can be a highly stressful and confusing experience. However, detainees have the right to a detention review before the Immigration Division (ID) of the Immigration and Refugee Board (IRB). You can think of a detention review as the immigration equivalent of a
At the 2026 CBA National Immigration Conference, I presented on the significant changes introduced by the Strengthening Canada’s Immigration System and Borders Act (formerly Bill C-12, which received royal assent on March 26, 2026). These amendments added two new bars to the referral of refugee claims to the Immigration and Refugee Board (IRB). The rules
This is a recent case from the Federal Court canvassing the requirement that a H&C officer approach such applications with empathy and assess in line with the jurisprudence and the evidence presented. In this case, the applicant was a 65 year old Cuban grandmother. She sought H&C relief which was denied in late 2024; Justice
For tens of thousands of applicants, the Canadian immigration process has devolved into a digital “black hole.” You submit your application for Permanent Residency or Citizenship, only to watch the “In Progress” status bar remain frozen. It’s not just PR or Citizenship applications there’s been inordinate delay across business lines at IRCC (like work permit
One of our recent files illustrates the edge of Canada’s misrepresentation rules and visa offices’ growing focus on program integrity. Our client had sought a visitor visa to Canada (there was a PR application in play as well) but was sidelined by a misrepresentation finding and resulting 5-year inadmissibility finding under s. 40(1)(a) of the
We want to alert colleagues about a troubling development involving the unauthorized and undisclosed use of generative AI by risk assessment decision-makers. This stems from a JR we handled regarding a PRRA refusal [Singh v. MCI IMM-8235-24]. In Singh we raised challenges at the intersection of administrative law, procedural fairness, and generative Artificial Intelligence
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Navigating Alberta’s Referendum on Immigration: Insights from the CBC West of Centre Discussion Raj Sharma, founding partner of Stewart Sharma Harsanyi and an immigration lawyer with extensive experience in Canadian policy and practice, appeared on CBC’s West of Centre podcast on February 20, 2026, guest hosted by Jason Markusoff. The discussion focused on Premier Danielle
Update on Bill C-12: Immigration Measures Advance Without Amendments, Introducing Key Restrictions on Asylum Claims As immigration lawyers dedicated to helping clients navigate Canada’s complex immigration system, we at Stewart Sharma Harsanyi are closely monitoring developments in federal legislation that could impact asylum seekers and other immigrants. On February 23, 2026, The Canadian Press
Raj Sharma KC, an experienced immigration lawyer, delivered his annual presentation to Student Legal Assistance (SLA) on the intersection of criminal law and immigration law in Canada. He outlines the critical hierarchy of immigration statuses, details how different levels of criminality affect non-citizens, explains the post-conviction enforcement process, and provides practical advice for SLA caseworkers
