Navigating Deferral Requests and Stay Motions in Federal Court: Key Considerations for Facing Removal from Canada 

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

Navigating a Removal Order Appeal at Canada’s Immigration Appeal Division (IAD): A Client’s Guide

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

Extortion Crisis in BC: Suspects Claim Refugee Status And Questions Arise Over CBSA Actions

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

Navigating Spousal Sponsorship Appeals: Insights from the Immigration Appeal Division

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

Firm Founder Raj Sharma Discusses Increased Enforcement and Removals on RedFM Calgary Punjabi Language Broadcast

The Immigration Appeal Division or IAD an Important Safety Net

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

Case law update: Justice Zinn on misrepresentation and materiality

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,

Canada’s 2025 Budget: Major Cuts to International Student Permits

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

The High Stakes of Misrepresentation in Canadian Immigration

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

Firm Founder Raj Sharma Discusses Alberta Driver’s Licenses to Include Citizenship Status on RedFM Calgary Punjabi Language Broadcast

The Withdrawal Gambit: When Withdrawing an Application Can Prevent a Misrepresentation Finding

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

Correcting the Record: Dodging the Misrepresentation Bullet

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 as a Tool to Overcome Non-Compliance

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

Mandatory Citizenship Status to be Included in Alberta Driver’s Licenses

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

Navigating the Path to Protection: A Breakdown of Canada’s Inland Refugee Process

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

Refugee Refusals Based on Selective Reading and Cherry Picking the Evidence

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

Firm Founder Raj Sharma Discusses the STC and Refugee Restrictions on RedFM Calgary Punjabi Language Broadcast

Firm Founder Raj Sharma Discusses CBSA Workplace Raids and Enforcement on RedFM Calgary Punjabi Language Broadcast

Firm Founder Raj Sharma and US Attorney Ashwin Sharma Discuss Immigration Developments on RedFM Calgary Punjabi Language Broadcast

The Humanitarian and Compassionate Application: A Powerful Tool for Immigration Relief in Canada

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