• October

      21

      2020

    Interview on CBC Alberta at Noon -Discussing the New Family Class Sponsoring Your Parents or Grandparents October 20, 2020

    Judy Aldous:                       The challenges of trying to help your family immigrate in the middle of a pandemic. This is Alberta at Noon, I’m Judy Aldous. The next two weeks will be stressful ones for Albertans who want to sponsor your parents, your grandparents to immigrate. The first step in this sponsorship system is a lottery

    • October

      18

      2020

    Interview on the New Parental/Grandparent Family Class Sponsorship Program

    I discussed the new (but old) immigration lottery process for Parents and Grandparents with Danielle Smith on CHQR AM770 on October 14, 2020. It’s been a bit of a merry go round with this non-economic, family class program. Parents/grand-parents are still subject to medical assessment; the sponsor is still required to meet minimum necessary income

    • October

      6

      2020

    Parents and Grandparents Family Class reopening for 2020!

    There’s some good news for families looking to reunite in Canada. The parents/grandparents family class is reopening. Sponsors have a three week window, starting October 13, 2020 to indicate their interest in sponsoring parents/grandparents to Canada.   10,000 applications will be drawn this year; 30,000 next year … There are clear instructions as to how the

    • September

      27

      2020

    Internal Flight Alternative or IFA -Essential for Pakistan or Nigerian Refugee Claims

    A safe and reasonable Internal Flight Alternative -or IFA -is often used as justification to refuse a refugee claim from Pakistan and Nigeria. The (availability of an) IFA must be addressed by counsel and claimant -it allows the RPD to deny a claim even if there is credible evidence that there is risk upon return.

    • August

      24

      2020

    CHC Delhi and Findings of Misrepresentation -Spousal Open Work Permits

    • July

      31

      2020

    July 24, 2020 Interview with Danielle Smith on the Federal Court striking down the Safe Third Country Agreement

    Stewart Sharma Harsanyi Immigration Lawyers · July 24, 2020 Interview with Danielle Smith -Court Rules Canada – U S Safe Third

    • July

      31

      2020

    Practicing Immigration Law in the Time of COVID-19

    I have practiced immigration law for over 17 years; prior to that I was a Refugee Protection Officer -sort of tribunal counsel to the RPD -the largest Division within the IRB, itself the largest administrative decision making tribunal in Canada. COVID-19 and the response to the pandemic was an unprecedented disruption to the practice of

    • July

      27

      2020

    Safe Third Country Agreement Struck Down

    History Safe Third Country Agreement between US and Canada – in effect since Dec 2014 CDN and US declare each other as safe for refugees Applies to refugees arriving from US at a Canada land POE … with some exceptions (family member in Canada, unaccompanied minors, stateless individuals) First legal challenge to the constitutionality of

    • July

      8

      2020

    July 2, 2020 Transcript -Interview with Danielle Smith on Jason Kenney’s Proposed Changes to LMIA and the AINP

    Danielle Smith:                  There was a, there’s a major announcements that the premier did on some Monday, Tuesday, sorry. Mondays are running together. Can’t even remember what day it is, but you’ve got a staff holiday in the middle of the week. … I think it was Tuesday a major announcement and he had a number

    • June

      24

      2020

    Fired from Your Job? What You Need to Know

    Things to Consider if You Are Terminated   By Sania Chaudhry  This blog post only applies to non-unionized workers and those who work under provincial regulation. If you are in a union or work under federal regulations, then different rules apply to you. As the below is not specific to your case, this does not constitute legal advice. Please

    • June

      24

      2020

    Constructive Dismissal -What you Need to Know

    Constructive Dismissal: What to do if you have been forced out of your job?  By Sania Chaudhry  This blog post only applies to non-unionized workers and those who work under provincial regulation. If you are in a union or work under federal regulations, then different rules apply to you. As the below is not specific to your

    • June

      3

      2020

    Humanitarian and Compassionate Applications -in the Age of COVID-19

    I predict that there will be an increase to the number of Humanitarian and Compassionate applications (for Permanent Residence) as a result of COVID-19. The pandemic is wreaking havoc with the plans made by many foreign nationals living in Canada hoping to make this country home. Many will lose their status and many will lose

    • June

      3

      2020

    The Procedural Fairness Letter

    The lawyers at this office are often called upon to respond to Procedural Fairness Letters -letters sent by Officers after there is a concern regarding the completeness/truthfulness/inadmissibility. As with many things in life, prevention is the best medicine. Applications should be complete and potential concerns should be dealt with (if possible) in advance. Applicants should

    • May

      5

      2020

    Misrepresentation

    “Oh, what a tangled web we weave…when first we practice to deceive.”    Walter Scott, Marmion  Dealing with the allegation(s) of misrepresentation is a difficult task. In many ways, dealing with misrepresentation is harder than dealing with criminality. The consequences for a finding of misrepresentation are harsh -a 5 year ban on future applications to enter Canada and removal for

    • May

      3

      2020

    COVID and Canadian Immigration Policy

    COVID (and our response to the pandemic) has changed our lives and the assumptions we made in the course of our lives. I think it’s essentially impossible to know the medium term impact on immigration. There is of course plenty of prognostication and prediction: But as the nation’s economy plunges into recession, millions are being cast

    • October

      17

      2019

    Refugee Claims and Exclusion from the Convention

    Exclusion Clauses – Article 1(E)   Certain individuals are excluded from the grant of protection. These are the exclusion provisions; some don’t need Canada’s protection, and some don’t deserve Canada’s protection (Articles 1F..)   In the case of the former: in order to be excluded from the Convention -a claimant’s status in another country must

    • September

      16

      2019

    Hope for those Excluded from Sponsoring Family Members under s.117(9)(d)

    We have written on the harsh consequences of omitting family members when an applicant immigrates to Canada. They are then precluded from sponsoring those family members in the future. The only recourse used to be a humanitarian and compassionate application -a remedy that was completely at the discretion of a visa officer. There is now

    • September

      4

      2019

    Options for Farm and Agricultural Workers

    The Agri-Food Immigration Class pilot is starting in early 2020. Focus on attracting butchers, food processing labourers, harvesters for mushrooms ad greenhouse crops, farm workers for mushrooms, greenhouse crops, livestock raising, and livestock workers. Max number of applications to be processed under this class is 2,750. Eligibility: During the 3 years preceding their PR application,

    • May

      10

      2019

    May 9, 2019 Interview on the Danielle Smith Show -the Growing Refugee Backlog and the Auditor General Report

    Danielle Smith:                  …you probably saw that the press conference, a couple of days ago from the Auditor-General talking about the myriad problems that we have at the federal level, but this is one that we have known about because my guest has been raising the alarm about this ever since at the crisis of people

    • March

      8

      2019

    The Exploitation of Temporary Foreign Workers -Interview on CBC Edmonton March 8, 2019

      Tara McCarthy:                 A foreign worker from Edmonton is now in hiding. She says the owner of an Edmonton restaurant that sponsored her work visa tried to extort her for sex. If she didn’t comply, he threatened to withdraw her immigration application. The woman who can’t be named, due to a publication ban, was sponsored

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