I have written and spoken about the remedy of mandamus before; I will be doing so again at the CBA Alberta-North Immigration Section on October 27, 2022. What is mandamus? In essence, the Federal Court has the power to compel IRCC, or Canada Border Services Agency to do something that they should be doing. More
I wrapped up an immigration appeal earlier this month (sadly, a 845 AM Toronto start time which meant a 645 start time here in Calgary). My client’s sponsorship was refused because of a poison pen letter (details were redacted in the officer’s notes). Suffice it to say the poison pen letter alleged that my client
Special program to sponsor Afghan refugees without refugee status from the UNHCR or a foreign state The Government of Canada has announced that starting October 17, 2022, groups of five and community sponsors in Canada can sponsor Afghan refugees without having to submit a refugee status determination (RSD) document. An RSD document is issued
What do you do when your immigration appeal is refused? The IAD is probably your best shot at retaining status. The IAD remains an important safeguard and safety net for Permanent Residents that are facing a removal order. The IAD can consider both validity and humanitarian and compassionate considerations (the “Ribic and Chieu” factors that
Once you start down the [refugee] path, forever will it dominate your destiny -Yoda [paraphrased] Once an individual makes a refugee claim in Canada two paths emerge. One path is regularization, that is success through the refugee or refugee appeal process (sometimes involving the Federal Court). Remember that a protected person (someone that has been
Amnesty for undocumented workers? A recent Toronto Star article may raise hopes for many such individuals and their family members here in Canada. This may be a godsend to undocumented, hardworking migrants that deserve to come out from the shadows and live full lives free from exploitation as new members of the Canadian family. As
“If the Canada Border Services Agency is interpreting section 48 of the Immigration and Refugee Protection Act which now requires removal “as soon as possible” rather than “as soon as practical”, so that the only way the removal can be stopped is by court order, then so be it! What happened to common sense?” Begum
Stewart Sharma Harsanyi Immigration Lawyers · 2022 08 17 Redfm Interview on Immigration Fraud and International Students It’s been awhile since I’ve been interviewed on RedFM -Rishi Nagar and I discussed the conviction and sentencing of Roger Bhatti, once one of the busiest refugee lawyers in the Western Region, immigration fraud generally, and issues facing
IRCCC has (finally) provided some details as to the process by which PGWP holders can extend their status. Take a careful read of the announcement on the IRCC website here. Some individuals don’t need to do anything; a new work permit will be sent to their mailing address. Others, however, will need to apply and
While a visitor can now apply for a work permit from within Canada, many individuals still go to the border to apply. This should only be done if you and/or your representative have done the homework and ensured that all relevant t’s are crossed and i’s dotted. A relatively recent case discusses the risk inherent
An application under H&C grounds pursuant to section 25(1) of the IRPA is a powerful tool that can allow an individual from within Canada to seek exemption from the operation of the IRPA and IRPR and become a PR. Section 25(1) of the IRPA allows the minister of citizenship and immigration or their delegates the
I discussed confronting bias and antagonism at the Immigration and Refugee Board in my book. The most recent iteration of this phenomenon is canvassed in a Toronto Star article. The Refugee Appeal Division set aside a biased RPD Board Member’s decision and granted protection, noting, in part: In her decision, Bobkin said there’s a high
My friend Jatin Shory (who also practices immigration and refugee law) had asked Ian McKay (an experienced criminal defense lawyer here in Calgary) and myself to give a presentation to the CBA Immigration Section on ‘crimmigration’ in February. Part I of our discussion follows… Jatin Shory:
Borderlines · #69 – COVID-19 as an H&C Factor, Mandamus and FSW vs. CEC Priorities, with Raj Sharma … Steven Meurrens: Hello, and welcome to the Borderlines Podcast. The podcast for the discussion of Canadian immigration law and policy. I’m Steve Meurrens. This week, Deana Okun-Nachoff and I are joined by Raj Sharma an immigration
Transcript Jasraj S. Hallan: Hey everyone. Welcome to the second episode of All That Jas. I’m your host, Jasraj Singh Hallan, Member of Parliament from Calgary Forest Lawn. We are so honored today to have my good friend, and I would say world-renowned immigration lawyer, Raj Sharma, joining us today to talk immigration and
In order to maintain status, a permanent resident must comply with the residency obligation set out in s.28 of the IRPA. With some limited exceptions, this means being in Canada for 2 years out of every 5 year period. Non-compliance carries with it a risk or jeopardy to status. Section 41 of the IRPA establishes
Stewart Sharma Harsanyi Immigration Lawyers · RedFM Interview -Immigration Backlog Raj Sharma Audio With MP Jasraj Hallan RedFM News Director Rishi Nagar interviews immigration lawyer Raj Sharma and Member of Parliament Jasraj Hallan as to the recent news of a 1.8 million application/file backlog with Immigration, Refugees and Citizenship Canada.
I had a fun time chatting with Chantal Desloges and Cathryn Sawicki on their new immigration podcast -Welcome Home. We talked about practicing in the complex area of inadmissibility law. Topics covered: The amount of discretion that remains in the hands of an Officer even when confronted with inadmissibility; The challenges and rewards inherent in
Many international student applicants have been found to have used false documents to secure their student visas/study permits. Some are aware of the use of false documents. Some are innocent dupes and victims at the hands unscrupulous agents. Some are discovered at the visa office. Some are found out during an examination when they land
It was a pleasure collaborating with my co-author Aris Daghighian in writing a text on the Canadian Inadmissibility Law and Remedies. There is no facet of immigration practice more complex and consequential than inadmissibility. The purpose of this text is to assist counsel in navigating the law surrounding restrictions and prohibitions upon entry and the
