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International Law

Canadian Immigration Blawg

Recent developments in Canadian immigration law and policy by a former immigration officer in private practice.

Post Frequency: 2.9/day

Last Entry: March 30, 2011 at 23:40:24

Sukhvir Singh Khosa

Posted on March 07, 2009
I doubt that any immigration practitioner would have imagined that Sukhvir Singh Khosa's IAD appeal would reach the Supreme Court of Canada. The 2004 decision was heard by a three member panel. It appears that Khosa's failure to show sufficient "insight" was a major issue for the majority decision:23 Counsel for the appellant made lengthy submissions contending that it isnot the function of the Division to mete out further punishment to thisappellant for his offence...

Article 1fa

Posted on March 07, 2009
Just preparing for an appearance before the federal court on Monday. The matter involves judicial review of a decision by the refugee board excluding my client because of alleged complicity in a war crime. Its an interesting and complex area of refugee law.

Street Racer Ordered Deported

Posted on March 06, 2009
Sukvir Singh Khosa has lost his bid to remain in the country. The Supreme Court, in a 7-1 ruling, reaffirmed the original IAD decision ordering his deportation. The decision has important implications for judicial review of IAD and other IRB decisions...

Canada brings deported gangster back "home"

Posted on March 01, 2009

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Deferral of Removals for Spouse or Partner In Canada Class

Posted on February 25, 2009
The Spouse or Common-law Partner In Canada Class is a welcome relief to many, allowing them to remain in Canada while being sponsored. There are some drawbacks, such as the increased processing time and the fact that there is no appeal to the Immigration Appeal Division of a refusal...

CSIC Complaint

Posted on February 25, 2009
I've just filed two complaints with the Canadian Society of Immigration Consultants against one of their members. I've heard of issues surrounding CSIC governance, but look forward to seeing for myself whether they have adequate safeguards in place for the protection of the public...

Overseas H&C

Posted on February 25, 2009
We've just received leave from the Federal Court in respect of a Judicial Review application. The JR was for a refusal of an "overseas H&C". I'm looking forward to appearing before the Court and gleaning additional information regarding the nature and scope of the visa officer in reviewing such applications...

Toronto

Posted on February 19, 2009
I'm in Toronto for some classes for my LLM. The course 'The Law of Inquests' is taught by Tom Schneider. Having read the material provided, I find it an interesting inquisitorial process with clear connection to criminal law and procedure. I'll be back in the office Monday morning.

Harry Hays...

Posted on February 14, 2009
I was at Harry Hays yesterday and couldn't help but feel sorrow over the Algerian national who had set himself on fire. Did the system fail the individual? Was his actions precipitated because of a genuine risk on return to that country that wasn't recognized by Canada? Or was he simply in a fragile condition as a result of his immigration status and other circumstances? I don't know, but hope that a spirit of compassion is imbued with all of the stakeholders towards the 'clients'.

Immolation in front of Harry Hays

Posted on February 12, 2009
A man, apparently upset over a deportation back to Algeria, set himself ablaze in front of Harry Hays today. Deportation from Canada is naturally disconcerting - especially if you've been in the country for years, and you are convinced of danger upon return...

ADR and spousal refusals

Posted on February 11, 2009
I've had another positive experience with the ADR program here in Calgary. The ADR seeks to divert certain cases that may be amenable to early resolution. Frequently its because the visa refusal is weak or there are only a couple of issues to be canvassed...

IRB consultative meeting

Posted on February 10, 2009
An IRB consultative meeting was scheduled for Monday, February 9, 2009 at the IRB office in Calgary. The meeting was chaired by Kim Workun, Assistant Deputy Chairperson for IAD, and Ross Pattee, Assistant Deputy Chairperson for RPD. The objective of the meeting was to discuss issues pertaining to IAD and RPD hearings in Calgary...

New RPD Members for Calgary

Posted on February 07, 2009
After a substantial amount of time where there was only one lonely Member of the Refugee Protection Division in Calgary, it appears that Ms. Adhopia, Ms. Kingma, Ms. Narula, Mr. Tkachuk and Ms. Walker will be determining refugee claims in Calgary. Here's a brief statement of each of the new Members, found on the CIC website:Prior to her appointment to the Board, Ms...

Retirement Celebration at the IRB

Posted on February 03, 2009
Today was the retirement celebration of Mr. Paul Kyba, Member of the Immigration Division, and Ms. Marnie Armstrong, Member of the Refugee Protection Division. Paul was with the Public Service for 35 years, 27 of which he was a Member (formerly known as an Adjudicator) with the Immigration Division...

Canadian Citizenship

Posted on January 23, 2009
I was contacted today by a very nice gentleman who has been denied his Canadian passport. Born on a Canadian military base abroad to Canadian parents, he returned to Canada when he was still a toddler. Raised and educated here, he also served this country in the armed forces...

...But Defeat Is An Orphan

Posted on January 22, 2009
I've obtained leave on a number of applications for judicial review (these applications were generally filed in October/November 2008). Unfortunately, I've had to file an application for leave and judicial review with respect to the application to vacate (where I attended at the RPD offices in Montreal last year)...

Victory has a hundred fathers...

Posted on January 21, 2009
I'm happy to report that my client's claim for protection was accepted by the Refugee Board last week. One of the issues that arose was the issue of 'nexus'. In essence there must be a logical connection between one of the enumerated grounds of protection (race, religion, nationality, membership in a particular social group and political opinion) and the harm/persecution...

The IRB

Posted on January 15, 2009
I'm back at my old stomping grounds. The IRB will be moving soon and this may be one of my last trips to the fording place building. This afternoons proceeding is by way of video conference and the claim is against Nicaragua. Wish my client luck. Raj Sharma Barrister & Solicitor Suite 204, 1228 Kensington Rd NW Calgary AB T2N3P7 T:403-705-3398 F:403-705-3406 E: raj@immigrationpractice...

Merry Christmas!

Posted on December 25, 2008
Just wanted to post my best wishes to my readers and of course thank all of my clients for allowing me the opportunity to assist them this past year. The work this year included: removal order appeals based on criminal inadmissibility and misrepresentation, submitted PRRAs, NAFTA TN applications, refugee hearings, family sponsorships, spousal appeals, work permits, emergency stay application before the federal court and both overseas and inland humanitarian and compasionate applications...

IRB Resources

Posted on December 21, 2008
Process for Making a Refugee Claim.Admissibility Hearing Process.Detention Review Process.Sponsorship Appeal ProcessResidency Obligation Appeal Process.

CSIS involved in wiretapping solicitor-client conversations

Posted on December 20, 2008
I was at Goodwin McKay's Christmas party last week and ran into Kelly Sundberg, formerly with the CBSA. Kelly is now a PhD candidate and an instructor with the Department of Justice Studies at Mount Royal College. He also has a forthcoming book discussing the changes in Canada's border security (due out later this next year)...

WebValuer.org ...

Posted on December 16, 2008
I came across Webvaluer.org, an interesting site, when I was checking out WebWorkerDaily. It essentially "values" your site. Comparing my blog with the web sites of various Calgary law firms was interesting. Here's my valuation: My site is worth$1,018 Here's the valuation of Burnet Duckworth & Palmer, with over 100 lawyers and an online presence since 1995: My site is worth$615 Here's the valuation of Bennett Jones: My site is worth$231 The internet appears to live up to its reputation as the great equalizer - allowing innovative businesses who can provide on-line value and hold their own against much larger...

Detention Review

Posted on December 12, 2008
Preventive detention should be exceptional means of restraint in a society such as ours. In certain circumstances, foreign nationals can be placed in preventive detention if there are grounds to be believe that they are a danger to the public,...

Federal Court Appearances

Posted on December 08, 2008
I've appeared before the Federal Court on a number of occasions. I was going through some of the reported decisions, and remember the work that was involved in getting them before the Court. I find Federal Court practice very challenging,...

Appeals from a refused spousal sponsorship

Posted on December 07, 2008
When a spousal sponsorship (overseas) is refused, it is generally on the basis that the relationship is not genuine or was entered into primarily for the purposes of immigration to Canada (otherwise known as a "marriage of convenience"). The statutory...

IELTS and skilled worker immigrant class

Posted on December 03, 2008
I've been approached by a couple of rejected applicants under the skilled worker class. These individuals chose not to submit an IELTS exam and decided instead to provide other documentation to establish their language proficiency. Where the applicant is from...

All work and no play...

Posted on December 02, 2008
At the hockey game between the flames and dallas. Couldn't resist a post. Perhaps knowledge of our national game is useful to prospective immigrants? Sent from my BlackBerry� wireless device

Skilled worker - ministerial instructions

Posted on December 01, 2008
The recently announced ministerial instructions regarding the skilled worker immigrant class may be short lived. If the current government falls (which is a distinct possibility) these 'instructions' will not govern the handling of new applications received under this class.

Troubled times for immigrants

Posted on December 01, 2008
As I've said many times in the past, immigrating to another country is not easy. As the son of immigrants, I saw it first hand. There were more struggles before my birth, and my parents provide me with great perspective...

Skilled Worker Class - Restricted to 38 Occupations

Posted on November 28, 2008
News Release on the new instructions on processing skilled worker immigrant applications. Globe and Mail article here. From the CIC website... Is my application eligible for processing?In order for your application to be eligible for processing, you must either: have...

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