202007.22
0

Safe Third County Agreement (STCA) Unconstitutional

July 22, 2020 The Federal Court released an important decision today, ruling the Canada-U.S Safe Third Country Agreement as unconstitutional. This agreement allowed Canadian authorities to send refugee claimants back to the United States, and prohibited most foreign nationals from seeking refugee protection in Canada from the United States, with only a few exceptions. Here…

202007.14
1

PERMANENT RESIDENT STATUS – Series Part 3 of 3

How do you maintain Canadian PR status? Residency obligation (1) A permanent resident must comply with a residency obligation with respect to every five-year period. (2) The following provisions govern the residency obligation under subsection (1): (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of…

202007.14
2

PERMANENT RESIDENT STATUS – Series Part 2 of 3

When does a Permanent Resident lose status? If we read the proper section of the Act, it is quite clear: Permanent resident (1) A person loses permanent resident status (a) when they become a Canadian citizen; [This is self, explanatory, when one become a Canadian Citizen, he ceases to be a Permanent Resident] (b) on a final determination…

202007.14
2

PERMANENT RESIDENT STATUS – Series Part 1 OF 3

Are you still a Canadian Permanent Resident? Why are we looking at this question? With the present COVID pandemic, we are getting many inquiries from people who had lived in Canada as Permanent Residents (PR) in the past but have since moved overseas. In light of the fact that Canada has done relatively well with…

202001.02
0

2 or 5 Year Ban for Misrepresentation ?

The current legislation sets the period of inadmissibility to Canada for persons who have been found inadmissible due to misrepresentation to five (5) years. The current law came into effect on November 21, 2014. Prior to that, the period of inadmissibility was 2 years. The Government was enforcing the five year ban on everyone who…

201908.03
1

IMMIGRATION ECONOMIC INITIATIVE – Temporary public policy issued to provide permanent residence to out-of-status construction workers in the Greater Toronto Area, July 5, 2019.

In the stated Objectives of Canadian immigration law, found in s.3 (1) of the Immigration and Refugee Protection Act, there are several references to the objectives being economic in nature. The Objectives talk about the need to pursue the “economic benefits of immigration” and to “support the development of a strong and prosperous Canadian economy”….

201906.30
1

SPOUSAL SPONSORSHIPS AND APPEALS

The overriding issue in “spousal sponsorships” is the question of the genuineness of the marriage. Clients often ask, “ we have a genuine relationship” but how do we prove it?  First, you should understand that the following provision of the Immigration and Refugee Protection Regulations defines what is meant by a “non-genuine relationship”; Bad faith…

201906.11
0

Federal Court overturns refugee decision for inappropriate application of Gender Guidelines

The Gender Guidelines were established by the Immigration and Refugee Board, in recognition  that women asylum claimants fearing gender-related persecution face specific  problems at refugee hearings. The Board introduced the Guidelines  as to how individual members should conduct claims to ensure that evidence is adduced and evaluated with sensitivity and to avoid re-traumatizing claimants. The…