Ministers Instructions Resulting From Changes to s. 25 H&C Applications

16th Aug 2010 Comments Off on Ministers Instructions Resulting From Changes to s. 25 H&C Applications

Last Updated on August 16, 2010 by Steven Meurrens

On Saturday, August 14, Citizenship and Immigration Canada (“CIC“) released Ministers Instructions regarding proposed changes to the Immigrations and Refugee Protection Regulations (the “Regulations“) that will correspond to changes to humanitarian & compassionate (“H&C“) applications under s. 25 of the Immigration and Refugee Protection Act (“IRPA“) that resulted from the Balanced Refugee Reform Act (“Bill C-11“).

The changes will impact H&C applications under IRPA s. 25, which provides that an individual who does not meet the eligibility requirements to apply within an immigration class may be granted permanent resident status or an exemption from any criteria under humanitarian and compassionate or public policy grounds.  Prior to Bill C-11, s. 25 stated:

25. (1) The Minister shall, upon request of a foreign national in Canada who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s own initiative or on request of a foreign national outside Canada, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.

Provincial criteria

(2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.2001, c. 27, s. 25; 2008, c. 28,

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When Will a Hearing be Necessary at a PRRA Review

12th Aug 2010 Comments Off on When Will a Hearing be Necessary at a PRRA Review

Last Updated on August 12, 2010 by Steven Meurrens

On August 4, 2010, the Federal Court released its decision in Sayed v. Canada (Citizenship and Immigration), 2010 FC 796 (“Sayed“) The decision involved a discussion of many Pre-Removal Risk Assessment (“PRRA“) issues, including when a PRRA officer will be required to call a hearing.

The PRRA is based on the principle of non-refoulement, and provides that persons should not be removed from Canada to a country where they would be at risk of persecution, torture, risk to life, or risk of cruel and unusual treatment or punishment.  Approved applications generally result in the same refugee protection afforded to persons whose refugee claims are approved by the Immigration and Refugee Board.

PRRA is generally carried out through a paper review process. However, officers have the discretion to hold an oral hearing in certain cases, as outlined in s. 167 of the Regulations. This section states that:

Hearing — prescribed factors

167. For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following:

(a) whether there is evidence that raises a serious issue of the applicant’s credibility and is related to the factors set out in sections 96 and 97 of the Act;

(b) whether the evidence is central to the decision with respect to the application for protection; and

(c) whether the evidence, if accepted, would justify allowing the application for protection.

In Sayed, Justice Zinn noted that in the context of PRRA applications following negative refugee determinations, the test of whether to hold an oral interview is that where the testimony of the applicant,

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Am I a Tax Resident in Canada or China?

9th Aug 2010 Comments Off on Am I a Tax Resident in Canada or China?

A person who is a Canadian tax resident must pay income tax on his/her worldwide income. As previously noted in this blog, people who try to evade paying taxes in Canada on income earned abroad face heavy penalties.

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Competing for Foreign Students

6th Aug 2010 Comments Off on Competing for Foreign Students

The Economist this week has published an interesting article called Foreign University Students: Will they Still Come? While the focus of the article is Britain, the same conclusions that it reaches apply to Canada.

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PR Card Renewal Wait Times Continue to Increase, plus: Use of a Representative : 說不出代辦名字易惹官質疑

PR Card Renewal Wait Times Continue to Increase, plus: Use of a Representative : 說不出代辦名字易惹官質疑

4th Aug 2010 Comments Off on PR Card Renewal Wait Times Continue to Increase, plus: Use of a Representative : 說不出代辦名字易惹官質疑

Less than three weeks ago I commented on the increased delay in processing PR Card Renewals. The processing time had gone from roughly 40 days in January, to 80 days in April, to 171 days on July 16th.

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Live in Care Givers, PNP Acceptance Rates

3rd Aug 2010 Comments Off on Live in Care Givers, PNP Acceptance Rates

Last Updated on August 3, 2010 by Steven Meurrens

According to CIC, during the past 12 months the approval rate for different application streams for permanent residence has been as follows:

Immigration Category
Approval Rate

Economic

Quebec Skilled Workers

97%

Federal Skilled Workers (Pre-C-50)

57%

Federal Skilled Workers (Post C-50)

21%

Entrepreneurs

76%

Self Employed

45%

Investors

82%

Provincial Nominees

96%

Live-In-Caregivers

99%

Canadian Experience Class

85%

Family

Parents and Grandparents

91%

Spouses & Partners

83%

Dependent Children

80%

Family Class (Other)

70%

Humanitarian

Government Sponsored Refugees

76%

Private Sponsored Refugees

69%

Refugee Dependents

86%

H&C Applications

70%

FCH – Family Relations – H&C

90%

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Canadian Immigration Judge Offered Visa for Sex

3rd Aug 2010 Comments Off on Canadian Immigration Judge Offered Visa for Sex

The Toronto Star is reporting that Steve Ellis, a former Immigration and Refugee Board member, has been sentenced to 18 months in jail. He was found guilty of breach of trust and bribery after being caught on videotape trying to pressure a Korean refugee claimant into having sex in return for a favorable decision.

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