De Novo Jurisdiction and the IAD

27th Oct 2010 Comments Off on De Novo Jurisdiction and the IAD

Does the Immigration Appeal Division have an obligation to determine the genuineness of a marriage on a de novo appeal from a removal order on the basis of a misrepresentation, when the genuineness of the marriage was the misrepresentation alleged in the subsection 44(1) report and was relevant to a determination by the IAD of whether the person concerned made the misrepresentation in issue before it?

This was the question before the Federal Court of Appeal in Canada (Citizenship and Immigration) v. Peirovdinnabi, 2010 FCA 267.  In answering it, the Court reflected on the nature of a de novo hearing.

The matter pertained to an individual whose application for permanent residence on humanitarian and compassionate grounds was granted, in part because of the applicant’s marriage at the time.  The application was approved despite the fact that the applicant’s ex-spouse approached immigration authorities advising them that the marriage was a sham entered into solely for immigration purposes.

Shortly thereafter, the applicant applied to sponsor a spouse.  This got the attention of immigration authorities, who made a s. 44(1) report to the effect that the applicant was inadmissible for having made a misrepresentation in his H&C application, and that the marriage was not genuine.

The Immigration Division found that the applicant failed to disclose key facts in his H&C application, and that he was therefore inadmissible.  Having done so, the Immigration Division stated that it was not necessary to determine the genuineness of the marriage issue.

The Immigration Appeal Division overturned the Immigration Division’s finding that the applicant had failed to disclose key facts. It also stated that it would not consider the genuineness of the marriage because the Immigration Division had not found it necessary to so.

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IEC Work Permit – New Employer

22nd Oct 2010 Comments Off on IEC Work Permit – New Employer

There are currently thousands of young adults each year who come to Canada through an International Experience Canada exchange. Those coming under the Working Holiday program receive open work permits, while those coming under the International Co-Op and the Young Professionals programs receive employer-specific work permits.

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Bill C-49 – An Act to Prevent Human Smugglers from Abusing Canada’s Immigration System

21st Oct 2010 Comments Off on Bill C-49 – An Act to Prevent Human Smugglers from Abusing Canada’s Immigration System

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Manitoba PNP: Canada’s Most Used PNP Program | 近半PNP移民前往緬省

20th Oct 2010 Comments Off on Manitoba PNP: Canada’s Most Used PNP Program | 近半PNP移民前往緬省

Manitoba is located in the prairies. Its population is the fifth largest in Canada, at 1,232,654. It’s capital city is Winnipeg, where 60% of Manitoba’s population live, and is where four of the province’s five universities are located. It also has Canada’s most successful provincial nominee program.

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China Falls to Third Place As Source of Immigrants | 中國移民人數 跌至第三位

19th Oct 2010 Comments Off on China Falls to Third Place As Source of Immigrants | 中國移民人數 跌至第三位

The dragon is sputtering. According to figures released by Citizenship and Immigration Canada, more immigrants will arrive from both the Philippines and India than from China in 2010.

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Citizenship Test to Now Test Rights and Privileges of Citizenship | 新試題或考起中台移民

13th Oct 2010 Comments Off on Citizenship Test to Now Test Rights and Privileges of Citizenship | 新試題或考起中台移民

The Citizenship Test has been expanded to include questions on architecture and volunteerism.

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Maintaining Permanent Residency Status While Working Abroad

4th Oct 2010 Comments Off on Maintaining Permanent Residency Status While Working Abroad

Examining the “working abroad for a Canadian business” exception to the “two years out of five” rule for maintaining permanent residency status.

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New Rules for Determining Fake Marriages

1st Oct 2010 Comments Off on New Rules for Determining Fake Marriages

The government has introduced regulatory changes, which take effect immediately, for determining whether a marriage is a “bad faith” marriage or a “marriage of convenience”.

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