Joint Submissions at the Immigration Appeal Division

13th Jan 2021 Comments Off on Joint Submissions at the Immigration Appeal Division

Last Updated on January 13, 2021 by Steven Meurrens

It is not uncommon for the Canada Border Services Agency (“CBSA”) to consent to an Immigration Appeal Division (the “IAD”) appeal, and for the applicant and CBSA to make joint submissions.

On occassion, the IAD will not accept the joint submissions.

There are also occassions where the IAD may signal, either expressly or impliedly that a certain matter is not at issue, while it in fact may be or become an issue.

The jurisprudence on this is as follows.

In Velauthar v Canada (Minister of Employment and Immigration), [1992] FCJ No 425 (CA), a panel advised counsel before submissions that the only issue was whether the persecution the claimant feared was based on a Convention ground. This implied that credibility was not in issue, so the parties did not address credibility in their submissions. The Federal Court of Appeal found it to be a “gross denial of natural justice” for the panel to then make an adverse determination on grounds of credibility.”  The Federal Court of Canada has applied Velauthar in cases where a tribunal directly or by implication gave the misleading impression that a matter or issue was resolved.

At the same time, the Federal Court of Canada in Fong v Canada (Public Safety and Emergency Preparedness), 2010 FC 1134, ruled that the IAD is entitled to reject a joint submission so long as it provides reasons for so doing and if hte process was procedurally fair.  However, the IAD must give serious consideration to the joint submission.  Several Federal Court decisions have compared joint submissions at the IAD with joint submissions in criminal sentencing.

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LMIA Working Conditions

12th Jan 2021 Comments Off on LMIA Working Conditions

Last Updated on January 12, 2021 by Steven Meurrens

The Temporary Foreign Worker Manual states the following about working conditions.

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Returning Applications During COVID-19

7th Jan 2021 Comments Off on Returning Applications During COVID-19

Last Updated on January 7, 2021 by Steven Meurrens

During the COVID-19 pandemic Immigration, Refugees and Citizenship Canada (“IRCC”) has implemented numerous policies to try to process applications as normally as possible and also provide applicants who are unable to provide certain documents or meet deadlines with flexibility.  Applicants should know that while IRCC is providing more flexibility than it normally does to incomplete applications that it is still returning applications that are technically incomplete where applicants do not provide an explanation.  The return of these applications sometimes takes months due to pandemic related intake delays at IRCC, and it is very important that applicants submit complete applications.

IRCC’s COVID-19 Policy with Regard to Missing Documentation

Canada’s Immigration and Refugee Protection Regulations provides that IRCC can return applications that are missing mandatory information or documents.

During COVID-19, IRCC’s policies are that new, complete applications will be processed as normally possible.

If a new application is missing supporting documentation or information, then an applicant must include an explanation with their application that they are affected by a service disruption as a result of COVID-19.  IRCC will then essentially put the application aside, and wait for the document to be provided.

If a new application is missing supporting documentation or information, and an applicant has not provided an explanation, or if the reason why the document or information is missing is not related to a disruption of services caused by COVID-19, then IRCC will return the application for being incomplete.

IRCC’s Public Messaging vs. Reality

IRCC officials have stated in public that during COVID-19 they have not returned incomplete applications, but rather contacted applicants to remedy the situation.  On November 25, 2020,

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