The Best Interests of a Child

5th Feb 2011 Comments Off on The Best Interests of a Child

Last updated on March 14th, 2021 When considering whether humanitarian & compassionate considerations (“H&C“) justify an exemption from the normal requirements of Canadian immigration, visa officers are required to be alert, alive and sensitive to the best interests of any child affected by the decision. To demonstrate that they have met this requirement, a decision-maker must typically identify and define…

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IAD Statistics

6th Apr 2021 Comments Off on IAD Statistics

The Immigration Appeal Division has a webpage with useful statistics that can be found here. I have reproduced the data as of 2020 below in case the IRB for whatever reason moves the data. Appeals by Region – 2020 (January to December)​ All Appeals Filed Filed Stayed Finalized Pending (as of 2020/12/31​) Allowed Dismissed Abandoned Withdrawn & Other Total Stayed…

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Leaving Canada by the end of Authorized Stay

7th Mar 2013 Comments Off on Leaving Canada by the end of Authorized Stay

Last updated on July 23rd, 2021 People applying to visit, study, or work in Canada have to show that they intend to be bona fide temporary residents that will leave the country once their visa / study permit / work permit has expired. This is pursuant to s. 179(b) of Canada’s Immigration and Refugee Protection Regulations, which states that: Issuance…

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COVID-19 and Canadian Immigration

23rd Apr 2020 Comments Off on COVID-19 and Canadian Immigration

Last updated on June 10th, 2020 In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. These include: Prohibiting Symptomatic Individuals from Entering Canada Restricting who can Travel to Canada from the United States of America Restricting who can Travel to Canada Internationally Masks During Travel and…

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Last updated on May 17th, 2021 Episode 1 – Deanna Okun-Nachoff, Peter Edelmann, Steven Meurrens on Canada’s Immigration System In this introductory episode Peter Edelmman, Deanna Okun-Nachoff, and Steven Meurrens discuss recent developments in Canadian immigration law, as well as some recent news items and a specific case.   Episode 2- Refugee Resettlement and Charter Vetting Legislation, with Jennifer Bond…

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Inadmissible for Crimes Against Humanity

5th Feb 2011 Comments Off on Inadmissible for Crimes Against Humanity

Last updated on July 22nd, 2021 Section 35 of the Immigration and Refugee Protection Act (the “IRPA“) provides that: Human or international rights violations 35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to…

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A37 – Inadmissibility for Organized Crime

15th Jun 2015 Comments Off on A37 – Inadmissibility for Organized Crime

Last updated on June 1st, 2021 Section 37 of the Immigration and Refugee Protection Act (the “IRPA“) provides that a permanent resident or foreign national is inadmissible to Canada for organized criminality. It states: 37. (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for (a) being a member of an organization that is…

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Procedural Fairness Where Credibility is an Issue

8th Mar 2013 Comments Off on Procedural Fairness Where Credibility is an Issue

Last updated on April 27th, 2020 In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the…

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Responsibility for Missed E-mail Communication

5th Feb 2011 Comments Off on Responsibility for Missed E-mail Communication

Last updated on April 16th, 2021 It is a scenario that anyone who e-mails experiences all to often. You send an e-mail, and then a couple seconds later receive a DNS message informing you that the e-mail was never delivered. Most of the time these e-mails are rather inconsequential. However, what if the e-mail is correspondence between a visa applicant…

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