There is no excerpt because this is a protected post.
Borderlines Podcast #38 – R v. Zora – The Supreme Court of Canada Addresses Breach of Bail Conditions, with Sarah Runyon
R v. Zora is a 2020 Supreme Court of Canada decision involving the criminal offence of breaching bail conditions. It is relevant in the Canadian immigration context as individuals who are convicted of this crime in Canada, or who are convicted of or commit an equivalent offence abroad, are inadmissible to the country. Steven and Deanna are joined by Sarah Runyon, who was counsel for Mr. Zora at the Supreme Court. We discuss how bail works in Canada, the offence of breach of bail conditions, and the implications of the Supreme Court decision.
Borderlines Podcast #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, with Andrew Hayes
Andrew, Deanna and Steven discuss the closure of the Canada – US border during COVID-19 and how the agreement has been implemented in the two policies, recent Executive Orders regarding immigration, and the United States Supreme Court decision in Department of Homeland Security et al v. Regents of the University of California et al. Andrew Hayes is a US immigration lawyer who practices in Vancouver. His website is www.usborderlaw.com 2:00 -The closure of the Canada – US border 25:00 – Recent Executive Orders pertaining to immigration in the United States 45:00 – The DACA decision
Borderlines Podcast #36 – The Canadian Immigration Consequences of COVID19
Deanna Okun-Nachoff and Steven Meurrens discuss how COVID19 has caused havoc to Canada’s immigration system, including border closures, operational slowdowns and the suspension of litigation proceedings.
Borderlines Podcast Episode 35 – The Implications of the Supreme Court of Canada Decision in Vavilov
Vavilov v. Canada (Citizenship and Immigration) is a 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law.
Section 7 of the Charter and Canadian Immigration Law
Section 7 of the Canadian Charter of Rights and Freedoms (the “Charter“) provides that: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. There have been several Supreme Court of Canada (the “Supreme Court“) and Federal Court of Appeal decisions involving s. 7 of the Charter and Canadian immigration law.
COVID-19 and Students
As the summer nears to an end, students will be preparing for the start of the school year. They will be double checking that they have the most recent version of Zoom on their computers, and possibly upgrading their home internet. COVID-19 has impacted everyone, and international students have especially been left wondering what their academic future in Canada holds. Immigration, Refugees and Citizenship Canada has in response to COVID-19 implemented several public policies that international students should know. Most of them can be found on the IRCC website here: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors-foreign-workers-students.html; and here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/study-permit.html Prospective and current international students should check the above webpagse daily. The date that they were last modified can be found at the bottom. Unfortunately, IRCC updates its COVID-19 policies through stealth editing, so it may be advisable to save the webpage to PDF to track changes. Here are some of the key measures. Restrictions on Travelling to Canada As of July 15, 2020 international students who have a valid study permit, or were approved for a study permit on or before March 18, 2020, can travel to Canada for a non-discretionary purpose. In determining whether a student’s travel to Canada is non-discretionary, the Canada Border … Read More
Vacating Refugee Status
Section 109 of the Immigration and Refugee Protection Act provides that the Refugee Protection Division (the “RPD“) may vacate a decision to allow a claim for refugee protection if it determines that the decision was obtained through misrepresentation. Specifically, it states: Vacation of refugee protection 109 (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter. Rejection of application (2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection. Allowance of application (3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified. The approach to an application to vacate a decision granting refugee status involves two steps: First, the RPD must find that the decision granting refugee protection was obtained as a result of a direct or indirect misrepresentation, or a withholding of material facts relating to a … Read More
Environmental Overview – Abu Dhabi
The following is a summary of the Environmental Overview of the immigration functions at the Canadian Embassy in Abu Dhabi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2015-2016 planning exercise, and is current as of March 2015. Environment The Canadian High Embassy in Abu Dhabi (“CIC Abu Dhabi”) provides visa services to residents of Yemen and the six Gulf Cooperation Council (“GCC”) countries: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Due to continued unrest in Yemen, this office has not been able to conduct an area trip there since spring of 2010. We are unable to predict when we will be able to resume travel. This has created a large inventory of cases in Yemen, primarily refugees. Serving temporary resident applications from Yemen presents a challenge in itself. Yemeni citizens cannot easily travel outside the country, and they must provide biometrics. Getting documents in and out is also difficult because some couriers have suspended their services in Yemen. Area trips to Saudi Arabia are subject to all restrictions applicable to that country, such as that women must have their heads covered and must be accompanied by a man in all public places. Quality Assurance CIC Abu Dhabi shares … Read More
The Other Side of COVID-19
Canada is currently in the middle of the COVID-19 pandemic. Its borders are closed to discretionary travel. Immigration, Refugees and Citizenship Canada has suspended the processing of most temporary residence applications. The Canada Border Services Agency has put a pause on removing people from Canada. Civil servants are largely working from home. The Royal Bank of Canada is forecasting that 170,000 fewer people will become immigrants than what was planned pre-COVID-19. At the same time, many provinces have begun reopening their economies. The Orders in Council closing the Canada – US border and Canada’s airports to international travel are supposed to expire on June 21 and June 30 respectively, although they may be extended. The question that many are asking is what comes next for Canada’s immigration system. Backlogs While the processing of most temporary residence applications has been suspended during COVID-19 the ability of foreign nationals to submit them has continued. The implication is obvious. When COVID-19 ends there will be a massive backlog of applications. Significant processing delays should be expected. The systemic delays will not be limited to the ability of visa officers to process applications. The collection of biometrics at Service Canada and most Visa Application … Read More