Being a member of certain organizations can result in a person being inadmissible to Canada. In going through internal CIC documents I obtained through an Access to Information and Privacy Act request, I came across a list prepared by the Canadian Embassy in Paris. It lists every court case (to 2006) involving people who were declared inadmissible to Canada for membership in an organization. Although the list is obviously dated, individuals who were members in any of the groups which appear below should contact a representative before submitting applications or making refugee claims. Country (Organization) Case Name Judgment Type of Organization Afghanistan (Air Force) Khan 1F(a) Exclusion Non-Brutal Afghanistan (Police) Mohammad 1F(a) Exclusion Non-Brutal Afghanistan (PDPA) OFUQ 1F(a) Exclusion Non-Brutal Afghanistan (Secret Police -Khad) Raduli 1F(a) Exclusion Brutal Afghanistan (Secret Police -Khad) Zadeh 1F(a) Exclusion Brutal Afghanistan (Secret Police -Khad) Moshen Insufficent Evidence for 1F(a) Brutal Afghanistan (Secret Police -Khad) Hamidi 35(1)(a) overturned Brutal Albania (Secret Police – Shik) Lalaj 1F(a) Exclusion Algeria (Police) Kiared 1F(a) Exclusion Non-Brutal Algeria (Police) Allel 1F(a) Exclusion Non-Brutal Algeria (FIS) Chougui 1F(a) Exclusion Non-Brutal Algeria (GIA) Ikhlef Security Certificate Upheld Terrorist Angola (MPLA) Goncalves Insufficent Evidence for 1F(a) Non-Brutal Angola (ANP) Januario 1F(a) Exclusion Non-Brutal Angola … Read More
Proposed Regulations Add Teeth to the CIC/Service Canada Employer Blacklist
On June 7, 2013, the Government of Canada introduced regulatory changes which will take soon effect at a date to be determined (the “New Regulations”). The New Regulations will impact all employers of foreign nationals in Canada. Specifically, the New Regulations will impose new conditions on employers and increase the government’s ability to ensure compliance with those conditions. Previous Announcements The New Regulations follow a previous Government of Canada announcement on April 29, 2013, in which it announced the following changes to the Temporary Foreign Worker Program, which will also soon take effect at a date to be determined: The Government of Canada will begin working with employers to ensure that temporary foreign workers are relied upon only when Canadians genuinely cannot fill those jobs; Increasing the recruitment efforts that employers must make to hire Canadians before they will be eligible to apply for temporary foreign workers, including increasing the time span and reach of advertising; Helping employers who legitimately rely on temporary foreign workers, due to a lack of qualified Canadian applicants, find ways to ensure that they have a plan to transition to a Canadian workforce over time; Restricting the identification of non-official languages as job requirements when … Read More
Enforcing Removal Orders and Authorization to Return to Canada: Scenarios, Questions, and Answers
One of the more common questions that I am asked is when people who have been told by the Government of Canada to leave Canada need to submit an Application for Authorization to Return to Canada (“ARC”) before they return. I have obtained a copy of internal Citizenship and Immigration Canada material which addresses some of these questions, and which I have adapted and produced below. Please note that the material below has been adapted from a document dated 2009-10. It is from an official work by the Government of Canada which was obtained through Access to Information and Privacy Act Request. I have reviewed it and believe that it is correct and current. However, the scenarios below should only be used for informational purposes. It is NOT legal advice. As well, the reproduction of the training materials has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Scenario 1 Tiger Johnson, a citizen of the USA,was issued a Departure Order on August 4, 2008. When he left Canada, he did not confirm his departure with the Canada Border Services Agency (“CBSA”). In 2012, he shows up at the Canadian … Read More
Operational Bulletin 315 (Internal) – Cancellation of Visas in Crisis Situations
Not all Citizenship and Immigration Canada Operational Bulletins are public. Our firm has a small collection of internal bulletins. I have published one below which provided guidance to officers on how to cancel visas. The bulletin appears to have been motivated by the Arab Spring.
Forget China, the Future of Immigration to Canada Appears to be the Philippines
When I tell people that I specialize in immigration law many people automatically assume that all of my clients must be Chinese. This is because during the latter quarter of the twentieth century, and for most of the first decade of the twenty-first, China (including Hong Kong and Taiwan) was the number one source country of immigrants to Canada. However, as I first noted two years ago, this is changing. The Philippines has emerged as the dominant source country for immigrants to Canada. I have witnessed this in my practice, and my anecdotal observations have been confirmed by recent Citizenship and Immigration Canada data. The trend is clear: the future of immigration to Canada belongs to the Philippines. History The Filipino community does not have as long a tradition in Canada as does the Chinese and Indian populations. Indeed, the first Filipino immigrants did not arrive in Canada until 1945. Between 1946 and 1964, only 100 Filipinos immigrated to Canada. However, in 1981, Canada introduced its first foreign domestic-worker program. These caregivers could eventually apply for permanent residency and citizenship. In 1992, this program was renamed the Live-In Caregiver Program. Since its inception, the Live-in Caregiver Program has been predominantly … Read More
CIC Coin Toss Decision Provides Useful Precedent for Aspiring Contract Drafters
On March 7, 2013, the National Post reported that Citizenship and Immigration Canada decided “two identical bids” for a government contract by coin toss. I was quite surprised when I read this, and have since obtained a copy of the contract which was used to create a legally enforceable coin toss. When I was in law school friends jokingly asked me if I would create contracts for hiking agreements and calling “shotgun!” No one ever asked me to draft a coin toss contract, but it is useful to know that there is a precedent if I am ever asked to do so. Please note that the document below was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available. I have also obtained copies of the coin toss contracts which show the names of individuals and companies involved with the coin toss, but have decided not to publish them. The reproduction of this document has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.
ATIP Results for CAPIC Presentation
I will be presenting in Vancouver tonight at the Canadian Association of Professional Immigration Consultants annual general meeting on the recently changed Federal Skilled Worker Class and the Canadian Experience Class. This follows up on a presentation I made on the same topic at the Canadian Bar Association annual immigration conference in Montreal. As part of my presentation, I have made available the following ATIP result publicly available. This ATIP contains training manuals and internal procedures used at Citizenship and Immigration Canada’s Centralized Intake Office in Sydney, Nova Scotia. It can be viewed by clicking the link below. ATIP CIO TRAINING MANUALS – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/compressed.PDF I have also reposted the following copies of ATIP results which I made available for the Canadian Bar Association conference in Montreal. ATIP 1 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP1.PDF Contains: An e-mail discussion on substituted evaluation; Several e-mail discussions regarding issues with the PhD program; Processing delays with the CEC; Issues with the 2D barcode and GCMS; Addressing problems with Indian Birth Certificates; and more. ATIP 2 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP2.PDF Contains: An e-mail discussion on working overtime to process capped applications; Clarifying the use of Academic IELTS; E-mails on processing reconsideration requests; and Several OBs (most already public, and some not). ATIP 3 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP3.PDF Contains: GCMS … Read More
Changes to the Foreign Worker Program, Parent Sponsorship Program, and the Age of Dependency
On April 29, 2013, the Government of Canada announced that numerous changes were being made to the Temporary Foreign Worker Program, particularly the Labour Market Opinion (“LMO“) program. While most of the changes will be phased in, some of them, including the suspension of the Accelerated Labour Market Opinion (“ALMO“) program, took effect immediately. Just over one week later, on May 10, 2013, Citizenship and Immigration Canada (“CIC“) announced that the Parent and Grandparent Sponsorship Program (the “P&G Sponsorship Program“) would reopen in 2014 and accept 5,000 applications in its first year. Several changes have been made to the program. Finally, CIC also announced that it would soon reduce the age of dependency for all immigration programs from 22 to 18. In other words, only children under the age of 19 will be able to accompany their parents when they immigrate to Canada. Changes to the Temporary Foreign Worker Program There are numerous, significant changes being made to the Temporary Foreign Worker Program. All of the changes appear aimed at making LMOs more difficult to obtain. Effective April 29, 2013, the ALMO has been temporarily suspended pending review. Effective April 29, 2013, Human Resources and Skills Development Canada (“Service … Read More
ATIP Results for CBA Presentation
I will be presenting in Montreal tomorrow at the Canadian Bar Association National Immigration Law Section’s annual law conference on the recently changed Federal Skilled Worker Class and the Canadian Experience Class. As part of my presentation, I have made the following copies of ATIP results below publicly available for download: ATIP 1 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP1.PDF Contains: An e-mail discussion on substituted evaluation; Several e-mail discussions regarding issues with the PhD program; Processing delays with the CEC; Issues with the 2D barcode and GCMS; Addressing problems with Indian Birth Certificates; and more. ATIP 2 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP2.PDF Contains: An e-mail discussion on working overtime to process capped applications; Clarifying the use of Academic IELTS; E-mails on processing reconsideration requests; and Several OBs (most already public, and some not). ATIP 3 – https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP3.PDF Contains: GCMS Shortcuts and Tips; Case Studies on Removal Orders and ARC; Cheat Sheet on Calculating the Start of the 5 Year Period for Rehab; Training guides for misrepresentation; Assessing medical specializations and professional degrees; Assessing Skilled Workers (Islamabad Caseload); Exercises on assessing Ministerial Instructions; Federal Skilled Worker Cheat Sheet; C-50 Summary; Australian Police Certificates; Criminality in the UK, equivalency sheets, and a whole lotta rehab stuff; War Crimes (including a chart of … Read More
Court Cases Discuss on Misrepresentation from China [Updated]
We have recently noted an increased trend involving cases of misrepresentation allegations out of mainland China. The success of litigants appealing these cases is extremely unpredictable. In this post I have summarized two cases with very similar facts, and opposite results. He v. Canada (Citizenship and Immigration), 2012 FC 33, provides a good example of how a finding of misrepresentation can occur, as well as how the Anti-Fraud Unit works to verify employment. The facts of the case were: H was a citizen of China who had been nominated by the province of New Brunswick to immigrate to Canada. On March 8, 2010, H submitted an application to immigrate to Canada as a member of the Provincial Nominee Class. In the application, H stated that she had worked as a sale manager at the Building Company. The immigration officer assessing her application asked the Anti-Fraud Unit to verify her employment. Officer R of the Anti-Fraud Unit called the Building Company. He spoke to Huang, an individual at the Building Company responsible for maintaining the company’s list of employees. Huang stated that he had never heard of H. Officer R then spoke to the president of Building Company, Boss Deng. Boss … Read More
