Program for Out of Status Construction Workers

13th Jan 2022 Comments Off on Program for Out of Status Construction Workers

The following are several Memorandums to the Minister about the immigration program for out of status construction workers.

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Divorce of Convenience

7th Jan 2022 Comments Off on Divorce of Convenience

Regulation 4.1 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (the “IRPR“) provides that:

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

This section is often referred to as prohibiting “divorces of convenience.”

Jurisprudence

In Fang v. Canada (Citizenship and Immigration), 2020 FC 851, Madam Justice Walker explained that regulation 4.1 of the IRPR “prevents a couple from appearing to dissolve an existing relationship to permit one spouse to obtain immigration status in Canada, for example through a non-genuine relationship with a Canadian citizen [or permanent resident], only to subsequently resurrect the initial relationship.”

Madam Justice Walker also stated that section 4.1 is premised on three conjunctive elements to determine whether someone is caught by the provision.  Justice Southcott succintly summarized the test as follows in Zhang v. Canada (Citizenship and Immigration), 2021 FC 744:

  1. the immigration applicant and the Canadian sponsor had a previous marriage;
  2. the previous marriage was dissolved primarily so that the immigration applicant, the Canadian sponsor, or another foreign national could acquire immigration status or privilege in Canada; and
  3. the immigration applicant and the Canadian sponsor subsequently began a new conjugal relationship.

In Clarke v. Canada (Citizenship and Immigration), 2022 FC 12,

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Permanent Residents Module

20th Dec 2021 Comments Off on Permanent Residents Module

The following PDF is the Instructor’s Guide and Participant’s Guide for processing permanent residence applications.

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Borderlines Podcast #64 – Artificial Intelligence Deciding Visa Applications, Part 2, with Aditya Mohan

11th Dec 2021 Comments Off on Borderlines Podcast #64 – Artificial Intelligence Deciding Visa Applications, Part 2, with Aditya Mohan

Aditya Mohan is the founder of Robometrics, a company at the forefront of the intersection of artificial intelligence and human emotions like empahty.

We discuss the increasing use of artificial intelligence in Canadian immigration legislation, its benefits, and ways to increase transparency and oversight.

 

Borderlines · #64 – Artificial Intelligence Deciding Visa Applications, Part 2, with Aditya Mohan

3:00 – What is artificial intelligence?

8:00 – What are deep learning systems?

14:00 – How does the use of artificial intelligence intersect with the rule of law?

21:00 – How do machines learn?

24:00 – Benefits of machine learning and immigration.

27:00 – Ways to improve transparency.

41:00 – Artificial intelligence providing reasons for refusals.

 » Read more about: Borderlines Podcast #64 – Artificial Intelligence Deciding Visa Applications, Part 2, with Aditya Mohan  »

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Borderlines Podcast #63 – Artificial Intelligence Deciding Visa Applications, with Mario Bellissimo

11th Dec 2021 Comments Off on Borderlines Podcast #63 – Artificial Intelligence Deciding Visa Applications, with Mario Bellissimo

A discussion about the increasing use of artificial intelligence to decide immigration applications.

Mario Bellissimo is a Canadian immigration lawyer in Toronto, and the former past Chair of the Canadian Bar Association’s National Immigration Law Section.

 

Borderlines · #63 – Artificial Intelligence Deciding Visa Applications, with Mario Bellissimo

4:00 How imprecise wording in the forms can result in misrepresentation findings where immigration becomes a game of gotcha.

10:30 How the laws of procedural fairness and discretion will need to be re-written as a result of the implementation of artificial intelligence and predicative learning in immigration systems.

13:30 How using AI to triage applications is itself a form of automated decision making and why is there a lack of transparency about this?

19:25 The history of the introduction of AI at IRCC.

28:20 What is Chinook and ?

36:00 How processing delays can lead to applications being denied simply because they are moot.

39:00 How does one learn what AI is being used or whether a decision was made by AI?

44:45 If AI flags a file as being problematic does that create a proxy decision wherein a visa officer will want to affirm the AI.

55:00 Is it possible that AI will lead to a better immigration system as the AI will be able to thoroughly scan applications that humans have to skim given the limited number of decision makers and the large number of applications.

1:03 AI as counsel

1:13 The future. When AI analyzes the social media of a representative when assessing their client’s application.

 » Read more about: Borderlines Podcast #63 – Artificial Intelligence Deciding Visa Applications, with Mario Bellissimo  »

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Borderlines Podcast #62 – Tips from a Former CBSA Inland Enforcement Officer, with Carl Brault

11th Dec 2021 Comments Off on Borderlines Podcast #62 – Tips from a Former CBSA Inland Enforcement Officer, with Carl Brault

Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer.

He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com.

Borderlines · #62 – Tips from a Former CBSA Inland Enforcement Officer, with Carl Brault

3:00 Working as a summer student as a Border Services Officer.

6:30 September 11, 2011

9:50 What kind of training does a CBSA officer receive before they start working at the border?

18:10 Working as a CBSA Intelligence Analyst

21:30 Working as an Inland Enforcement Officer

25:00 Is CBSA understaffed or overstaffed?

28:30 Level of autonomy officers have in deferral requests.

38:30 What should lawyers or individuals do when making deferral of removal requests?

42:30 The ability of CBSA to make positive decisions by not acting.

48:30 What is the difference in culture across different offices?

51:15 What are examples of where counsel harms their clients cause at CBSA?

54:00 Do CBSA officers care about how lawyers are dressed?

56:30 Has the attitude towards removals at CBSA regarding removals gotten more rigid?

1:05:00 Do CBSA officers want more discretion when it comes to removals  » Read more about: Borderlines Podcast #62 – Tips from a Former CBSA Inland Enforcement Officer, with Carl Brault  »

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Borderlines Podcast #61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon

11th Dec 2021 Comments Off on Borderlines Podcast #61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon

Sarah Runyon is a criminal defense lawyer on Vancouver Island.

Borderlines · #61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon

3:00 What is sexual assault?

5:30 Is all sex between an employer and employee deemed to be non consensual?

6:00 Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault?

7:30 If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault?

15:00 Evidentiary issues.

16:30 Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the case of sexual assault?

21:00 Does the maxim “it is better that five guilty people go free than one innocent person go to jail.” Is the legal system moving away from this in sexual assault?

27:00 Is a restorative justice approach better than the current criminal justice system?

28:45 Can sexual assault be verbal?

33:00 Is revenge porn sexual assault?

34:00 Is there a statutory limitation on sexual assault?

35:00 Is being drunk a defense to sexual assault?

44:00 If someone is drunk are they capable of consent?

48:30 How does one determine whether the complainant was intoxicated?

51:00 How does one show an honest but reasonable belief as to consent?

1:03 How does the “beyond a reasonable doubt” onus work in sexual assault cases that are “he-said she said”.

1:10 Trial by jury or judge.  » Read more about: Borderlines Podcast #61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon  »

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Borderlines Podcast #59 – Authorization to Work Without a Work Permit, with Cristina Guida

11th Dec 2021 Comments Off on Borderlines Podcast #59 – Authorization to Work Without a Work Permit, with Cristina Guida

Cristina Guida is a senior associate lawyer with Green and Spiegel LLP in Toronto.

Borderlines · #59 – Authorization to Work Without a Work Permit, with Cristina Guida

We discuss authorization to work in Canada without a work permit, including business visitors, students, perfroming artists, maintained status, the global skills strategy and other categories. We also discuss what Canada’s immigration department continues to be “work.”

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Borderlines Podcast #60 – Where Canada’s Political Parties Stand on Immigration in 2021, with Chantal Desloges

11th Dec 2021 Comments Off on Borderlines Podcast #60 – Where Canada’s Political Parties Stand on Immigration in 2021, with Chantal Desloges

A discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People’s Party of Canada.

Chantal Desloges is the Founder and Senior Partner of Desloges Law Group.

 

Borderlines · #60 – Where Canada's Political Parties Stand on Immigration in 2021, with Chantal Desloges  » Read more about: Borderlines Podcast #60 – Where Canada’s Political Parties Stand on Immigration in 2021, with Chantal Desloges  »

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Borderlines Podcast #58 – Myths About Canadian Immigration Law, with Marina Sedai

11th Dec 2021 Comments Off on Borderlines Podcast #58 – Myths About Canadian Immigration Law, with Marina Sedai

Marina Sedai is an immigration lawyer and the past National Chair of the Canadian Bar Association Immigration Section, a role that she served in from 2018 – 2019, and is also a past provincial char of the CBABC Immigration Law Section.

 

Borderlines · #58 – Myths About Canadian Immigration Law, with Marina Sedai

We discuss various myths about Canadian immigration law, including:

  • Refugees get more financial help than pensioners.
  • Foreign nationals immigrate and then bring their whole extended family over.
  • If including your spouse or common-law partner on your permanent resident application is inconvenient or unhelpful to your immigration process then you can exclude them and later sponsor them.
  • Volunteering isn’t work.
  • If my kid is born in Canada then my H&C application is guaranteed to succeed.

 » Read more about: Borderlines Podcast #58 – Myths About Canadian Immigration Law, with Marina Sedai  »

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