The Federal Court of Canada can provide interlocutory stays, including staying removal. There is a three-stage test to be applied when considering an application for an interlocutory injunction. A court must determine that there is a serious issue or question to be tried, that the applicant would suffer irreparable harm if the injunction were to be refused, and that the balance of convenience (assessed by examining which of the parties will suffer the greater harm from granting or refusing the injunction) rests with the applicant. As well, it is important to note […]
Read more ›On June 5, 2015, the appellants in Elham Fathy Elsayed Ismail et al v. Minister of Citizenship and Immigration, A-203-15, discontinued their appeal of the Federal Court’s decision in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“). This is unfortunate because the question that Justice de Montigny certified needs to be answered. That question was: For the purposes of determining its jurisdiction to hear an appeal pursuant to subsection 63(2) of the IRPA, shall the validity of the permanent resident visa be assessed by the IAD at the time of arrival in […]
Read more ›The Federal-Provincial Fiscal Arrangements Act (the “FPFAA“) establishes the Canada Social Transfer, a federal block transfer to provinces and territories to support post-secondary education, social assistance, social services, early childhood development, and early learning. In 2014-15 the total Canada Social Transfer transferred to all provinces and territories will be almost $12.6 billion. The FPFAA stipulates that one of the objectives of the Canada Social Transfer is to maintain a national standard in which no period of minimum residency is required or allowed for an individual to receive social assistance, and the current […]
Read more ›Many lawyers when they meet with clients often find themselves reviewing rejected applications and/or hearings where it is obvious that an individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to not understanding the law. Some specific scenarios that clients have told me about include: former counsel being told by an Immigration Appeal Division member to “sit down” because they were incompetent; an immigration consultant not knowing the difference between a “conviction” and a “dismissal”; an immigration consultant that the “Prevailing Wage = the wage paid to […]
Read more ›[The following is a slightly edited (to include links) version of an article that I wrote for The Canadian Immigrant.] In February 2011, Canada and the United States agreed to the Beyond the Border: A Shared Vision for Perimeter Security and Economic Competiveness. More commonly known as the Beyond the Border Action Plan, the effect of the agreement was to strengthen co-operation and, in some cases, harmonize Canadian and American immigration practices. The Government of Canada has begun enthusiastically implementing the terms of the Beyond the Border Action Plan, and will […]
Read more ›Sharifi v. Canada (Citizenship and Immigration), 2013 FC 453 This was a FSWP case involving an officer who refused a marine engineer’s application because the officer did not think that the applicant had demonstrated that he performed the main duties of NOC 7132. In overturning the decision, the Federal Court judge (who prior to becoming a judge was a marine lawyer) stated that the officer did not demonstrate the expertise required of a visa officer. The following two paragraphs are the most interesting part of the decision: Furthermore, decision-makers are entitled […]
Read more ›In Tabingo c. Canada (Citizenship and Immigration), 2013 FC 377, the Federal Court (the “Court“) certified three questions when it dismissed the class action lawsuit launched by people whose permanent residence applications were terminated by Bill C-38, the Jobs Growth and Long-term Prosperity Act (“Bill C-38“). Bill C-38 introduced a new s. 87.4(1) (“Section 87.4(1)“)to the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA“) ,which terminated Federal Skilled Worker Class applications made before February 27, 2008 unless an officer had made a selection decision before March 29, 2012. Section 87.4(1) reads: […]
Read more ›The Federal Court has certified what might be the most important (and least discussed) issue in Canadian immigration law. In Qin v. Canada, the Court asked: What standard of review is applicable to a visa officer’s interpretation of the Immigration and Refugee Protection Regulations, SOR/2002-227 and to the officer’s assessment of an application under the Immigration and Refugee Protection Regulations, SOR/2002-227? The answer to this question will have profound implications regarding the certainty applicants can have when they submit applications, and when counsel provide immigration advice. If the answer is the correctness standard, then a […]
Read more ›Generally, if an applicant in Canada whose request to the Canada Border Services Agency to defer removal is unsuccessful, and the individual then wants to obtain a judicial stay of removal, the appropriate forum is the Federal Court of Canada. In Anthonipillai v. Minister of Public Safety and Emergency Preparedness, 2013 ONSC 1231, the appellant unsuccessfully sought a stay of removal in Federal Court. He then took the rather novel approaching of trying again in Ontario Superior Court (the “ONSJ“). In dismissing the application, the ONSJ noted that the Supreme Court […]
Read more ›In 2011, 1,108 people were declared inadmissible to Canada when they arrived at the Vancouver International Airport. The following chart obtained through an Access to Information and Privacy Act request shows these individuals’ source countries. The top 10 countries were: Citizenship 2011 United States 247 South Korea 137 Hungary 83 China 72 Taiwan 49 British 40 Australia 35 Iran 30 Hong Kong 26 India 26 Japan 26 Germany 20 Mexico 19
Read more ›Social Media
DISCLAIMER
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
Categories
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration Consultants
- Immigration Trends
- Inadmissibility
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Podcasts
- Provincial Nominee Programs
- Refugees
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits