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 ›Many people entering Canada find themselves at customs being constantly referred to secondary examination. There, they are often told by the Canada Border Services Agency (“CBSA“) that their referral to secondary examination was the mandatory result of an enforcement flag being on their file. Referral to secondary examination is time consuming. Unnecessary referrals are a burden on both travellers and CBSA. Because of this, CBSA was traditionally quite facilitative when it came to individuals requesting that an enforcement flag on their file be removed. As a supervisor from the CBSA explained […]
Read more ›The Supreme Court of Canada in 2012 clarified the law regarding what constitutes dangerous driving under the Criminal Code. The decision, R v. Roy, has implications for people who may be inadmissible to Canada for criminality. Indeed, in Jolly v. Canada (Citizenship and Immigration), the Federal Court of Canada affirmed that it will be a reviewable error if visa officers do not assess criminal equivalency for dangerous driving based on the mens rea standard articulated in Roy. Section 249 of the Criminal Code provides that: 249. (1) Every one commits an offence who operates (a) a motor vehicle […]
Read more ›On October 12, 2011, I wrote about how the Federal Court in Osisanwo had certified the following question: Is a foreign national inadmissible for misrepresenting a material fact if at the time of filing his/her application for permanent residence or at the time of granting permanent residence he/she had no knowledge of the material fact that constituted such misrepresentation? Ultimately, the Respondent in Osisanwo did not litigate to the Federal Court of Appeal. However, on April 13, 2012, the Federal Court issued several judgements in misrepresentation cases that establish a clear rule regarding whether […]
Read more ›Over the last several years, the Supreme Court of Canada has released numerous administrative law decisions where it found that the reasonableness standard of review should replace other standards. On March 22nd 2012, in Dore v. Burraeu du Quebec, 2012 SCC 12, the Court extended this trend to proclaiming that the reasonableness standard should replace the Oakes test when determining whether an administrative tribunal’s action which limited a right under Canada’s Charter of Rights and Freedoms could nonetheless withstand s. 1 analysis. Section 1 analysis refers to the judicial process of determining […]
Read more ›Does the Immigration and Refugee Board (“IRB”) violate the provisions of section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”) if it declines to postpone a hearing based on risk to life where there is a pending humanitarian and compassionate application also based on risk to life? The above question was certified by the Federal Court in Laidlow v. Canada, 2012 FC 144, released today. The Federal Court of Appeal will soon answer the question. The facts in Laidlow giving rise to the question were essentially that an […]
Read more ›I was recently asked where one can learn how to request that an “enforcement flag” against them be removed so that an individual does not have to go to a secondary examination every time they enter Canada. This is actually a question that comes up rather frequently, so for all those who are interested, here is the relevant section from the Immigration, Refugees and Citizenship Canada Manual: There are other ways to remove enforcement flags where the procedure outlined above is not working.
Read more ›The following is a table that shows the Immigration Appeal Division inventory as of September 30, 2011. As of that date, there were 11,828 cases pending. In Western Canada, a disproportionate majority involved sponsorship appeals. I like to think that Peter Larlee and Vivian Yuen, lawyers with our firm, represented individuals on a disproportionately high number of those appeals. Type of Appeal East Central West Total # % # % # % Removal Order 1,351 43 2,163 34 570 24 4,084 Sponsorship 1,446 46 3,453 55 1,500 64 6,399 Residency Appeal 336 11 713 […]
Read more ›Individuals who have been ordered released from detention by the Immigration and Refugee Board should not always assume that the matter is finished. The Department of Justice, at the request of its government client, can seek to overturn that decision. They can also seek a stay of the release from detention pending the resolution of the underlying application to overturn the release order. The test for a stay of release from detention is the same tripartite test found in all stay applications. In order to obtain a stay of release, the […]
Read more ›It is important that applications be as thorough as possible in their applications. The Federal Court has consistently said that the onus is on visa applicants have one shot to put their best foot forward. In Owusu v Canada (Minister of Citizenship and Immigration), the Federal Court of Appeal put the principle differently, but in a way that is just as clear. It stated that applicants have the onus of establishing the facts on which their claim rests, and that they omit pertinent information from their written submissions at their peril. […]
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
- Uncategorized
- Work Permits