Category Archive

Clients often ask me why federal court actions are limited to judicial reviews.  They want to know why it is that they can introduce new evidence and call witnesses at the Immigration Appeal Division, an administrative tribunal, but not in court. There are numerous reasons why federal court actions are limited to judicial review. The first is because immigration decisions take place in the context of administrative law.  Because the court is simply reviewing the reasonableness of an administrative tribunal’s decision (be it a visa officer or the Immigration Appeal Division), it is not necessary to hear fresh evidence.  The second is to facilitate access to justice and avoid unnecessary cost and delay.  The third is that many people who would be called as witnesses in a normal action are not eligible to enter Canada.  Finally, applicants are always able to re-apply. Converting to an Action Although federal court actions for immigration decisions generally occur in the context of judicial review, s. 18.4(2) of the Federal Court Act provides that the court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action. Section 18.4(2) is a response to concerns … Read More

People in possession of permanent resident visas who have not yet become permanent residents must inform Citizenship and Immigration Canada (“CIC”) if they have either become married, entered into a common-law relationship, gotten divorced, or ended a common-law relationship.  They must also advise CIC if a material fact relevant to the issuance of the visa has changed since the visa was issued. Although I always tell the above to clients, I often get the sense that it is treated like a throwaway statement.  The recent Federal Court decision of Mai v. Canada (Public Safety and Emergency Preparedness), 2011 FC 101, however, is a reminder of just how important updating CIC is. Mr. Mai (“M”) was born in Vietnam in 1982.  He father, a Canadian, sponsored him to immigrate to Canada in 2003.  At the time, M was single.  He obtained his visa and arrived in Canada in 2005. In the summer of 2004, however, he married his pregnant girlfriend.  Their child was born that fall.  M did not report either his marriage or the birth of his child to CIC during the processing of his application, nor upon the receipt of his permanent resident visa, nor upon his arrival to … Read More