Category Archive

In addition to automated triaging Immigration, Refugees and Citizenship Canada (“IRCC”) has also introduced software so that officers can bulk process applications.  The software tool is known as Chinook. According to an affidavit that IRCC filed in Federal Court, Chinook is a standalone tool that streamlines administrative steps.  Applicant information is extracted from their applications and presented in a spreadsheet. Visa officers are assigned a workload of applications through Chinook. They are able to see multiple applications at a time on a single spreadsheet.  This allows them to review the contents of multiple applications on a single screen, and allows them to complete administrative steps through batch processes.  It also allows visa officers to create “risk indicators” and “local word flags” so that officers can identify possible applications in the processing queue of concern or priority. According to the Federal Court affidavit, when visa officers enter Chinook a message pops up which says, amongst other things, “The Chinook User Interface allows you to view multiple applications for review and initial assessment. It does not replace reviewing documents.. and/or reviewing other information… The refusal notes generator is meant to assist with general bona fide refusals. If the notes do not reflect … Read More

The following are sample asylum claims involving Japanese nationals in Canada. As some of these cases were successful, and others were not, due to varying levels of documentation presented, I am posting it so that people are aware of where in the National Documentation Package objective evidence can be found.

The Canadian Experience Class (CEC) is a popular immigration program designed for skilled workers with Canadian work experience who wish to become permanent residents Regulation 87.1(3)(b) of the Immigration and Refugee Protection Regulations provides that any period of self-employment shall not be included in calculating Canadian work experience under the CEC. The Immigration Refugee and Citizenship Canada (“IRCC“) guidelines provide the following guidance to officers in assessing whether someone is self-employed: Determining an applicant’s employment status Applicants under the CEC must satisfy an IRCC officer that they meet all program requirements as per section R87.1. Any period of self-employment shall not be included in calculating the period of qualifying work experience under the CEC [R87.1(3)(b)]. As such, the CEC requires that applicants demonstrate they acquired skilled work experience in Canada through authorized employment by a third party. Principal applicants are requested to provide documentary evidence of their work experience in Canada through a combination of: a copy of their most recent work permit (unless they are work-permit exempt), copies of their most recent T4 tax information slips and Notice of Assessment (NOA) issued by the Canada Revenue Agency (CRA) or a sufficient combination of other supporting documentation, and employer letters of reference … Read More

The Immigration, Refugees and Citizenship Canada Guidelines state: Students are required to demonstrate financial sufficiency for only the first year of studies, regardless of the duration of the course or program of studies in which they are enrolled. In other words, a single student entering a four-year degree program with an annual tuition fee of $15,000 must demonstrate funds of $15,000 to satisfy the requirements, and not the full $60,000 which would be required for four years. Officers should be satisfied however that the probability of funding for future years does exist (i.e., parents are employed); scholarship is for more than one year. Applications for extensions made to CPC-E must also meet this requirement. In assessing the adequacy of a student’s financial resources, officers may exercise discretion in the documentation they request from applicants. In situations where student applicants generally pose a very low risk regarding funds, officers may choose to limit or waive routine requirements for documentary evidence. Low-risk applicants are more likely to be exempted from the requirement to obtain a temporary resident visa. Based on the known incidence of indigent and non-bona fide applicants, reliability of financial documentation, and so forth, individual visa offices are best placed … Read More

When applying for Canadian immigration, whether it’s for permanent residency, a work permit, or another visa category, one of the most critical aspects of the process is adhering to deadlines set by Immigration, Refugees, and Citizenship Canada (“IRCC“). Missing a deadline can have serious consequences, including delays, application rejections, or even being barred from applying again for a certain period. Here’s why meeting these deadlines is crucial to the success of your immigration application. Avoiding Application Rejections IRCC enforces strict deadlines to ensure that applications move through the process efficiently. Failing to submit required documents or information on time could result in the rejection of your application as incomplete. Once an application is rejected, the entire process must be restarted, which can cost time, money, and opportunity. For example, submitting your proof of funds, police certificates, or medical exams after the deadline may lead to IRCC refusing your application, regardless of how strong your case is otherwise. Even a simple oversight can have significant consequences. Preventing Unnecessary Delays Submitting everything before the deadline ensures that your application progresses without delays. Any delay on your part can cause IRCC to pause your application while waiting for missing information. The Canadian immigration … Read More

  Andrew Hayes is an American immigration lawyer who practices out of Vancouver, British Columbia. He previously appeared on episodes #32 – Keep Out the Poor – How Canada and the US Address Immigrants on Welfare, with Andrew Hayes, #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, and #41 – Judges Virtue Signalling Inside and Outside of Court. We discuss various types of US visa refusals, including administrative processing and ESTA cancellations, and the uncertainty in Canadian immigration law of whether these constitute refusals that need to be disclosed in applications. Also covered are denials of entry to the United States, with a particular focus on what actually happens at US Customs and Border Patrol when someone flagpoles.

Section 34 of the Immigration and Refugee Protection Act states:  34 (1) A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; (b) engaging in or instigating the subversion by force of any government; (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c). The Test for Subversion Canadian immigration legislation does not define subversion. Several Federal Court of Canada decisions have found that it does not require violence, including Oremade v Canada (Minister of Citizenship and Immigration), 2005 FC 1077, where Justice Phelan stated: I agree with the IAD’s conclusion that the term “by force” is not simply the equivalent of “by violence”. “By force” includes coercion or compulsion by violent means, coercion or compulsion … Read More

The following chart shows asylum claims by international students broken down by DLI from 2018 to 2023.

  Part 1 of 2 in a historical deep dive of Chinese immigration to Canada. This episode covers the period of 1850 – 1885, and includes an overview of events in China at the time (including the Opium Wars and the Taiping Rebellion), Chinese migration during the British Columbia gold rush, the merger of the Colony of Vancouver Island and the Colony of British Columbia, numerous British Columbian laws designed to make reduce the number of Chinese in the Province, the building of the Trans Canada Railway, the Royal Commission on Chinese Migration to Canada and the Chinese Head Tax.

  Zeynab Ziaie Moayyed is an immigration lawyer in Toronto. She can be found on X at @ZeynabZiaie We discuss Chinook, AI triage and IRCC’s Integrity Trend Analysis Tool.