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 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. She can be found on Twitter @MarinaSedai. 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.
Borderlines Podcast #57 – Mandamus Applications, with Adrienne Smith
We discuss how mandamus applications work. Adrienne Smith is a Partner at Battista Smith Migration Law Group. 2:00 Does filing mandamus applications annoy Immigration, Refugees and Citizenship Canada? 5:30 Has there been a change in the frequency with which mandamus applications are considered? 13:30 During COVID-19 is there a difference in filing a mandamus application between online and paper applications? 18:00 What is a mandamus application? 26:00 What is the legal test for a mandamus application? 49:00 During COVID-19 when a visa office is largely close
Borderlines Podcast Episode 55 – Risk Salience and Unconscious Bias in Decision Making, with Hilary Evans Cameron
Hilary Evans Cameron is an Assistant Professor at Ryerson Law. Prior to become a faculty member, Hilary represented refugee claimants for a decade. She is the author of Refugee Law’s Fact-finding Crisis: Truth, Risk, and the Wrong Mistake. Her paper on risk salience in refugee decisions that we discuss can be found here. She is also the creator of www.meetgary.ca, a website which provides guidance to both decision makers and asylum claimants on the implicit biases and thought processes that can influence decision makers. She provides training to the Immigration and Refugee Board on this topic. 3:00 The two strong pulls in the law of how a decision maker should make a decision in a refugee hearing that impacts risk salience. 7:00 Can a decision maker ever be truly neutral? 11:00 Does the fact that the refugee process starts with a removal order “set things up” for strict scrutiny? Plus how politicians can influence error preference. 18:30 Refugee acceptance rates have increased recently. Is this a result of new decision makers or the same decision makers applying different maxims. Can someone’s risk salience approach change over time? 22:00 The non legal things that can influence decision makers. 26:30 Studies on accuracy … Read More
Work Permit Processing Manual
The following is a copy of a manual titled Temporary Resident Processing: Temporary Workers CC8000. It consists of both the Instructor’s Guide as well as the Participant’s Guide.
Applying for a Work Permit After Entering Canada
Regulation 199 of the Immigration and Refugee Protection Regulations states: Application after entry 199 A foreign national may apply for a work permit after entering Canada if they (a) hold a work permit; (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187; (c) hold a study permit; (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (e) are a family member of a person described in any of paragraphs (a) to (d); (f) are in a situation described in section 206 or 207; (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit; (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment … Read More
Bulk Processing of Applications
The following are instructions to officers on bulk processing applications. It was last updated on April 12, 2019.
Borderlines Podcast #50 – Membership in a Terrorist Organization and Immigration, with Hart Kaminker
A discussion of s. 34(1)(f) of Canada’s Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45 What is terrorism under Canadian immigration legislation? 9:45 What is an organization? 15:30 What does it mean to be a “member?” 19:00 The Bangladesh Nationalist Party 29:00 Would Nelson Mandela be encompassed? 30:45 Should only organizations that are officially designated by the government render someone inadmissible? 39:39 The Ministerial relief process. 47:35 Jose Figuerora 53:45 Could someone being a QAnon adherent make them inadmissible to Canada? 1:00 Does the designation of the Proud Boys broaden what could result in inadmissibility due to terrorism? 1:03 Could the leader of a party calling for an insurrection lead to all members of that organization being inadmissible for being a member of an organization which has committed terrorism? 1:05 What about antifa? The Republican Party? 1:13 Would it be misrepresentation to not declare one’s being a QAnon adherent in the IMM5669?
Borderlines Podcast Episode #47 – Universal Basic Income and Canadian Immigration
This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which type of immigrants (permanent residents, workers, students, asylum claimants, people without status) etc. would be eligible, whether a basic income would impact other public funding for services like legal aid, whether it would cause inflation, and more. 5:30 What are different models of universal basic income? 9:00 How is the amount of basic income calculated? 10:45 What was the Ontario pilot project? 12:45 In practice is there a difference between an income guarantee model and a flat-payment model? 14:30 Do wealthy people get the same payment and benefit under a universal basic income? 15:30 How would a universal basic income be funded? 23:45 Would a universal basic income replace other services like legal aid? 28:25 A review of Motion 46 – GUARANTEED LIVABLE BASIC INCOME 30:35 Would international students, foreign workers, permanent residents, asylum claimants, people without status, etc. be eligible to receive a universal basic income? 42:00 What would the labour market interaction be with a universal basic income in terms of its … Read More