Caregiver Judicial Reviews

Meurrens LawUncategorized

The history of caregiver programming in Canada, aimed at providing pathways to permanent residency for caregivers, dates back decades, with key developments occurring after the introduction of the Immigration and Refugee Protection Act (IRPA). There have been four main caregiver pathways since the 1950s: Live-in Caregiver Program (1992 to 2014): This program was established to … Read More

The Permit Holder Class

Steven MeurrensUncategorized

Regulation 65 of the Immigration and Refugee Protection Regulations, SOR/2002-227, provides that: 65 A foreign national is a permit holder and a member of the permit holder class if (a) they have been issued a temporary resident permit under subsection 24(1) of the Act; (b) they have continuously resided in Canada as a permit holder for … Read More

The Five Year Bar on Misrepresentation

Steven MeurrensUncategorized

Section 40(3) of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that: (3) A foreign national who is inadmissible under this section (misrepresentation) may not apply for permanent resident status during the period referred to in paragraph (2)(a). Jurisprudence In Baloch v Canada (Citizenship and Immigration), VC3-01413, the Immigration and Refugee Board affirmed … Read More

Responding to Procedural Fairness Letters

Meurrens LawImmigration Trends, Work Permits

Where an applicant submits a complete application, but an immigration officer nonetheless has concerns regarding the merits of it, the immigration officer will often provide a fairness letter to the applicant.  This requirement has arisen from Federal Court of Canada jurisprudence which provides that the duty of procedural fairness can require that an applicant be … Read More

Borderlines Podcast #56 – Responding to Deportation Letters, with Michael Greene

Meurrens LawInadmissibility

We discuss issues involving the deportation of long term permanent residents for criminality. Michael Greene, Q.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He is representing Jaskirat Singh Sidhu in his immigration and deportation matters. 5:45 – What are … Read More

When the Court Will Award Costs

Meurrens LawJudicial Reviews

In this post, which will be updated frequently, I will be looking at scenarios where the Federal Court ordered costs. I’m hoping that this post can become a useful reference for Federal Court practitioners.

Ability to Perform the Work Sought

Meurrens LawWork Permits

Regulation 200(3)(a) provides that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought. Procedural Fairness In jurisprudence on applications for skilled worker class permits it has also been held that if the officer has … Read More

The Start-Up Business Class

Meurrens LawBusiness and Entrepreneur Immigrantion

On April 11, 2018, regulations for the Start-Up Business Class (the “Start-Up Business Class”) came into effect.  The regulations slightly modify the program that has been in effect since April 1, 2013.  Both applicants as well as designated entities should be aware of the changes.

Borderlines Podcast #92 – The Deportation of Permanent Residents for Serious Criminality

Steven MeurrensUncategorized

Michael Greene, K.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He is representing Jaskirat Singh Sidhu in his immigration and deportation matters. We discuss the Federal Court decision in Sidhu v. Canada (Public Safety and Emergency Preparedness), 2023 FC … Read More

Arranged Employment

Meurrens LawSkilled Immigration (Express Entry, CEC, FSWC, Etc.)

Regulation 82 of the Immigration and Refugee Protection Regulations, SOR/2002-227 states: 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is … Read More