Section 63(2) of the Immigration and Refugee Protection Act (“IRPA“) provides that: A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing. The jurisprudence around this section has seemingly been to narrow it. Jurisprudence Ismail v. Canada On June 5, 2015, the appellants in Elham Fathy Elsayed Ismail et al v. Minister of Citizenship and Immigration, A-203-15, discontinued their appeal of the Federal Court’s decision in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“). That question was: For the purposes of determining its jurisdiction to hear an appeal pursuant to subsection 63(2) of the IRPA, shall the validity of the permanent resident visa be assessed by the IAD at the time of arrival in Canada or at the time the exclusion order is made? The question is important because it addresses a growing tendency of the Canada Border Services Agency (“CBSA“) to defer the examination of foreign nationals possessing permanent resident visas seeking to become permanent residents where CBSA suspects that the foreign nationals may not be admissible to Canada, rather than preparing an inadmissibility report. During … Read More
Borderlines Podcast #170 – Getting Divorced in Canada, with Ari Wormelli
Ari Wormelli joins to discuss how to get divorced in Canada, and its intersection with Canadian immigration law. Topics discussed include non-accompanying spouses agreeing to or contesting divorce with prospective immigrants in Canada, practical barriers, serving legal documents internationally, getting foreign divorces recognized in Canada, annullment in the Philippines, marriages under fake IDs, and break down an actual case. Timestamps: 0:19 – Welcome and Guest Introduction 0:52 – Diving into Messy Divorces 2:17 – How Divorce Works in Canada 5:09 – Divorcing with an Overseas Spouse 10:20 – Divorce in Countries Without Divorce (e.g., Philippines) 15:21 – Conflicts of Law in Divorce Recognition 21:56 – Case Study: Canadian Sponsor with Pakistani & Canadian Divorces 26:04 – Recognizing Foreign Divorces in Canada 34:19 – Marriages Under Fake IDs 47:30 – Marriage in Canada Without Legal Status 50:52 – Timeline for an Uncontested Divorce in Canada 56:00 – Final Thoughts & Key Takeaways
Canadian Refugee Claims from Kenya
The following is a sample successful Canadian refugee claim from Kenya. I have re-posted it on order to show the different factors that applicants must demonstrate in their asylum claim.
Borderlines Podcast #169 – H&C Applications, with Raj Sharma and Hannah Lindy
Join us for an insightful episode of the Borderlines Podcast, featuring Raj Sharma and Hannah Lindy, both individuals with extensive experience submitting Humanitarian and Compassionate (H&C) applications. In this episode, we dive deep into H&C applications under section 25 of Canada’s Immigration and Refugee Protection Act. Learn what H&C applications are, who can apply, and the key factors officers consider, including the best interests of children and compelling circumstances. We discuss challenges like high refusal rates, the impact of the 2025 Levels Plan, and the importance of strong advocacy. Whether you’re an applicant, practitioner, or curious about Canadian immigration, this episode is packed with expert insights and practical advice.
Working without a work permit: what jobs can a visitor do in Canada?
The following is an article that I recent wrote for The Canadian Immigrant: It is generally understood that visitors to Canada cannot work without work permits. The consequences for doing so can include removal from Canada, being unable to apply for work permits for six months, year-long prohibitions on returning to Canada and even possible criminal sanctions for employers. Canadian immigration legislation defines “work” broadly. It includes any activities for which wages are paid or commission is earned, and any activity that competes directly with the activities of Canadian citizens or permanent residents in the Canadian labour market. Because of this, volunteer work, unpaid internships and practicums may also require work permits. However, while the definition of what constitutes work is broad, there are many activities that people would generally consider work that do not require work permits. Remote work In our increasingly globalized and digitized world, perhaps the most important work permit exemption is for remote work. Canada’s immigration department allows visitors to Canada to perform long-distance (by telephone or internet) work if their employer is outside Canada and they are remunerated from outside Canada. As such, many people who work remotely for companies abroad are able to reside … Read More
Borderlines Podcast #168 – Judicial Review AMA
Immigration lawyer Lev Abramovich returns to discuss frequently asked questions regarding judicial review. This episode offers valuable guidance for legal professionals, consultants, and those navigating immigration processes. Topics Addressed: (1:49) The IRGC (6:32) Bill C-2 (10:48) What is judicial review, and how does it differ from an appeal? (13:30) When faced with an H&C refusal, what factors determine whether to reapply or seek judicial review? (19:29) How do you proceed with a judicial review of a Chinook refusal when GCMS notes repeat the refusal letter? (27:33) When should someone use mandamus, and what factors influence this decision? (36:37) Why is there a lack of legislation to enforce compliance with federal court decisions or settlements, and how often are files refused again after judicial review? (43:51) Is the Immigration Division’s interpretation of the law subject to judicial review? (44:43) How long does it take to decide whether to file a judicial review? (45:54) What’s the difference between Rule 9 and GCMS notes in preparing a judicial review? (50:16) Can you file a judicial review for a study permit refusal from three months ago? (52:50) Should you pursue a judicial review for an application where a reconsideration request was already made?
Inadmissibility for Being a Danger to Canada
Section 34(1)(d) of the Immigration and Refugee Protection Act (the “IRPA”) provides that a permanent resident or a foreign national is inadmissible on security grounds for being a danger to the security of Canada. Standard of Proof Section 33 of the IRPA provides that the facts which can give rise to an inadmissibility under IRPA s. 34(1)(d) include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur. In Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, the Supreme Court of Canada stated that the “reasonable grounds to believe” standard requires something more than mere suspicion, but less than the standard applicable in civil matters of proof on the balance of probabilities and that reasonable grounds will exist where there is an objective basis for the belief which is based on compelling and credible information. Requirements In Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1, the Supreme Court stated: While the phrase “danger to the security of Canada” must be interpreted flexibly, and while courts need not insist on direct proof that the danger targets Canada specifically, … Read More
Maintained (Implied) Status – What It is, and What Changed Recently
Maintained (previously known as implied) status is perhaps one of the most misunderstood concepts of Canada’s immigration system. Many mistakenly question its legality. Others fail to appreciate its unique requirements, and abruptly find themselves without status. Recent procedural changes and court decisions in Canada have only added to the confusion. Implied Status Regulations 183(5), 186(u), and 189 of the Immigration and Refugee Protection Regulations (“IRPR”) provide the legal basis for implied status. In brief, if a foreign worker, international student, or visitor files an application to extend his (or her) status in Canada, then he may remain in Canada on the terms of his original status until Immigration, Refugees and Citizenship Canada (“IRCC”) makes a decision on his extension application. Accordingly, a foreign worker can continue to work, an international student can continue to study, and a visitor can continue to reside in Canada during IRCC’s processing of the extension application. Considering that as of writing visitor, worker, and student extension applications took IRCC 75, 60, and 42 days respectively to process, the extra time that implied status can allow an individual to carry on with his life in Canada can be significant. In order to take advantage of maintained … Read More
Responsibility for Missed E-mail Communication
Who bears the risks when e-mail notices are sent by a visa officer but are not received by the applicant’s agent?
Borderlines Podcast #167 – A Life in Immigration Law: Gordon Maynard on Collegiality, Discretion, and Staying Human
In this heartfelt episode, we sit down with Gordon Maynard, a recently retired immigration lawyer, to reflect on his remarkable 35-year career. Gordon shares how he sustained a long and fulfilling practice through the camaraderie and support of the Canadian Bar Association (CBA), mentorship from peers, and the value of in-person connections. He discusses the critical role of the Immigration Appeal Division (IAD) in providing equitable discretion for permanent residents facing removal, critiques the erosion of human interaction in modern immigration processes due to centralization and AI, and highlights how physical activities like biking up Seymour Mountain every week helped maintain mental resilience. Gordon also offers wisdom for young lawyers, including urging them to diversify their practice across corporate and enforcement work, stay connected through the CBA, and embrace the human side of immigration law.