Ali Esnaashari and Kaveh Shahrooz join to discuss the Canadian immigration implications of Canada’s decision to designate the Islamic Revolutionary Guard Corps a terrorist organization. Topics Explored: Historical Context of the IRGC: Understand the origins, structure, and global activities of the IRGC, including its role in the tragic downing of Ukraine International Flight PS752. Conscription and Inadmissibility: Learn how mandatory military service in Iran leads to Canadian inadmissibility findings for individuals performing routine tasks, such as administrative duties or even playing for government-affiliated sports teams, with no meaningful connection to terrorist activities. Legal Framework and Challenges: A detailed analysis of Section 34(1)(f) of Canada’s Immigration and Refugee Protection Act, its broad application, and the low burden of proof that disproportionately impacts conscripts, alongside ongoing federal court cases addressing the definition of “membership.” Policy Shortcomings: Insight into the Canadian government’s rushed designation process, the absence of exemptions for conscripts, and the lack of consultation with stakeholders or training for immigration officers. Why This Matters:This designation has far-reaching consequences, affecting thousands of Iranians in Canada who face inadmissibility rulings despite having no ideological ties to the IRGC. With no humanitarian considerations and lengthy ministerial relief processes.
The Super Visa
Parents and grandparents of Canadian citizens and permanent residents can apply for two types of Temporary Resident Visas to visit their relatives in Canada. The first is a standard, multiple-entry visa. The second is what is known as a Super Visa. A normal Temporary Resident Visa generally is a multiple entry-visa valid for the duration of an applicant’s passport, or 10 years, whichever is shorter. Unless the Canada Border Services Agency authorizes indicates, it allows applicants to stay in Canada for up to six months without having to apply to extend their temporary resident status. A Super Visa is also valid for up to 10 years, or the duration of the applicant’s passport, whichever is shorter. It allows parents and grandparents to stay in Canada for up to two years without having to renew their status. Parents and grandparents who are from visa-exempt countries can also apply for Super Visas in order to receive Letters of Introduction that will allow them to stay in Canada for up to two years without having to renew their status. It is important to note that the two year entry only applies to the initial stay. A parents or grandparent is eligible for a Super … Read More
Borderlines Podcast #165 – Is Canada soft on crime? with Kyla Lee
In this episode, Vancouver criminal defense lawyer and Driving Law podcast host Kyla Lee unpacks Canada’s criminal justice system, tackling listener questions on bail, sentencing, and mental health treatment. From the nuances of bail hearings and the presumption of innocence to the principles of sentencing like deterrence and rehabilitation, Kyla offers expert insights into how courts address crime, trauma, and addiction. She also explores controversial topics like involuntary treatment, the impact of Gladue reports for Indigenous offenders, and the challenges of prison overcrowding, while proposing solutions like supportive housing to address root causes of crime.
Borderlines Podcast #164 – Inadmissibility for Human Rights Violations
When permanent residents and foreign nationals can be found inadmissible for violating human or international rights.
Borderlines Podcast #163 – Mini Flash Update on Work Permit Issues
Deanna and Steve discuss an internal IRCC document listing numerous challenges that employers are having with IRCC, including processing delays, security screening, the BC PNP, high points in Express Entry, and more.
Employment Reference Letters and Immigration
Most Canadian economic immigration programs require that applicants have qualifying work experience. In order to demonstrate that past and current positions qualify, applicants are required to provide references letters from their employers. Such reference letters must state the position title, duration, duties and wage. Prospective immigrants who are obtaining reference letters should understand how officers determine whether specific employment experience meets program eligibility requirements, why reference letters are needed and how immigration officers will assess them. Relying on the NOC system In determining whether work experience is qualifying, Immigration, Refugees and Citizenship Canada (IRCC) relies on the Government of Canada’s national occupational classification (or NOC) system. In the federal skilled worker class, for example, applicants need to have within the 10 years before they apply at least one year of full-time work experience, or the equivalent of part-time work, in their primary occupation that is listed on the NOC website as being skilled. In the Canadian experience class, meanwhile, applicants need to show that they have acquired in Canada, within the three years before the date on which they apply for permanent residence, at least one year of full-time work experience in one or more occupations that are listed on … Read More
Temporary Suspensions of Removals
As per the CBSA website, Canadas Temporary Suspension of Removals (“TSR”) program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the TSR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the Administrative Deferral of Removals (“ADR”) are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions. Jurisprudence In the Humanitarian & Compassionate (“H&C”) contest, Justice Grant assessed the significance of a TSR as being: The TSR program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed … Read More
Intention to Reside in Quebec
Regulation 90(2) of the Immigration and Refugee Protection Regulations (the “IRPR”) identifies who qualifies as a member of the Quebec investor class. Under this provision, a foreign national is considered part of this class if two criteria are met: (a) they intend to reside in the province of Quebec, and (b) they are named in a Certificat de sélection du Québec (CSQ) issued by the Quebec government. Jurisprudence In Quan v. Canada (Citizenship and Immigration), 2022 FC 576, Justice Gascon ruled that procedural fairness does not require that officers specifically warn applicants prior to interviews that they may be concerned about intention to reside in Quebec. He wrote: As pointed out by the Minister, this Court has determined on several occasions that immigration officers have no obligation to share their concerns regarding the evidence submitted in support of a permanent residence application when these concerns arise directly from one of the requirements of the statutes and regulations (Naboulsi v Canada (Citizenship and Immigration), 2019 FC 1651, at para 92; Zeeshan v Canada (Citizenship and Immigration), 2013 FC 248 at paras 33, 46; Rukmangathan v Canada (Minister of Citizenship and Immigration), 2004 FC 284 at para 23). In the case of … Read More
IRCC/ESDC Employer Compliance Inspections
All employers of temporary foreign workers in Canada need to understand how the employer compliance regime works. Both Immigration, Refugees and Citizenship Canada (“IRCC”) as well as the Department of Employment and Social Development (“ESDC”) regularly audit and inspect the employers of foreign workers to make sure that they are complying with the Temporary Foreign Worker Program and/or the International Mobility Program (which are the two main programs through which foreign nationals can work in Canada). Both ESDC and IRCC have indicated that about 25% of employers can expect an inspection in any given year. Most of these inspections and audits start with the employer receiving a letter from the Government of Canada informing them that they will be examined on a multitude of factors, including whether they have employed the foreign national in the job that they were supposed to, whether they paid the wages that they were supposed to, whether the employer complied with laws regulating employment, whether they maintained records and whether they took reasonable efforts to provide a workplace that was free of abuse. I have embedded below the standard employer compliance letter that is sent out at the start of an audit. Consequences of Non-Compliance Here … Read More