In Nesarzadeh v Canada (Citizenship and Immigration), 2023 FC 568, the Federal Court of Canada articulated the following general framework for the judicial review of denials of study permit refusals. A reasonable decision must explain the result, in view of the law and the key facts. Vavilov seeks to reinforce a “culture of justification” requiring the decision-maker to provide a logical explanation for the result and to be responsive to the parties’ submissions, but it also requires the context for decision-making to be taken into account. Visa Officers face a deluge of applications, and their reasons do not need to be lengthy or detailed. However, their reasons do need to set out the key elements of the Officer’s line of analysis and be responsive to the core of the claimant’s submissions on the most relevant points. The onus is on the Applicant to satisfy the Officer that they meet the requirements of the law that applies to consideration of student visas, including that they will leave at the end of their authorized stay. Visa Officers must consider the “push” and “pull” factors that could lead an Applicant to overstay their visa and stay in Canada, or that would encourage them … Read More
Borderlines Podcast #128 – An Interview with Jason Kenney, Minister of Citizenship and Immigration from 2008-2012
Jason Kenney was Canada’s Minister of Citizenship and Immigration from 2008-2013. 1:30 – The story behind Jason Kenney showing up unannounced at a CBA Immigration Law conference. 4:30 – The difficulties of being an immigration minister and Minister Kenney’s relationship with the bureaucracy and Deanna’s thoughts on Jason Kenney’s tenure. 9:30 – Marc Miller’s attempts to introduce a program to regularize the status of undocumented workers, and his public statements that he was overruled by Cabinet. 16:20 – Prime Minister Harper’s teenager looking for work and the overnight imposition of the 2014 moratorium on new LMIAs in the Food Service Sector. 23:00 – Record immigration levels, wage suppression, the collapse of the general consensus on immigration, and whether Canada’s record population growth was deliberately planned or unintended. 32:15 – The introduction of Ministerial Instructions. 37:30 – Diploma mills. 41:00 – What the scariest thing Jason Kenney did as Minister. 44:15 – Ending the ability of people to simultaneously claim asylum and submit an H&C application, and soaring asylum claim numbers. 49:50 – Is there anything Minister Kenney wishes he had used the notwithstanding clause on and revisiting the 1951 Refugee Convention. 57:15 – Advice to people who are … Read More
Chinook
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
Borderlines Podcast – #127 – Maintaining Permanent Residence and Changes to Citizenship by Descent
Amandeep Hayer and Lisa Middlemiss join to discuss maintaining permanent resident status and upcoming changes to citizenship by descent law, both of which were topics in their recently published book Maintaining Permanent Residence Status and Acquiring Citizenship. Amandeep’s article in the Toronto Star about Bill C-71 can be found here. Bill C-71 can be found here. Cases discussed include Bi v. Canada (Citizenship and Immigration), 2012 FC 293. Amandeep Hayer is an immigration lawyer at Hayer Law, based out of Vancouver. Lisa Middlemiss is an immigration lawyer at Middlemiss Immigration Law Inc, based out of Montreal.
Borderlines Podcast #126 – How are We Dealing with Refugees (Eating our Pets), with Christopher Anders
Christopher Anders is a shareholder of Parker, Butte & Lane in Oregon. He focuses his practice on representing asylum seekers before the Asylum Offices of USCIS and in removal proceedings before the Immigration Courts of EOIR. We discuss how record refugee flows are impacting politics in both Canada and the United States.
Mandamus for Study Permits
Are you an international student facing delays in your Canadian study permit application? Delays can be frustrating and disruptive, especially when they threaten your academic plans. This post will explore how a mandamus application can help overcome these obstacles. Overview of Mandamus A mandamus application is a legal action that compels a government authority or public official to perform a duty they are legally required to fulfill. In the context of study permits, it’s a way for students to ask the Federal Court of Canada to order Immigration, Refugees, and Citizenship Canada (“IRCC“) to process their application when faced with unreasonable delays. To successfully file a mandamus application for a study permit, one must meet certain legal requirements. Understanding these criteria is key to determining whether this legal remedy is appropriate. Right to a Decision: You must prove that they have a clear right to a decision on their study permit application. This means IRCC is obligated to make a decision, although it doesn’t guarantee that the decision will be an approved study permit. Unreasonable Delay: One must demonstrate that the delay in processing the application is unreasonable, meaning it far exceeds standard processing times without a valid reason. Non-Discretionary Duty: … Read More
The Citizenship Test
All applicants for Canadian citizenship between 18 and 54 years of age are required to take the Citizenship Test. The citizenship test is generally the final step before the citizenship ceremony. Discover Canada The Citizenship Test assess an applicant’s knowledge of Canada and the responsibilities and privileges of Canadian citizenship. All questions are based on Immigration, Refugees and Citizenship Canada’s (“IRCC”) Discover Canada, which can be read on IRCC’s website here. Discover Canada’s Table of Contents shows that it consists of the following chapters: Notice – Third-party citizenship study guides, tests and questions The Oath of Citizenship Message to Our Readers Applying for Citizenship Rights and Responsibilities of Citizenship Who We Are Canada’s History Modern Canada How Canadians Govern Themselves Federal Elections The Justice System Canadian Symbols Canada’s Economy Canada’s Regions Study Questions For More Information and acknowledgements Authorities Memorable Quotes Retesting Applicants who Fail the Citizenship Test Failing the citizenship test does not result in the automatic refusal of a citizenship application. If someone fails the Canadian citizenship test, they will typically be given a second opportunity to retake the test. Citizenship applicants are allowed to retake the test within a few weeks of the initial attempt. If they … Read More
Transgender Refugee Claims from Japan
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.
Borderlines Podcast #125 – Chinese Interference, the United Front, and Visa Delays, with Sam Cooper
Sam Cooper is an award-winning investigative journalist and best-selling author. He is the founder of The Bureau, and his book, Wilful Blindness – How a Criminal network of narcos, tycoons and Chinese Communist Party agents infiltrated the West, debuted as a #1-seller on Amazon, in Canada. We discuss the United Front, foreign interference in Canada, Canadian enforcement issues, IRCC casting a wide security screening net that seems to encompass all Chinese with STEM backgrounds, Parliamentarians allegedly involved in collusion with foreign governments, international students voting in nomination ridings, the Overseas Chinese Affairs Office, 3/PLA and whether things are improving. Published cases involving inadmissibility to Canada due to membership in either the United Front or the Overseas Chinese Affairs Office include Meng v Canada (Public Safety and Emergency Preparedness), Zhang v Canada (Public Safety and Emergency Preparedness) and Gao v. Canada (Citizenship and Immigration).
Options to Restore Status
There are many ways that people who come to Canada legally can suddenly find themselves inside Canada without valid status. Some may simply forget to submit applications to extend their status prior to the end of the period of their authorized stay. Others may submit their extension applications on time only to have Immigration, Refugees and Citizenship Canada (“IRCC”) later refuse or reject their applications for being incomplete, leaving them without status in Canada. While Canadian immigration law provides such foreign nationals with some options to regain valid temporary resident status in Canada, it is important that people understand the risks associated with each. Leaving Canada and Re-Entering The first, and arguably the riskiest, way that a foreign national can regain legal status in Canada is to exit Canada and re-enter. Anyone who does this will need to satisfy the Canada Border Services Agency (“CBSA”) that they will leave Canada by the end of their authorized stay, which can sometimes be tricky if the person has previous overstayed. As well, if the foreign national wants to work or study, then they will need to demonstrate to CBSA that they are eligible to do so. Restoration of Status For many, exiting … Read More