Immigration, Refugees and Citizenship Canada (“IRCC“) has a call-center to provide customer service. The information is here: Telephone: 1-888-242-2100 (in Canada only) Automated telephone service (available 24 hours a day, 7 days a week) If you have a touch-tone telephone, you can listen to pre-recorded information about our programs, and check the status of your application. Client Support Centre agents – Monday to Friday, 8 a.m. to 4 p.m., your local time, except for statutory holidays. Services are available in French and English. Agents can help you with general and case specific enquiries. They cannot: make decisions on applications help process applications faster, unless you meet the criteria for urgent processing Relying on the Call Center In Ni v. Canada (Citizenship and Immigration), 2014 FC 725, the IRCC call-center instructed an applicant to provide a certain document, and made a representation that this would result in the approval of the application. The applicant did just that, and the application was refused. Justice Brown wrote: … the failure of justice in this case arises solely from the Applicant following CIC’s instructions. Therefore, as between these two parties, responsibility must fall on the party who directed the erroneous course of conduct, which is in this case is CIC … Read More
Study Permits for Indian Nationals
The following is the Immigration, Refugees and Citizenship Canada (“IRCC”) study permit manual used at CPC-Ottawa for the processing of applications from Indian citizens.
Family Violence and H&Cs
The following PDF contains several statistics regarding TRP and H&C approval rates for applications involving family violence.
Considering the Evidence in its Entirety
One of the most common reasons for seeking judicial review is because of concerns that a tribunal did not consider an applicant’s evidence in its entirety. Relevant Documents Must be Considered or Mentioned Federal Court of Canada jurisprudence is clear that when assessing the credibility of an individual, tribunals have to consider and assess all of the evidence, both oral and documentary, and not just selected portions of it. As the Federal Court of Appeal noted in Stelco Inc. v. British Steel Canada Inc. a tribunal must explain its conclusion on those issues that are of central importance to the decision. It is not necessary, however, for tribunals to quote from the evidence in its reasons. In Gourenko v. Canada (Minister of Citizenship and Immigration), the Court established the criteria of whether a piece of evidence is relevant to an important matter. The Court stated: In my view, a document need only be mentioned in a decision if, first of all, the document is timely, in the sense that it bears on the relevant time period. Secondly, it must be prepared by a reputable, independent author who is in a position to be the most reliable source of information. Thirdly, it seems … Read More
A44 Reports
Section 44 of the Immigration and Refugee Protection Act states: Preparation of report 44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister. Referral or removal order (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order. Conditions (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order. Conditions — … Read More
Borderlines Podcast #86 – Refugee Resettlement and the Housing Crisis, with Laura Best
Laura Best is an immigration lawyer practicing in Toronto. We discuss refugee resettlement and Canada’s housing crisis, as well as whether Canada’s housing shortage is impacting support for immigration.
Permanent Resident Travel Documents
Since December 31, 2003, Canadian permanent residents have been required to have either a Permanet Resident Card (a “PR Card“), or a permanent resident travel document (a “PRTD“) to return to Canada aboard a commercial carrier. A PR Card is a “status document” whereas a PRTD is a “travel document.” The PR card is the preferred document as it is the official proof of permanent resident status of Canada. Permanent residents who do not have a PR Card, are outside of Canada, and wish to travel commercially back to Canada will need to apply for a PRTD before they can board a flight back to Canada. Without proof of permanent resident status, the Canada Border Services Agency’s Interactive Advance Passenger Information system will impede the permanent resident’s ability to board the airplane to Canada. This is because s. 31(2)(b) of the Immigration and Refugee Protection Act states that a permanent resident abroad without a PR Card is presumed to not be a permanent resident. However, if they apply to a Canadian visa office, permanent residents outside of Canada who do not have valid PR Cards may be issued PRTDs to facilitate their return to Canada. Immigration, Refugees and Citizenship Canada (“IRCC”) will … Read More
Misrepresentation and Children
Although there is nothing explicit on the website, it appears that IRCC policy is to generally not pursue misrepresentation allegations against minors. The IRCC Complex Case Unit further states that “we do not A40 minors.” As well, the Abbu-Dhabbi visa officer toolkit states: Important: Please remember that you do not send PFLs to applicants that are under 18, or were under 18 at the time of the previous refusal. We can’t reaosnably expect minors to be aware of visa refusals on applications that would have been submitted by their parents. Jurisprudence In Shao v. Canada (Citizenship and Immigration), 2023 FC 973, Justice Favel ruled that when a minor submits an application that a visa officer has to consider the “circumstances in which the application form was completed.”
Immigration Consequences of a Conviction and Sentence in Canada
A person who has been found to be inadmissible to Canada on the grounds of serious criminality may not appeal to the Immigration Appeal Division.
Restrictions on H&C
Section 25 of Canada’s Immigration and Refugee Protection Act provides that applicants can seek humanitarian & compassionate relief from the harsh application of other portions of Canadian immigration legislation. When the IRPA was created s. 25 was short two paragraphs, and read: 25. (1) The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations. Provincial criteria (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. In 2020, s. 25 is much longer, and reads: 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent … Read More