David Langlands is a recently retired 37-year officer of the Canada Border Services Agency. He worked at land, sea, air and even mail points of entry. We discuss his career, interacting with refugee claimants and people fleeing dire circumstances, compassion, how he once found a zip-log bag labeled Antrhax in someone’s suitcase, whether all CBSA interactions with applicants should be recorded, and more. Borderlines · #70 – The Importance of Compassion, with David Langlands, a 37-year Officer at CBSA
Borderlines Podcast #69 – COVID-19 as an H&C Factor, Mandamus and FSW vs. CEC Priorities, with Raj Sharma
A discussion about the Federal Court of Canada decision in Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, how being a COVID-19 front-line worker is considered in the H&C context, mandamus, tips for litigators, and how to prioritize FSW applications vs. CEC. Raj Sharma is a Partner at Stewart Sharma Harsanyi in Calgary.
Borderlines Podcast #68 – The Economic Pros and Cons of Canadian Immigration, with Mikal Skuterud
Mikal Skuterud is a professor of economics at the University of Waterloo. The paper on TR-to-PR transition rates can be found here: www150.statcan.gc.ca/n1/en/catalogu…01202200100002. The paper on outmigration can be found here: www150.statcan.gc.ca/n1/pub/11f0019…012340-eng.htm. 3:00 – Does Canada economically need high immigration levels because of low-birth rights? 6:00 Is it short sighted from an economic perspective to focus on labour market needs and the wishes of people to have their parents live with them? 9:00 Is there a way to measure whether economic immigrants are increasing or decreasing GDP per capita? 19:00 What role should immigration play in resolving short-term labour shortages? 32:00 What would be the economic consequence if all foreign workers became permanent residents? 42:00 Is there data to support the notion that international students perform better economically in Canada? 53:00 How does the concept of utility play into macroeconomic planning in the context of immigration? 60:00 The economic integration of immigrants. 67:00 How should the CRS be re-weighted? 1:18:00 Is Canada becoming too reliant on immigrants propping up housing to support the Canadian economy?
What is a Conviction
Sections 36(1)(a) and (b) of the Immigration and Refugee Protection Act states: 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed; (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; Sections 36(2)(a) and (b) of the Immigration and Refugee Protection Act states: (2) A foreign national is inadmissible on grounds of criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence; (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out … Read More
H&C – Minister’s Initiative
It is generally understood that individuals applying for permanent residence can request that Immigration, Refugees and Citizenship Canada (“IRCC“) grant them an exemption from the general requirements of the Immigration and Refugee Protection Act, SC 2001, c-27 (the “IRPA“) on humanitarian & compassionate (“H&C“) grounds. It is also possible for the Minister of IRCC to grant H&C grounds on their own initiative. Section 25.1(1) of the IRPA states: Humanitarian and compassionate considerations — Minister’s own initiative 25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected. Exemption (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1). Provincial criteria (3) The … Read More
Work Permit Processing – India
The following are five Access to Information Act results on work permit processing manuals in India. The first pertains to general instructions to visa officers who process work permits at the Canadian visa office in New Delhi. It is current to April 12, 2022. The second are instructions specific instrcutions for open spousal work permits. The third is instructions for caregivers. The fourth PDF is instructions for truck drivers. The fifth PDF is instructions are agriculture workers. The following is the IRCC Country Information Library for India.
Borderlines Podcast #67 – Is IRCC Systemically Biased Against People from Africa, with Gideon Christian
A discussion about Canada’s low approval rates for study permit, work permit and temporary resident visa applications for people from Africa. Professor Christian can be found on Twitter @ProfXtian. The IRCC Anti-Racism Employee Focus Groups Final Report referenced in this episode can be found here – epe.lac-bac.gc.ca/100/200/301/pwgs…al_Report_EN.pdf
Borderlines Podcast #65 – AMA – Processing Delays, IRCC Transparency, AI, Family Class Issues and More
We took to Twitter to get listener questions for our first Ask Me Anything episode. Will a gay refugee be deported if her sexuality changes? Does Deanna have any insight or information into what is going on with caregiver applications? Why are local visa offices not processing already approved express entry applications? How do you think realistically IRCC should change their workflow and file processing? Do we need to mention previous visa rejections in spousal sponsorship applications? Why can spouses from visa exempt countries easily reunited with their loves ones in Canada while those who need visas cannot? Why is there a particular hatred towards outland spousal apps? What do you think about the IRCC’s local 3.5 workers to every 1 Canadian employed at the VO’s? Is this appropriate? Why does artificial intelligence refuse so many applications? Why is the IRCC so secretive?
The Federal Skilled Worker Program
The Federal Skilled Workers Class (the “FSWC“) has traditionally been one of Canada’s most popular immigration programs. It is currently one of the three programs that is managed through Immigration, Refugees and Citizenship Canada’s (“IRCC“) Express Entry program. To be eligible for the FSWP, applicants must meet minimum eligibility criteria, and also get a minimum of 67 out of 100 points in a selection grid. Minimum Eligibility Criteria The minimum eligibility criteria to the FSWC are that applicants must: Within the 10 years preceding the date of the application for a permanent resident visa, have at least one year of continuous full-time employment experience or the equivalent in continuous part-time employment the occupation that they identify as their primary occupation that is listed in National Occupational Classification (“NOC“) TEER 0, 1, 2 or 3; During that period of employment performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC; During that period of employment performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties. have completed a language test from a designated … Read More
Deemed Rehabilitation
An individual who is criminally inadmissible to Canada may be deemed rehabilitated depending on the crime that was committed, the amount of time that has passed since the crime was committed, the maximum term of punishment for the crime and whether the person committed one or more crimes. Regulation 18(2)(a) of the Immigration and Refugee Protection Regulations states: Rehabilitation 18 (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class. Members of the class (2) The following persons are members of the class of persons deemed to have been rehabilitated: (a) persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely, (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years, (ii) at least 10 years have elapsed since the day after the completion of the imposed sentence, (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament, (iv) the person has not been convicted in … Read More