On April 20, 2011, the Vancouver Sun published an article by David Green titled “Are there too many Foreign Workers?” The article notes that from 2004 to 2008, the number of Temporary Foreign Workers admitted to Canada increased from 112,543 to 192,281. (In 2010 the number was 182,322.) I take issue with numerous aspects of the article, including: It completely ignores the causation between the introduction of the Post-Graduation Work Permit and the increase in the number of Temporary Foreign Workers. Prior to 2006, foreign students in Canada could not apply for an open work-permit upon graduation. This is no longer the case, and many of the over 150,000 foreign students in Canada each year apply for and receive these permits. It incorrectly states that Temporary Foreign Workers do not have future prospects for immigration. As I have previously written in this blog, there are numerous immigration programs available for temporary foreign workers to become permanent residents. The Canada Experience Class and the numerous Provincial Nomination Programs all facilitate the switching from temporary residence to permanent. The article does not mention that temporary foreign workers who decide to become permanent residents are likely more able to integrate than those who … Read More
Converting from Judicial Review to an Action
Clients often ask me why federal court actions are limited to judicial reviews. They want to know why it is that they can introduce new evidence and call witnesses at the Immigration Appeal Division, an administrative tribunal, but not in court. There are numerous reasons why federal court actions are limited to judicial review. The first is because immigration decisions take place in the context of administrative law. Because the court is simply reviewing the reasonableness of an administrative tribunal’s decision (be it a visa officer or the Immigration Appeal Division), it is not necessary to hear fresh evidence. The second is to facilitate access to justice and avoid unnecessary cost and delay. The third is that many people who would be called as witnesses in a normal action are not eligible to enter Canada. Finally, applicants are always able to re-apply. Converting to an Action Although federal court actions for immigration decisions generally occur in the context of judicial review, s. 18.4(2) of the Federal Court Act provides that the court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action. Section 18.4(2) is a response to concerns … Read More
Canada to End Source-Country Class for Refugees
There are three types of refugee classes for refugees that are re-settled from abroad. These are the Convention Refugees Abroad Class, the Country of Asylum Class, and the Source Country Class. Minister Kenney has introduced regulatory changes to eliminate the Source Country Class.
CSIC to be Replaced by the ICCRC
On March 18, 2011, Minister Kenney announced that a new regulatory body would be created to oversee immigration consultants. The name of the new agency will be the Immigration Consultants of Canada Regulatory Council (“ICCRC”). The public has been provided with 30 days to comment.
Internal Flight Alternatives
An area of refugee law that often frustrates refugee claimants is the requirement that they show that there was no reasonable internal flight alternative to claiming refugee status in Canada.
Pending Criminal Charges and Immigrating
I have previously written that criminal convictions for foreign offenses can result in individuals being inadmissible to Canada. I was recently asked what the implication of charges or pending charges that have not yet been adjudicated.
Section 97 Refugees
Refugee practitioners colloquially refer to their clients as being either s. 96 or s. 97 Immigration and Refugee Protection Act (“IRPA”) refugees. Section 96 of IRPA provides that a person who is recognized by the Geneva Convention as being a convention refugee shall be conferred refugee protection. Section 97, meanwhile, provides that a person who is in need of protection shall also be afforded refugee protection in Canada.
Section 10 of the Employment Standards Act
Section 10 of the ESA provides that a person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for employing or obtaining employment for the person seeking employment, or providing information about employers seeking employees. Immigration practitioners, who are frequently asked to assist people in finding jobs, must ensure that they do not contravene s. 10 of the ESA.
Determining Education Points Under the Federal Skilled Worker Program [Updated]
Discussing issues that arise under the calculation of points under the Federal Skilled Workers Program
Updating the Embassy with New Information
People in possession of permanent resident visas who have not yet become permanent residents must inform Citizenship and Immigration Canada (“CIC”) if they have either become married, entered into a common-law relationship, gotten divorced, or ended a common-law relationship. They must also advise CIC if a material fact relevant to the issuance of the visa has changed since the visa was issued. Although I always tell the above to clients, I often get the sense that it is treated like a throwaway statement. The recent Federal Court decision of Mai v. Canada (Public Safety and Emergency Preparedness), 2011 FC 101, however, is a reminder of just how important updating CIC is. Mr. Mai (“M”) was born in Vietnam in 1982. He father, a Canadian, sponsored him to immigrate to Canada in 2003. At the time, M was single. He obtained his visa and arrived in Canada in 2005. In the summer of 2004, however, he married his pregnant girlfriend. Their child was born that fall. M did not report either his marriage or the birth of his child to CIC during the processing of his application, nor upon the receipt of his permanent resident visa, nor upon his arrival to … Read More