No Credible Basis in Refugee Claims

10th May 2016 Comments Off on No Credible Basis in Refugee Claims

…under Article 1F of the 1951 Refugee Convention because because of serious criminality or human rights abuses. Specifically, the Federal Court of Appeal asked: Considering the authority of the Refugee Protection Division under subsection 107(2) and section 107.1 of the Immigration and Refugee Protection Act to determine that a claim has no credible basis or is manifestly unfounded, is the…

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Court Discusses Hybrid Offenses in the Refugee Context

21st Nov 2011 Comments Off on Court Discusses Hybrid Offenses in the Refugee Context

…the same offense if committed in Canada would actually be prosecuted by way of indictment. Until recently, there was uncertainty if the same held true for excluding people from refugee protection pursuant to Article 1Fb, which provides that: F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering…

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Revocation of Citizenship and Statelessness

13th Sep 2012 Comments Off on Revocation of Citizenship and Statelessness

…to people residing within the state. Canada ratified the treaty on July 17, 1978. Article 8 of the 1961 Convention on the Reduction of Statelessness provides that: Article 8   1. A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 2. Notwithstanding the provisions of paragraph 1 of this Article, a…

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Providing a Right of Appeal to Medically Inadmissible Immigrants

7th Apr 2016 Comments Off on Providing a Right of Appeal to Medically Inadmissible Immigrants

…that he does so soon. Final Thoughts I would like make a final note on excessive demand inadmissibility. Terence Corcoran recently published an article in the National Post lambasting inadmissibility for excessive demand. His entire article is worth reading, and I particularly enjoyed these two paragraphs: Not much logical room for Down syndrome in that rundown of good reasons for…

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Immigrant Investors and the $120,000 Myth

25th Nov 2010 Comments Off on Immigrant Investors and the $120,000 Myth

I’m quoted in today’s Globe and Mail in an article about whether there is a real estate bubble in Vancouver. My contribution to the article was a description of the old Federal Immigrant Investor Program. The article states: A common scenario for an investor immigrant from mainland China unfolds like this, explains immigration lawyer Steven Meurrens: One member of the…

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Red China Immigration Blues

29th Aug 2012 Comments Off on Red China Immigration Blues

Peter Scarrow, a former lawyer at Larlee Rosenberg and now the General Manager, TMF Group – Hong Kong, recently published an article in The Advocate. Peter has kindly given me permission to re-publish his article on my blog. In brief, the article summarizes the unique issues that high net worth mainland Chinese nationals face when immigrating to Canada. It contains…

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Updated Predictions of the Immigration Consequences of the Election

16th Oct 2015 Comments Off on Updated Predictions of the Immigration Consequences of the Election

In August, 2015, I wrote an article for the Policy Options magazine on what the results of the October 19, 2015, federal election would mean for Canadian immigration policy. Although the article was published in September, at the time that I submitted the article to Policy Options Prime Minister Stephen Harper had not yet asked the Governor General to dissolve…

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Am I a Tax Resident in Canada or China?

9th Aug 2010 Comments Off on Am I a Tax Resident in Canada or China?

…than in many other nations, Canadian tax residents are often required to pay taxes on income earned outside of Canada. However, Canada has entered into numerous tax agreements which provide that an individual cannot be tax resident in both countries which are a party to the treaty. Article 4 of the Canada-China Income Tax Agreement provides that an individual can…

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First Designation of Irregular Arrivals

5th Dec 2012 Comments Off on First Designation of Irregular Arrivals

…in violation of the obligation under Article 34 of the Refugee Convention (“Naturalization”): The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings. The Canadian government’s recognition of this international…

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The Conservative Majority Government and Immigration

3rd May 2011 Comments Off on The Conservative Majority Government and Immigration

In the final days of the 2011 Canadian federal election, many prominent immigration lawyers and academics released an article detailing reasons why ethnic minorities and newcomers should not vote for the Conservative Party of Canada. The gist of the article was that the Conservative record on immigration has been dismal. The article raised many good points, however, it completely ignored…

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