Espionage and Immigrating to Canada

Meurrens LawInadmissibility

Section 34(1) of Canada’s Immigration and Refugee Protection Act provides, amongst other things, that a foreign national or Canadian permanent resident is inadmissible to Canada for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests, or being a member of an organization that there are reasonable grounds to believe … Read More

Arguing Incompetence of Counsel in an Appeal

Meurrens LawJudicial Reviews

Many lawyers when they meet with clients often review rejected applications and/or appeals where it is obvious that the individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to ignorance of the law.  Some specific examples include: former counsel being told by an Immigration Appeal Division member to “sit down” because … Read More

Addressing Newfoundland Nurses

Meurrens LawImmigration Trends

On December 15, 2011 the Supreme Court of Canada (“Supreme Court“) issues its decision in Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 SCR 708 (“Newfounland Nurses“). In Newfoundland Nurses, the Supreme Court essentially abolished “adequacy of reasons” as a stand-alone ground for judicial review.  Rather, the Supreme Court stated that an officer’s reasons must … Read More

Meaning of Dependent Child

Meurrens LawProvincial Nominee Programs

A “dependent child” is defined in the Immigration and Refugee Protection Regulations, SOR/2002-227 as: dependent child, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than … Read More

Certified Question on Section 7 Charter Rights

Meurrens LawJudicial Reviews

Does the Immigration and Refugee Board (“IRB”) violate the provisions of section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”) if it declines to postpone a hearing based on risk to life where there is a pending humanitarian and compassionate application also based on risk to life? The above question was certified … Read More

PRRA Officer Did not Consider Important Country Report

Meurrens LawHumanitarian and Compassionate

On June 7, the Federal Court released its decision in Ariyaratnam v. Canada (Citizenship and Immigration), 2010 FC 608 (“Ariyaratnam“) The case involved a 28 year old from Sri Lanka whose Pre-Removal Risk Assessment (“PRRA“) and Humanitarian & Compassionate applications were refused. The appellant argued in Federal Court that the assessing officer (the “Officer“) had a … Read More