Genuineness and Primary Purpose – The Disjunctive Test – Section 4(1) of the...
Regulation 4(1) of the Immigration and Refugee Protection Regulations (“IRPR“) state that: 4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a...
View ArticleThe Best Interests of a Child
When considering whether humanitarian & compassionate considerations (“H&C“) justify an exemption from the normal requirements of Canadian immigration, visa officers are required to be alert,...
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Personalized vs. Generalized Risk
From the Big Picture As the political situations in several Latin American countries worsens, there has been a steady increase in the number of refugee cases being decided on the issue of personalized...
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Canadian Immigration Embassy Interview Strategies and Tips
Photo by alancleaver_2000 When visa officers have concerns regarding a completed application, they often convoke interviews. The interview provides the applicants to address these concerns....
View ArticleThe Canada-European Comprehensive Economic and Trade Agreement
On September 21, 2017 the immigration provisions of the Canada-European Comprehensive Economic and Trade Agreement (“CETA”) came into effect. Chapter 10 of CETA facilitates the temporary entry of...
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Can Refugees be Extradited?
The Supreme Court of Canada (“SCC“) in Németh v. Canada (“Nemeth“) addressed whether a person who had successfully claimed refugee protection in Canada could be extradited back to his home country....
View ArticleThe Inside Canada vs. Outside Canada Sponsorship Process
One of the quirkier features of Canadian immigration law is the distinction between what is generally referred to as the “Inside-Canada Sponsorship” process and the “Outside-Canada Sponsorship”...
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Addressing Concerns About Marriage Fraud
(The following is an article that I wrote for Policy Options.) On April 13, 2017, the Trudeau government fulfilled a campaign promise from the 2015 federal election by eliminating the status of...
View ArticleInadequacy of State Protection
Many refugee claimants are not based on situations where the state is the agent of persecution. Rather, the source of risk is a quasi-governmental authority or private actors. In such cases, the issue...
View ArticleSummary of November 1 Changes to BC PNP Guide
On November 1, 2017 the British Columbia Provincial Nomination Program (the “BC PNP”) clarified and/or modified several aspects of its programs. Skilled Immigration The more significant revisions that...
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Deferring Removal
Section 48 of Canada’s Immigration and Refugee Protection Act provides that: Enforceable removal order 48. (1) A removal order is enforceable if it has come into force and is not stayed. Effect (2) If...
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Internal Flight Alternatives
Photo by: joiseyshowaa An area of refugee law that often frustrates refugee claimants is the requirement that they show that there was no reasonable internal flight alternative in their country of...
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Distinguishing PRRA and H&C
Photo By Hamed Saber It is not uncommon for people to submit both Pre-Removal Risk Assessment (PRRA) applications as well as Humanitarian & Compassionate (H&C) applications at the same time....
View ArticleSpousal Sponsor is Pregnant with Someone Else’s Child
When someone sponsors their spouse or common-law partner to immigrate to Canada, it can often be difficult to determine how detailed one’s application should be. Should one include every aspect of...
View ArticleDisabled Adults and the Best Interests of the Child Analysis
“Every child is a dependent but not every dependent is a child”. Individuals who apply for Canadian permanent residency can request that visa officers consider humanitarian & compassionate factors...
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Open Marriages and the Family Class
Canadian immigration law allows people to sponsor their spouses or common-law partners to immigrate to Canada. A question that often arises is whether open relationships count. Multiple Spouses or...
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Spousal Sponsorship and Social Assistance
Photo by George Vnoucek Section 133 of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) prohibit a Canadian citizen or permanent resident from sponsoring a foreign family...
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US War Deserters – Immigrating to Canada
Being a war deserter does not in of itself mean that either a refugee claim or an application for permanent residency based on humanitarian & compassionate (“H&C“) grounds will succeed. On July...
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Self Employed Class – What Are Cultural and Athletic Activities?
Canada’s Self-Employed Program seeks to attract to Canada individuals who have the intention and ability to become self-employed in Canada. Self-employed persons are required to have either: relevant...
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When Procedural Fairness Requires a Fairness Letter
One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a...
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