Sharifi v. Canada (Citizenship and Immigration), 2013 FC 453 This was a FSWP case involving an officer who refused a marine engineer’s application because the officer did not think that the applicant had demonstrated that he performed the main duties of NOC 7132. In overturning the decision, the Federal Court judge (who prior to becoming… Continue Reading
Category Archives: Appeals
Court Certifies Numerous Questions in Dismissal of Skilled Worker Class Action
In Tabingo c. Canada (Citizenship and Immigration), 2013 FC 377, the Federal Court (the “Court“) certified three questions when it dismissed the class action lawsuit launched by people whose permanent residence applications were terminated by Bill C-38, the Jobs Growth and Long-term Prosperity Act (“Bill C-38“). Bill C-38 introduced a new s. 87.4(1) (“Section 87.4(1)“)to the… Continue Reading
Certified Question on the Standard of Review for Visa Officers Interpreting The Law (Updated March 25, 2013)
The Federal Court has certified what might be the most important (and least discussed) issue in Canadian immigration law. In Qin v. Canada, the Court asked: What standard of review is applicable to a visa officer’s interpretation of the Immigration and Refugee Protection Regulations, SOR/2002-227 and to the officer’s assessment of an application under the Immigration and Refugee Protection… Continue Reading
Applying for a Stay of Removal in Superior Court
Generally, if an applicant in Canada whose request to the Canada Border Services Agency to defer removal is unsuccessful, and the individual then wants to obtain a judicial stay of removal, the appropriate forum is the Federal Court of Canada. In Anthonipillai v. Minister of Public Safety and Emergency Preparedness, 2013 ONSC 1231, the appellant… Continue Reading
Top Source Countries for A44 Reports at YVR
In 2011, 1,108 people were declared inadmissible to Canada when they arrived at the Vancouver International Airport. The following chart obtained through an Access to Information and Privacy Act request shows these individuals’ source countries. The top 10 countries were: Citizenship 2011 United States 247 South Korea 137 Hungary 83 China 72 Taiwan 49 British… Continue Reading
Enforcement Flag Removal Policy Change
Many people entering Canada find themselves at customs being constantly referred to secondary examination. There, they are often told by the Canada Border Services Agency (“CBSA“) that their referral to secondary examination was the mandatory result of an enforcement flag being on their file. Referral to secondary examination is time consuming. Unnecessary referrals are a… Continue Reading
When Incompetence of Counsel is a Miscarriage of Justice
Practitioners often find themselves reviewing rejected applications or hearings where it is painfully obvious that an individual’s previous representative was incompetent. In exceptional circumstances, such incompetence can result in a breach of procedural fairness. In order for incompetence of counsel to result in a breach of procedural fairness, it must be established that (1) counsel’s acts or… Continue Reading