Grounds for Judicial Review – Findings of Fact in a Perverse or Capricious Manner

Section 18.1(4) of the Federal Court Act, RSC 1985, c F-7, states that the grounds for judicial review are: The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failedContinue Reading

Humanitarian & Compassionate Applications – The Establishment Factor

Subsection 25(1) of Canada’s Immigration and Refugee Protection Act provides immigration officers with the flexibility to grant on humanitarian and compassionate (“H&C”) exemptions to overcome the requirement of obtaining a permanent residence visa from abroad and/or to overcome class eligibility requirements and/or inadmissibilities. H&C applications may be based on a number factors, including: establishment in Canada; ties to Canada; theContinue Reading

Human Smuggling – A Very Broad Offence

A Canadian citizen helps an undocumented refugee claimant come to Canada without the proper documentation to seek asylum by paying for part of his transportation. A Canadian marries a foreign national, and helps bring her to Canada without going through the proper process. The couple are now staying with the Canadian’s mother, who is providingContinue Reading

Disguised Extradition

Extradition and deportation are two different things.  Extradition is the official process whereby one country transfers a suspected or convicted criminal to another country, generally for prosecution.  Deportation, on the other hand, is the removal of an individual from a country generally done for the purpose of achieving an immigration objective.  In Roncarelli v. Duplessis, [1959]Continue Reading

The Upcoming Litigation Over Immigration, the TFWP, and Privacy

Last month, a British Columbia Provincial Nomination Program (“BC PNP”) officer requested that one of my employer clients provide payroll documents for individuals who were not a part of the BC PNP application.  We politely pointed out that the employer could not do this without the third party employees’ consent, as to provide the documents without their consentContinue Reading

Restoration of Status (Last Updated June 30, 2014

If a visitor, worker, or student loses their status in Canada, then they may apply to restore their status.  Such applications are referred to as “restoration applications.”  Section 182 of the Immigration and Refugee Protection Regulations provides that: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status asContinue Reading

Government of Canada Overhauls the Temporary Foreign Worker Program

On June 20, 2014, Citizenship and Immigration Canada (“CIC”) and the Ministry of Economic and Social Development Canada (“ESDC”) announced significant reforms to the Temporary Foreign Worker Program (“TFWP”).  The changes will affect all employers of Temporary Foreign Workers (“TFWs”) in Canada.  Many of the changes take effect immediately, with the remainder being phased inContinue Reading

ETA Regulations Announced

As I have previously written in this blog on numerous occasions, in April 2015 Canada will adopt an Electronic Travel Authorization (“eTA“) program that is similar to the Electronic System for Travel Authorization (“ESTA“) that the United States currently has, and the Electronic Travel Authority that Australia has. In January, I summarized the eTA inContinue Reading