Borderlines

A discussion of misrepresentation, including its application, consequences, the innocent mistake defense, failing to disclose past visa refusals, the difference between insufficient evidence and misrepresentation, and going after low hanging fruit. Hosted on Acast. See acast.com/privacy for more information.

Kyle Seeback is the Member of Parliament for Dufferin - Caledon. He is the author of Bill C-242, the Reuniting Families Act. Bill C-242 would allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years. On June 7, 2022, Immigration, Refugees and Citizenship Canada announced...

David Langlands is a recently retired 37-year officer of the Canada Border Services Agency. He worked at land, sea, air and even mail points of entry. We discuss his career, interacting with refugee claimants and people fleeing dire circumstances, compassion, how he once found a zip-log bag labeled Antrhax in someone's suitcase, whether all CBSA interactions with applicants should be recorded, and...

A discussion about the Federal Court of Canada decision in Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, how being a COVID-19 front-line worker is considered in the H&C context, mandamus, tips for litigators, and how to prioritize FSW applications vs. CECRaj Sharma is a Partner at Stewart Sharma Harsanyi in Calgary. Hosted on Acast. See acast.com/privacy for more information.

Mikal Skuterud is a professor of economics at the University of Waterloo. The paper on TR-to-PR transition rates can be found here: https://www150.statcan.gc.ca/n1/en/catalogue/36280001202200100002. The paper on outmigration can be found here: https://www150.statcan.gc.ca/n1/pub/11f0019m/11f0019m2012340-eng.htm3:00 - Does Canada economically need high immigration levels because of low-birth rights...

A discussion about Canada's low approval rates for study permit, work permit and temporary resident visa applications for people from Africa. Professor Christian can be found at @ProfXtian on Twitter. The IRCC Anti-Racism Employee Focus Groups Final Report referenced in this episode can be found here - https://epe.lac-bac.gc.ca/100/200/301/pwgsc-tpsgc/por-ef/immigration_refugees/2021/122-20-e/POR_...

A discussion of the law of self defense in Canada, including the 2021 Supreme Court of Canada in R. v. Khill. We also make comparisons to the Kyle Rittenhouse case in the United States and talk about Canadian immigration implications involving the law of self defense in criminal matters. Hosted on Acast. See acast.com/privacy for more information.

We took to Twitter to get listener questions for our first Ask Me Anything episode. 1) Will a gay refugee be deported if her sexuality changes? 2) Does Deanna have any insight or information into what is going on with caregiver applications? 3)Why are local visa offices not processing already approved express entry applications?4)How do you think realistically IRCC should change their workflow and...

Aditya Mohan is the founder of Robometrics, a company at the forefront of the intersection of artificial intelligence and human emotions like empahty. We discuss the increasing use of artificial intelligence in Canadian immigration legislation, its benefits, and ways to increase transparency and oversight. 3:00 - What is artificial intelligence? 8:00 - What are deep learning systems? 14:00 - How d...

A discussion about the increasing use of artificial intelligence to decide immigration applications. Mario Bellissimo is a Canadian immigration lawyer in Toronto, and the former past Chair of the Canadian Bar Association's National Immigration Law Section. 4:00How imprecise wording in the forms can result in misrepresentation findings where immigration becomes a game of gotcha. 10:30How the laws o...

Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com.3:00Working as a summer student as a Border Services Officer. 6:30September 11, 20...

Sarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00What is sexual assault? 5:30Is all sex between an employer and employee deemed to be non consensual? 6:00Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault?7:30If someone is at a nightclub and they start dancing with another person without their...

A discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People's Party of Canada. She can be found on Twitter @Twimmigration. Chantal Desloges is the Founder and Senior Partner of Desloges Law Group. Hosted on Acast. See acast.com/privacy for more information.

Cristina Guida is a senior associate lawyer with Green and Spiegel LLP in Toronto. She can be found on Twitter @crisguida_gands. We discuss authorization to work in Canada without a work permit, including business visitors, students, perfroming artists, maintained status, the global skills strategy and other categories. We also discuss what Canada's immigration department continues to be "work." H...

Marina Sedai is an immigration lawyer and the past National Chair of the Canadian Bar Association Immigration Section, a role that she served in from 2018 – 2019, and is also a past provincial char of the CBABC Immigration Law Section. She can be found on Twitter @MarinaSedai. We discuss various myths about Canadian immigration law, including:* Refugees get more financial help than pensioners. & F...

We discuss how mandamus applications work. Adrienne Smith is a Partner at Battista Smith Migration Law Group.2:00Does filing mandamus applications annoy Immigration, Refugees and Citizenship Canada? 5:30Has there been a change in the frequency with which mandamus applications are considered? 13:30During COVID-19 is there a difference in filing a mandamus application between online and paper applic...

We discuss issues involving the deportation of long term permanent residents for criminality. 5:45 - What are the grounds for deporting a permanent resident for criminality? 13:00 - How does the appeal process work? 17:00 - What are the factors in deportation.19:00 - An overview of the history of the law involving the deportation of permanent residents. 26:00 - What is the probability of success f...

Hilary Evans Cameron is an Assistant Professor at Ryerson Law. Prior to become a faculty member, Hilary represented refugee claimants for a decade. She is the author of Refugee Law’s Fact-finding Crisis: Truth, Risk, and the Wrong Mistake. Her paper on risk salience in refugee decisions that we discuss can be found here. She is also the creator of www.meetgary.ca, a website which provides guidance...

Dennis McCrea was the founder of McCrea Immigration Law. He started practicing immigration law in 1974, and was one of the original members of Vancouver's immigration bar. In this episode we discuss how to build an immigration practice, how the practice of immigration law has evolved, avoiding burnout and more.3:00How lawyers use to interact with visa officers. 6:00The formation of the immigration...

Joshua Sohn practiced immigration law for over 25 years. He is a past president of the Canadian Bar Association’s Immigration section. He worked both as a sole practicioner, at a small firm and at a big 4 accounting firm. We discuss Joshua’s career, what made him go to law school, whether he took immigration courses in law school, how he started in refugee law, differences between working as a sol...

A discussion of the philosophy behind economic immigration, how Canada ranks economic immigrants, Ministerial Instructions and listener Q&A. Ashal Kaushal is an Assistant Professor at the University of British Columbia's Allard School of Law, where she teaches, amongst other courses, Immigration Law.6:00An introduction to Canada’s points system, how Express Entry changed it and Ministerial Instruc...

A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel (Professional Conduct Proceedings) at Real Estate Counci...

A discussion of s. 34(1)(f) of Canada's Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45What is terrorism under Canadian immig...

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factors and how they are used in immigration appeals.1:00How the assessment of Humanitarian & Compassionate considerations has become somewhat nebulus. 4:00A case study of Chieu v. Canada 10:00What is an exa...

A discussion about responding to procedural fairness letters with digressions on possible bias against people from Punjab, unreasonable documentation requests, tunnel vision amongst visa officers, how if an officer goes out looking for misrepresentation in an application they will probably find it, aggressively banning people from Canada as a deterrance policy, IRCC misleading Parliament about whe...