Goshtasbi v. Canada: A Study Permit Appeal Case
Introduction The process of obtaining a study permit in Canada can be challenging, particularly when visa officers have concerns about an applicant’s intentions and ties to their home country. The case of Goshtasbi v. Canada (Citizenship and Immigration) sheds light on the complexities of study permit applications and the legal considerations involved. In this blog, […]
The Moral Case for Curtailing International Students
Ravi Jain wrote a piece for the Canadian Immigration Lawyers Association (CILA) blog where he discusses the current debate in Canada regarding the influx of international students and its impact on various aspects of Canadian society. The (at the time) newly appointed Housing Minister, Sean Fraser, suggests that limiting the number of international students may be a solution […]
Artificial Intelligence and Immigration Visa Applications
As Canada experiments with Artificial Intelligence (AI) in its attempt to streamline the immigration system, we must ensure that the role of lawyers remains paramount when it comes to data collection and retention for the processing of immigration visa applications. The experimentation of AI to augment and replace human decision-makers in its immigration system can have […]
The Federal Court Decision Kumar v Canada
The Federal Court Decision Kumar v. Canada (Citizenship and Immigration) concerning the refusal of an international student visa presents a captivating scenario that raises intriguing questions. The applicant, who had secured admission to a community college in Ontario for International Business Management, faced challenges due to his previous academic performance. Justice Elliott, presiding over the case, acknowledged […]
Successful Appeal: Misrepresentation in Spousal Work Permit
Case Overview Recently, in the Patel v. Canada (Citizenship and Immigration), 2023 FC 1394 decision, the Federal Court of Canada allowed our client’s appeal and overturned a spousal open work permit refusal which had also resulted in a finding of misrepresentation and a five (5) year ban to Canada for the spouse. This was one of […]
Removal Order for Misrepresentation Overturned by the Federal Court
In February 2024, we won an important immigration case at the Federal Court of Canada. This case involved a removal order issued to our client by the Immigration Appeal Division of the Immigration and Refugee Board of Canada, on the basis of Misrepresentation, which carries with it a 5-year ban to Canada. Case Overview Our client […]
Successful Defence against Refugee Status Cessation
In January 2024, we were able to successfully defend our client from being stripped of their refugee status in Canada through a process called Cessation. Case Overview The Minister commenced a Cessation application against our client, seeking for him to be found to no longer need protection in Canada as a refugee. Had it been […]
Noory v. Canada: A Closer Look at PRRA Decisions and Risks in Afghanistan
Introduction In the recent judicial review case “Noory v. Canada (Citizenship and Immigration),” the Applicant, Ghulam Samad Noory, sought to challenge a refusal under the Pre-Removal Risk Assessment (PRRA). This case sheds light on critical issues surrounding the assessment of risks faced by individuals seeking protection in Canada, particularly those fleeing conflict and persecution in […]
Malaekeh v. Canada (Citizenship and Immigration)
Introduction Applying for permanent residence in Canada on Humanitarian and Compassionate (H&C) grounds is a nuanced and challenging process. A recent case, Malaekeh v. Canada (Citizenship and Immigration), 2024 FC 1058, illustrates the complexities involved, particularly around the establishment factor. This case involved an applicant who sought permanent residence based on his extensive time in […]
Navigating Labour Market Impact Assessments (LMIA) in Canada
The Labour Market Impact Assessment (LMIA) stands as a pivotal document for employers seeking to hire foreign workers when no other options are available. Let’s delve into what an LMIA entails, why it’s crucial, and the process involved. Understanding the Labour Market Impact Assessment (LMIA) A Labour Market Impact Assessment (LMIA)’s primary purposes are: Determining […]