#87 - Visa Officers and the IAD Ignoring or Disagreeing with Federal Court, with Raj Sharma
Borderlines29 Aug 2023

#87 - Visa Officers and the IAD Ignoring or Disagreeing with Federal Court, with Raj Sharma

Raj Sharma is an immigration lawyer in Calgary. In Borderlines Podcast Episode 69 we discussed his case Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, in which the Federal Court quashed an Immigration Appeal Division decision, stating that the IAD did not properly give enough weight to the unique contributions that Ms. Mohammad made as a health care worker during COVID-19, and the debt that was owed to her. The IAD disagreed with the Federal Court, and Raj Sharma sought judicial review again. The case, and today's episode, provides an insight into how redetermination works, and the degree of deference that visa officers and the IAD need to show the Federal Court.

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Episoder(239)

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

What actually counts as “work” under Canadian immigration law? The answer is much broader than simply receiving a paycheque.We discuss a recent Federal Court decision involving unauthorized work and t...

1 Sep 35min

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

Canada’s Express Entry system was designed to rank skilled immigrants predictably and select those most likely to succeed economically. Has it instead become an unpredictable collection of category-ba...

25 Aug 51min

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

We discuss three recent developments:IRCC’s abrupt addition and removal of new requirements for C20 reciprocal-employment work permits;CBSA officers checking the immigration status of participants at ...

18 Aug 45min

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

Can Parliament prevent courts from reviewing the decisions of administrative tribunals?In this episode, we discuss the Supreme Court of Canada’s landmark decision in Democracy Watch v. Canada (Attorne...

11 Aug 54min

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

Canada says it is returning immigration to “sustainable levels.” But what does sustainability actually mean? And sustainable for whom?Deanna Okun-Nachoff is joined by immigration lawyer Will Tao, foun...

5 Aug 58min

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

What happens when IRCC changes the rules after someone has already made major life decisions? Or even submitted their application?We start with recent Post-Graduation Work Permit refusals involving gr...

27 Jul 56min

#223 - Climate Refugees and The Welcome Table

#223 - Climate Refugees and The Welcome Table

Filmmaker Josh Fox joins Borderlines to discuss his new HBO documentary, The Welcome Table, and the growing displacement of people around the world because of climate change.Josh Fox is an Emmy Award-...

22 Jul 44min

#222 - LMIA Wage Thresholds Rise

#222 - LMIA Wage Thresholds Rise

Service Canada has increased the wage thresholds that determine whether an LMIA is classified as high wage or low wage. While the numbers may appear modest, the practical consequences are significant....

14 Jul 48min

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