Immigration
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October 01, 2024
If Trump wins | Tega Adjara
The outcomes of U.S. elections have historically shaped the policies of other nations, particularly Canada, with whom the United States shares not only the longest unguarded border but also deep economic, social and geopolitical ties. Any shift in U.S. governance, especially following a presidential election, reverberates across Canada. As we approach the 2024 U.S. election, it is evident that regardless of the victory, there will be inevitable policy changes that will affect Canada. However, a victory by Donald Trump could potentially trigger significant transformations within Canadian law and policy, given the stark ideological contrast and historical precedents set during his previous administration.
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October 01, 2024
Plan to impose administrative penalties threatens immigration lawyers | Sergio R. Karas
On June 23, 2024, the federal government announced plans to impose a system of administrative penalties “… applicable to those who provide immigration and citizenship advice and/or representation” that will be administered by Immigration, Refugees and Citizenship, Canada (IRCC). These administrative penalties are intended to be a tool of regulatory enforcement, ensuring compliance with the Immigration Refugees Protection Act (IRPA) and the Citizenship Act.
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September 27, 2024
Federal Court offers bar, litigants expedited ‘no-hearing’ judicial review for study permit refusals
In an effort to speed up the judicial review of hundreds of study permit refusals as the Federal Court also contends with thousands of other immigration cases, the national trial court is offering parties who opt into a new pilot project a “simplified” no-hearing, in-writing-only procedure where judges will simultaneously decide a JR leave application and the JR’s merits, and do so within five months rather than the 14 to 18 months usually required for a final decision under the general procedure.
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September 27, 2024
Waiving drug offenses for admission to the U.S.
The United States treats drug offences very seriously, and foreign nationals should be attentive to U.S. laws about drugs that may impact their ability to enter the United States.
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September 26, 2024
Immigration measures fall short in addressing international student crisis | Sergio R. Karas
On Sept. 18, 2024, the federal government announced an additional 10 per cent reduction in the study permit intake cap, lowering the target from 485,000 to 437,000 for 2025. The government also outlined plans to limit spousal work permit eligibility to only spouses of master’s degree students enrolled in programs lasting at least 16 months, and spouses of foreign workers in management or professional roles within sectors experiencing labour shortages.
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September 26, 2024
VISITORS AND TEMPORARY RESIDENTS - Temporary entry - Students
Application by Kumari for judicial review of the Immigration Division's ("ID") finding of misrepresentation against her. Kumari, a citizen of India, applied for a study permit through a representative. The representative advised her that she had received an offer of admission from Fanshawe College. She alleged that after arriving in Canada, her representative enrolled her in another institution due to a strike at Fanshawe College.
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September 23, 2024
Early election could kill proposed miscarriage of justice review body if bill not soon enacted
With the possibility of an early federal election looming this fall, advocates for the creation of an independent body to investigate suspected wrongful convictions are urging the Senate to move expeditiously to study and pass Bill C-40, proposed government legislation that would give birth to a long-awaited independent review body.
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September 23, 2024
REFUGEE PROTECTION - Persecution - Religion - Credible basis for claim - Loss of refugee status
Application by Yuan for judicial review of the senior immigration officer's ("Officer") refusal of his Pre-Removal Risk Assessment ("PRRA") application. Yuan, a Chinese citizen, sought refugee protection for fear of religious persecution. Subsequently, he obtained permanent residence and with his wife and children they became permanent residents in Canada.
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September 20, 2024
Canadian Judicial Council says guidelines coming for federal judges’ use of AI, social media
As part of their two-day fall meeting in Charlottetown this week, the chief and associate-chief justices of the nation’s superior courts discussed their progress in creating guidelines for federal judges’ use of artificial intelligence (AI) and social media, the Canadian Judicial Council (CJC) says.
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September 19, 2024
Treasury Board president Anita Anand gets second Cabinet post as transport minister
Liberal MP Anita Anand, the president of the federal Treasury Board and former defence minister in the Liberal government, has taken on the additional post of minister of transportation.