Immigration
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August 28, 2024
Ontario Court of Appeal rejects child relocation ruling, pointing to numerous errors by trial judge
The Ontario Court of Appeal has ordered a new trial in a case of a mother wanting to relocate her child to Ireland, ruling that the trial judge misapprehended evidence and had a reasonable apprehension of bias.
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August 28, 2024
Most ‘BIOC’ immigration assessments that were judicially reviewed in past year were flawed
More than two dozen first-line immigration or citizenship decisions that rejected requests for permanent residence or other relief over the past year were quashed by the Federal Court due to immigration officials failing to properly analyze the best interests of the children involved, finds a Law360 Canada review of the Federal Court’s recent “BIOC” case law.
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August 28, 2024
Risky business: Five missteps for employers of foreign nationals
The ability to attract and retain talent from outside Canada is a key lever for any employer looking to enrich a workforce and address labour gaps, particularly when qualified domestic candidates are scarce. However, it can be daunting for businesses to navigate the ever-changing and intricate web of immigration laws, program requirements and compliance obligations.
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August 26, 2024
Ottawa poised to further tighten restrictions on hiring temporary foreign workers
The federal government says it will soon expand restrictions on the number of temporary foreign workers that employers in Canada may hire, including reducing from 20 per cent to 10 per cent the percentage of their total workforce for which employers may hire temporary foreign workers and cutting from two years to one the maximum period for which “low-wage stream” workers may be hired.
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August 23, 2024
Federal Court rejects immigration officer’s flawed, ‘generic’ analysis of kids’ best interests
Addressing a recurrent error in decisions by immigration officers, the Federal Court has ruled that an immigration officer’s “effectively generic” analysis of the best interests of three children who risk being sent to Nigeria with their Nigerian parents “fatally flaws” the officer’s decision to reject the family’s application for permanent residence in Canada on humanitarian and compassionate (H&C) grounds.
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August 22, 2024
Colombia cannot provide adequate state protection to failed refugee claimant: Federal Court
A failed refugee claimant from Colombia has successfully challenged a senior immigration officer’s pre-removal risk assessment (PRRA) that green-lighted his removal on the basis that Colombia is able to provide him with “adequate” state protection from risks to his life and of cruel and unusual treatment from criminals.
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August 22, 2024
Strangulation by regulation | Tega Adjara
Canada’s economic prominence in the early 21st century marked a significant turning point, as the country’s prosperity garnered global recognition, leading to a surge in migration to North America. Although Canada had been economically stable prior to the 2000s, it was during this period that the nation’s economic success became widely acknowledged. The strength of the Canadian dollar, which even surpassed that of its southern neighbour, symbolized this era of prosperity.
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August 21, 2024
Reforms beg the question: What is the purpose of temporary foreign worker program? | Lorne Waldman
If things were not bad enough for Immigration Minister Marc Miller, the recent report by the United Nations Special Rapporteur on Slavery has once again focused the spotlight on Canada’s foreign worker program. According to Tomoya Obokata aspects of Canada’s treatment of temporary workers amounts to slavery.
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August 21, 2024
Non-disclosure of child’s birth via ‘illegal surrogacy’ leads to denial of permanent residence
A Chinese investor has been denied permanent residence in Canada because he misrepresented that his son was his biological offspring — only admitting after the visa officer requested a DNA test that the 3-year-old boy born via surrogacy is not biologically related to either of his parents.
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August 20, 2024
‘Temporary freeze’ coming on temporary foreign workers filling some low-wage jobs in Montreal
Ottawa has agreed to suspend for six months its processing of labour market impact assessment (LMIA) applications for the low-wage stream of the temporary foreign worker program in the Montreal economic region.