Borderlines

Immigration lawyer Lev Abramovich returns to discuss frequently asked questions regarding judicial review. This episode offers valuable guidance for legal professionals, consultants, and those navigating immigration processes. Topics Addressed:(1:49) The IRGC(6:32) Bill C-2(10:48) What is judicial review, and how does it differ from an appeal?(13:30) When faced with an H&C refusal, what factors determine whether to reapply or seek judicial review?(19:29) How do you proceed with a judicial review of a Chinook refusal when GCMS notes repeat the refusal letter?(27:33) When should someone use mandamus, and what factors influence this decision?(36:37) Why is there a lack of legislation to enforce compliance with federal court decisions or settlements, and how often are files refused again after judicial review?(43:51) Is the Immigration Division’s interpretation of the law subject to judicial review?(44:43) How long does it take to decide whether to file a judicial review?(45:54) What’s the difference between Rule 9 and GCMS notes in preparing a judicial review?(50:16) Can you file a judicial review for a study permit refusal from three months ago?(52:50) Should you pursue a judicial review for an application where a reconsideration request was already made?

In this heartfelt episode, we sit down with Gordon Maynard, a recently retired immigration lawyer, to reflect on his remarkable 35-year career. Gordon shares how he sustained a long and fulfilling practice through the camaraderie and support of the Canadian Bar Association (CBA), mentorship from peers, and the value of in-person connections. He discusses the critical role of the Immigration Appeal Division (IAD) in providing equitable discretion for permanent residents facing removal, critiques the erosion of human interaction in modern immigration processes due to centralization and AI, and highlights how physical activities like biking up Seymour Mountain every week helped maintain mental resilience. Gordon also offers wisdom for young lawyers, including urging them to diversify their practice across corporate and enforcement work, stay connected through the CBA, and embrace the human side of immigration law.

Ali Esnaashari and Kaveh Shahrooz join to discuss the Canadian immigration implications of Canada's decision to designate the Islamic Revolutionary Guard Corps a terrorist organization.Topics Explored:Historical Context of the IRGC: Understand the origins, structure, and global activities of the IRGC, including its role in the tragic downing of Ukraine International Flight PS752.Conscription and Inadmissibility: Learn how mandatory military service in Iran leads to Canadian inadmissibility findings for individuals performing routine tasks, such as administrative duties or even playing for government-affiliated sports teams, with no meaningful connection to terrorist activities.Legal Framework and Challenges: A detailed analysis of Section 34(1)(f) of Canada's Immigration and Refugee Protection Act, its broad application, and the low burden of proof that disproportionately impacts conscripts, alongside ongoing federal court cases addressing the definition of “membership.”Policy Shortcomings: Insight into the Canadian government’s rushed designation process, the absence of exemptions for conscripts, and the lack of consultation with stakeholders or training for immigration officers.Why This Matters:This designation has far-reaching consequences, affecting thousands of Iranians in Canada who face inadmissibility rulings despite having no ideological ties to the IRGC. With no humanitarian considerations, lengthy ministerial relief processes, an

In this episode, Vancouver criminal defense lawyer and Driving Law podcast host Kyla Lee unpacks Canada’s criminal justice system, tackling listener questions on bail, sentencing, and mental health treatment. From the nuances of bail hearings and the presumption of innocence to the principles of sentencing like deterrence and rehabilitation, Kyla offers expert insights into how courts address crime, trauma, and addiction. She also explores controversial topics like involuntary treatment, the impact of Gladue reports for Indigenous offenders, and the challenges of prison overcrowding, while proposing solutions like supportive housing to address root causes of crime.

When permanent residents and foreign nationals can be found inadmissible for violating human or international rights.

Deanna and Steve discuss an internal IRCC document listing numerous challenges that employers are having with IRCC, including processing delays, security screening, the BC PNP, high points in Express Entry, and more.

Daniel Hiebert is an Emeritus Professor of Geography at the University of British Columbia. We discuss his recent paper for the CD Howe Institute titled "Balancing Canada’s Population Growth and Ageing Through Immigration Policy." Those who support high immigration levels often say that Canada's ageing demographics makes immigration a necessity. This conversation is a deep dive into this issue. One thing is apparent. There are no easy solutions. It is going to take massive increases and changes to immigration levels and policy that likely are not sustainable or politically feasible.

Mark Holthe is an immigration lawyer in Lethbridge and the President of the Canadian Immigration Institute.

Benjamin Meadow is a lawyer in Vancouver, British Columbia. We discuss whether landlords can charge temporary residents more for rent or security deposits, when a foreign worker's lease is tied to their employment, landlords discovering illegal subletting, and more.