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Borderlines - Canadian Immigration Law Podcast
Canada
เข้าร่วมเมื่อ 11 พ.ย. 2020
A podcast about Canadian immigration law, co-hosted by Steven Meurrens and deanna okun-nachoff.
#141 --- The problem with visitor records
On this episode, Steve and Deanna discuss the effect of cross-border travel on the validity of a visitor record. The question is: do they become invalidated by travel outside Canada? The topic was raised by Tamara Mosher Kuczer in episode 140, in which she reported an uptick in visitor record extension refusals due to prior invalidation of the original visitor record.
มุมมอง: 173
วีดีโอ
#140 - 2024 Year in Review and Predictions for 2025
มุมมอง 93วันที่ผ่านมา
Tamara Mosher Kuczer is the Founder & Principal Lawyer of Lighthouse Immigration Law Professional Corporation. She can be found on Twitter @ttrrmk.
#139 - Practice Tips and Resolutions for 2025
มุมมอง 9614 วันที่ผ่านมา
Deanna and Steve discuss some practice tips and resolutions for 2025, including going back to a world of online applications with the end of flagpoling, focusing on practice areas that one likes, using artifical intelligence, client interactions and getting out of one's shell and embracing the broader community.
#137 - Ugandan Asian Refugee Resettlement to Canada, with Shezan Muhammedi and Myra Thakrar
มุมมอง 118หลายเดือนก่อน
Shezan Muhammedi is an Acting Assistant Director at Immigration, Refugees and Citizenship Canada and an Adjunct Research Professor at the University of Carleton. He is the author of Gifts from Amin - Ugandan Asian Refugees in Canada (uofmpress.ca/books/gifts-from-amin?) In 1972, Ugandan dictator Idi Amin ordered the expulsion of nearly 80,000 Asians, predominantly of Indian descent, giving them...
#138 - "Trumpugees" with Ryan Rosenberg
มุมมอง 134หลายเดือนก่อน
This episode features Steven and deanna in discussion with Ryan Rosenberg managing partner at Larlee Rosenberg (the firm where Steven is a partner). The subject of the discussion is Americans seeking to emigrate to Canada following the re-election of Donald Trump (trumpugees.ca/). The discussion covers cross-border travel, mobility provisions under the NAFTA (now CUSMA), and predictions for ant...
#135 - Baffling Immigration Rules and CILA's Statement on Consultants
มุมมอง 205หลายเดือนก่อน
Deanna and Steven discuss the most baffling rules and programs in Canada's immigration system. We also answer multiple requests to comment on the Canadian Immigration Lawyers Association recent statement that immigration consultants should be restricted to working for lawyers.
#136 - National Security & Immigration Law, with Richard Mosley (Retired Federal Court Judge)
มุมมอง 220หลายเดือนก่อน
Richard Mosley is a retired judge from the Federal Court of Canada, with a background and specialization there in national security cases. We discuss the path to becoming a judge specializing in national security, the unique physical environment of working on such cases, and the security provisions within Canadian immigration law. Other topics include delays in processing, abuse of authority, C...
#134 - Standing Committee Report on Temporary Foreign Workers
มุมมอง 370หลายเดือนก่อน
On this episode, Steven and deanna discuss the recommendations section (www.ourcommons.ca/documentviewer/en/44-1/CIMM/report-21/page-30) of the recent report from the Standing Committee on Citizenship and Immigration regarding "closed work permits and temporary foreign workers" (full report at www.ourcommons.ca/documentviewer/en/44-1/CIMM/report-21/page-ToC). Our discussion also touches on the ...
#133 --- Restoration of Status and TRPs, with Andrew Mattu and Ajaypal Singh Ahluwalia
มุมมอง 1882 หลายเดือนก่อน
Andrew Mattu is the Principal Lawyer at Godwit Law Office (godwitlaw.com/), an immigration law firm in Brampton ON. Ajaypal Singh Ahluwalia is an Associate at Godwit Law Office. We discuss restoration of status and Temporary Resident Permits (TRPs). Topics include how people fall out of status, eligibility for restoration of status, restoring to post-graduate work permits, removal during the re...
#132 --- Cessation of refugee status, with Doug Cannon
มุมมอง 2872 หลายเดือนก่อน
Douglas Cannon is a Partner at Elgin Cannon & Associates, and a veritable expert in both avoiding and defending refugees and protected persons against applications under s. 108 of the IRPA to "cease" their status on grounds that: (a) they have voluntarily reavailed themself of the protection of their country of nationality; (b) they have voluntarily reacquired their nationality; (c) they have a...
#132 - Cessation proceedings in the refugee context, with Doug Cannon_TRAILER
มุมมอง 612 หลายเดือนก่อน
The full episode will drop tomorrow - 5 November 2024!
#131 --- "Death by a Thousand Cuts"
มุมมอง 3562 หลายเดือนก่อน
In this episode, Deanna and Steven go through the recently announced (24 October 2024) cuts to temporary residence, permanent residence and refugee resettlement numbers for 2025-2027 see www.canada.ca/en/immigration-refugees-citizenship/news/2024/10/government-of-canada-reduces-immigration.html for more information. Also follow both Steven and Deanna on LinkedIn for more detailed numbers and me...
#130 --- Challenges and Benefit of Hiring Immigrants, with Alice Craft
มุมมอง 1152 หลายเดือนก่อน
Alice Craft is a Research Associate in the Immigration knowledge area at the Conference Board of Canada (www.conferenceboard.ca/). She recently published a paper titled Small Business, Big Impact Immigrant Hiring and Integration in Five Canadian Cities (www.conferenceboard.ca/product/small-business-big-impact_aug2024/). We discuss the key findings of that study namely, that: - in fast-growing s...
#128 - An Interview with Jason Kenney, Minister of Citizenship and Immigration from 2008-2012
มุมมอง 7003 หลายเดือนก่อน
Jason Kenney was Canada's Minister of Citizenship and Immigration from 2008-2013. Highlights of this episode: 1:30 - The story behind Jason Kenney showing up unannounced at a CBA Immigration Law conference. 4:30 - The difficulties of being an immigration minister and Minister Kenney’s relationship with the bureaucracy and Deanna’s thoughts on Jason Kenney’s tenure. 9:30 - Marc Miller’s attempts...
#127 - Maintaining Permanent Residence and Changes to Citizenship by Descent
มุมมอง 1553 หลายเดือนก่อน
Amandeep Hayer and Lisa Middlemiss discuss maintaining permanent resident status, and upcoming changes to citizenship by descent law, both of which were topics in their recently published book Maintaining Permanent Residence Status and Acquiring Citizenship (emond.ca/Store/Books/Maintaining-Permanent-Residence-Status-and-Acquiri) Amandeep's article in the Toronto Star about Bill C-71 can be fou...
#126 - How are We Dealing with Refugees (Eating our Pets), with Christopher Anders
มุมมอง 923 หลายเดือนก่อน
#126 - How are We Dealing with Refugees (Eating our Pets), with Christopher Anders
#125 - Chinese Interference, the United Front, and Visa Delays, with Sam Cooper
มุมมอง 1303 หลายเดือนก่อน
#125 - Chinese Interference, the United Front, and Visa Delays, with Sam Cooper
#124 - Flagpoling, with Arshdeep Kahlon
มุมมอง 1813 หลายเดือนก่อน
#124 - Flagpoling, with Arshdeep Kahlon
#123 - Spousal Sponsorship Interviews and Appeals, with Raj Sharma
มุมมอง 2484 หลายเดือนก่อน
#123 - Spousal Sponsorship Interviews and Appeals, with Raj Sharma
#122 - Misrepresentation for failure to Disclose a prior US visa refusal, with Andrew Hayes
มุมมอง 2404 หลายเดือนก่อน
#122 - Misrepresentation for failure to Disclose a prior US visa refusal, with Andrew Hayes
#121 - Top Federal Court Immigration Cases of July 2024
มุมมอง 1334 หลายเดือนก่อน
#121 - Top Federal Court Immigration Cases of July 2024
#120 - Is Canadian Immigration Policy Broken, with Siavash Shekarian
มุมมอง 2124 หลายเดือนก่อน
#120 - Is Canadian Immigration Policy Broken, with Siavash Shekarian
#118 - Suing Immigration Consultants and Lawyers, with Eoin Logan
มุมมอง 2115 หลายเดือนก่อน
#118 - Suing Immigration Consultants and Lawyers, with Eoin Logan
#117 - Open Work Permit for Vulnerable Workers and Access to Justice issues
มุมมอง 2646 หลายเดือนก่อน
#117 - Open Work Permit for Vulnerable Workers and Access to Justice issues
#116 - Chinook, AI Triaging and ITAT, with Zeynab Ziaie Moayyed
มุมมอง 1336 หลายเดือนก่อน
#116 - Chinook, AI Triaging and ITAT, with Zeynab Ziaie Moayyed
#113 - Improving Judicial Review, with Cheryl Robinson
มุมมอง 1016 หลายเดือนก่อน
#113 - Improving Judicial Review, with Cheryl Robinson
#115 - Use of Artificial Intelligence in Canadian (and foreign) border controls, with Petra Molnar
มุมมอง 1286 หลายเดือนก่อน
#115 - Use of Artificial Intelligence in Canadian (and foreign) border controls, with Petra Molnar
#114 - Are Immigration Policies Hurting Canada's Economy?, with Mikal Skuterud
มุมมอง 3157 หลายเดือนก่อน
#114 - Are Immigration Policies Hurting Canada's Economy?, with Mikal Skuterud
#112 - Canada's immigration v. criminal law on sex work, w Connie Campbell and Frances Mahon
มุมมอง 877 หลายเดือนก่อน
#112 - Canada's immigration v. criminal law on sex work, w Connie Campbell and Frances Mahon
I remember reading FC case that involved misrep due to forgery of the entry stamps hand written dates.
Following the logic of the passport stamping requirement, do WP-holders require stamps as well then? What about inland WP extensions where CBSA is not involved at all? I recall the distinction between a visa and a status document and the purpose of either one. So VR is not a status document all of a sudden? More questions than answers.
judsons a 🤡
Hello Steven, i think you guys should do a 2025 Express entry prediction, potential change of the government what does that mean…
We sure will! This is an annual event for us. In keeping with tradition, we will review our predictions from last year with Tamara Mosher-Kuczer (see borderlines.ca/91-recapping-2023-and-predictions-for-2024-in-canadian-immigration-law-with-tamara-mosher-kuczer/).
People like to talk to hear themselves. There will never be an annexation of Canada unless it is far into the future and we no longer recognize borders, possibly a hundred years or more (??) Americans still have a better life than most of the free world. I wouldn't move anywhere that the leader is so far left. Living costs, taxes, and social limitations would stop most rational people. If they want that, then moving to California may be better.
These people helped kill Canada by supporting mass immigration from dissimilar cultures.
Douglas Judson is an absolute cancer to society. He abuses the system to get what he wants and discriminates against anyone who doesn’t believe in his views. He literally threatened to take peoples houses, cars, toys and money away for simply not supporting LGBTQ. What he’s doing to the town of Emo is only hurting the LQBTQ community. He’s only causing the public to resent them even more and support them less. I called him out on Facebook a couple days ago for abusing the system and he responded with “CALL A WAAAMBULANCE”. What an unprofessional POS
Where’s #135?
Apologies -- I got a bit behind, but have finally got it all up to date again. :)
Laughable
Great interview, I learned a lot
I love the podcast. You should promote it more in CAPIC and all CPD providers.
Great suggestion! Open to suggestions about how/where we might best do that! 🤣🙏🏻
Such a great information. Thank you for making this 🌟
Glad you enjoyed! Thanks for the feedback.
One thing you didn't talk about is the public opinion on Immigration. Since last year a large majority of Canadians want fewer immigrants, the government just realized this and are pulling back. They are now just focusing on industries they think need more workers. If the public opinion doesn't change, we will see even more cuts.
Oh -- we talk about this a whole bunch -- in episodes 120 and 130, in particular. Very much agreed.
The problem with dropping STEM is that it didn't just include Tech. It also included engineers, architects and such that we need for construction. They could have just dropped the NOC codes that weren't in high demand and fine tuned it but that requires then to not to be incompetent. It's the same with healthcare. There's a bunch of NOC codes in there are susceptible to fraud (like pharmacy assistants that don't require a pharmacy background, "miscellaneous duties" kind of NOC codes). They need to be dropped.
Great feedback. Couldn’t agree more about their decision-making by sledgehammer approach. (Deanna here, in case that wasn’t obvious 🤣)
The francophone targets don't even make sense. What's the point of bringing in people who can't even clear 450 in the CRS system or sometimes even 400 (i.e., 50+ points someone eligible CEC) ? It's purely poilitical and doesn't seerve anyone any good. What's someone who has intermediate level french and no canadian connection (no work exp, degree etc) supposed to be doing in Vancouver or Calgary? They will eventually just be forced to do low skilled work (probably drive an Uber) and then eventually make their way to get Quebec to get a decent job. It would have made more sense if they considered bilingualism which is an actual skill and requires some effort, and would at least set them up to get some kind of job in anglo-canada.
Couldn’t agree more.
I agree about everything except your rant about Francophone draws. Also Deana said you need clb 5 to qualify which is wrong its clb 7.
Thanks for fact checking for us, much appreciated. As to the francophone rant - to be clear, we are both very much in favour of francophone culture, we just don’t feel convinced that language proficiency in French should be treated as more important than the other CRS factors, particularly Canadian work experience and Canadian education. But very much appreciate your feedback. 🙏🏻
Has Mark Miller ever thought about a mass flood of immigrants coming to the canadian border after Trump starts to round up the flood that came to USA. Has Mark Miller even dared to think of that?? Or is he asleep on the job?
Good questions!
At the time I didn't agree with your stance on Immigration, but boy were you right. You had probably the best run immigration system in Canada, ever. Thank you so much for your service to this country.
also there is a missing point about immigrants that its a longterm investment that pays off after 3-5+ years in terms of income basis of immigrants vs citizens
Our upcoming episode (with Alice Craft, coming on Tuesday) really highlight this point, I think. But we are definitely in agreement here… 🙏🏻
@@borderlinespodcast reply was a little bit emotional, but I do really appreciate it and value your work Steven thank you so very much specially the articles on their website about H&C
@@borderlinespodcast you are a human before a lawyer, most of the lawyers I dealt with are mainly either script machines or money pits with no clear guiding
immigrants are not an investment if the economy does not exist to sustain them and we've very clearly seen a limit to Canada's economic growth that has been completely outstripped by the inappropriate quantity of immigrants without any preexisting advanced education qualifications. The leftist parties of Canada intentionally want to restrict economic growth while psychotically and intentionally flooding the country with persons that will cause the opposite of an investment and increase the amount of crime and socio-political chaos so as to invite the induction of a police state. The immigration rate that was prevalent during Harper's administration was not only optimal for Canada, but necessary.
I dont agree with that gdp per capita is indicative of anything , take Ireland for example.
Very insightful episode! Thank you, Deanna and Steven
Thank you, @rodrigoqintanilha3914. Wait til the next one comes out with Mike Moffat. It was a very fun one to record….
Hi Steven/Team, 𝗥𝗲𝗰𝗲𝗶𝘃𝗲𝗱 𝗜𝗧𝗔 𝗶𝗻 𝗠𝗮𝗿𝗰𝗵 𝟮𝟬𝟮𝟰 (𝗔𝗢𝗥 - 𝗔𝗽𝗿𝗶𝗹 𝟮𝟬𝟮𝟰), 𝗮𝗻𝗱 𝗼𝗯𝘁𝗮𝗶𝗻𝗲𝗱 𝗣𝗥 𝗶𝗻 𝗦𝗲𝗽𝘁𝗲𝗺𝗯𝗲𝗿 𝟮𝟬𝟮𝟰. Since January 2024, I’ve been living with my partner (dating since September 2023) but didn’t declare this in my PR application as we hadn’t reached the 1-year cohabitation/common-law mark. We are still unmarried. 𝐐𝟏. Was not declaring the relationship an issue, given we weren’t legally common-law at the time of the application? What should have been done? 𝐐𝟐. If I receive a Procedural Fairness Letter (PFL), what’s the best course of action? Thank you!
Hello! @deanna okun-nachoff here! I don’t see any misrep here as the relationship was neither a marriage nor a CL relationship at the time of filing nor at the time of landing. In my view you are a-okay. Congrats on your new PR status!
@@borderlinespodcastMany thanks @deanna okun-nachoff for your prompt response. Thank You!
Hi Steven, love the podcast and I have been following your Twitter for quite some time. Your podcast left me with some questions. About 10 years ago, when I was a minor, I was given a 221(g) and approved a few days later with the requested documents. Since then, my understanding was always that I was approved. So for all my applications with IRCC, I answered "No" and was approved for all of them. I have submitted my PR application for a few months now. For this application, I also answered "No" and disclosed in my LOE that this happened but my belief was that it's not a refusal. In this case, should I raise a CSE to change my question to "Yes" and disclose it again through the webform? If you can give me some pointers, that would be great. If not, still love the podcast and it has given me a lot of valuable information along the way.
@deanna okun-nachoff here. My opinion, from the discussion, is that the important thing is that you disclosed it in the LOE. That, imho, spares you a misrepresentation allegation, since you did not withhold any facts. I see no need to change the answer bc I think the correct answer is actually ambiguous.
@@borderlinespodcast Thank you Deanne, I decided to err on the safe side and just sent a web form stating that I want to change my answer to "Yes", and providing explanation on why there's a discrepancy between my current application and my previous applications,. If for some reason I get a PFL, or a misrepresentation allegation, I will definitely contact your firm for assistance.
Amazing episode. Thank you Steven, Siavash, amd Deanna.
Glad you enjoyed it!
Miss you Amanda, long time no see
I read the Abdool decision (2024 FC 1172) as well as your discussion here and the discussion on Will Tao’s twitter thread. From my perspective, the judge’s decision turns on the line Abdool at para 39 “In the case before me, the Applicant’s evidence suggests that the misrepresentation was not innocent. The transcript of the questioning indicates that the Applicant knew he could not voluntarily remain in the US and that US customs officials found him inadmissible for misrepresentations. “ The online discussion is silent on this aspect of the case. To Deanna’s point that a US refusal is already available to IRCC and would not alter the process, the US questioning transcript may not be available unless it is requested for a specific reason. Had US customs not accused Abdool of misrepresentation or had the questioning transcript not been available I believe this case could have turned out differently
Excellent comments - thanks for sharing. In our upcoming episode, I (Deanna here) came to learn more about what could be behind a US refusal, which indeed makes more fraught the undisclosed cases and the potential for a finding of materiality. That said, I still bristle with these “gotchas” - when applicants are asked questions that IRCC knows the answers to and then drastic consequences arise. Was interesting to learn that in the US, there is no question about Canadian refusals…
Great interview! I've sent this link out many times. Any idea if there is a litigator in Manitoba who does this type of work?
We don’t, unfortunately. Ditto for most other provinces. But I’m guessing that if you find a good civil litigator and introduce them to a strong case, they may realize that there is a whole line of work here….
What a great episode! I loved the victimhood vs. empowerment comparison when it comes to these applications. I loved this episode and hearing the thoughts of these great advocates for TFWs in Canada (me being one myself). Thank you!
Is there any template for applicants' records available?
Not that I know of. When I first started doing federal court practice, I prepared a record by following federal court forms and practice directions and then leaned on a senior practitioner to review and offer feedback. Over time we all just develop our own precedents, and thankfully the immigration bar is exceptionally collegial.
@@borderlinespodcast Being a self represented litigant I learnt it myself. I got a settlement offer :)
Excellent interview.
Hi Thank you for your useful and perfect video. I have one question. Now what is the best way for getting visa in Canada? Tourist visa or study visa when your first relative lives in CANADA. Thanks a lot.
There is no one single "best way" to get to Canada, and indeed all pathways are getting harder to navigate these days. A person's best strategy will depend entirely on the their individual interests, intentions and qualifications. Canadian immigration lawyers and registered immigration consultants can advise on a specific "tailor made" strategies. Just be sure that they are fully licensed and credible. :)
@@borderlinespodcast Thank you Can I have a consultation with a former visa officer? If it is available, please send me the link to book an appointment.
Love these
You mean just episodes with ex-visa officers? If so, you’re in good company. 🤣
Promo-SM 💯
Such a great discussion raising so many issues. It's hard to know where to start with what is most urgent. In many ways the decision is shocking and most worrying. Chilling as Deanna mentions. As Steven says it's like Minority Report in real life!
Very interesting! This is quite different from your usual discussions. BTW - Deanna's question at 25:00 was amazing. So detailed and clear! This area of law seems to be quite interesting (but I'll stay away from it. LOL)
Excellent conversation! I first heard this as a podcast and then came here to see the video. I will say that it's easier to take it in as a video as you can see the faces and easily see who is speaking.