Borderlines

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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Laura Best is an immigration lawyer practicing in Toronto. We discuss refugee resettlement and Canada's housing crisis, as well as whether Canada's housing shortage is impacting support for immigration.

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There has been an increase in security screening in Canadian visa applications for residents of several countries.Chen v. Canada (Citizenship and Immigration), 2023 FC 885 is the first Federal Court of Canada decision to discuss mandamus in the study permit context. Mandamus applications are actions to the Federal Court of Canada to compel IRCC to conclude the processing of a delayed application.

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This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from 1911 which stated that for a period of one year black people would not be permitted to immigrate in Canada because the Canadian government deemed them unsuitable to Canada's climate.

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Will Tao is a Canadian immigration and the founder of Heron Law Office. During this episode we discuss what got Will into immigration law, why he started his own firm, how he balances client files, advocacy and family life, whether he will take paternity leave after his second child is born, whether he thinks it is possible to take lengthy sabbaticals, his approach to practice and his general apporach to the practice of law.

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This episode is a joint recording of Borderlines and Ask Kubeir, a popular YouTube channel about Canadian immigration news and updates, hosted by Kubeir Kamal, a regulated immigration consultant in Toronto.We discuss how obtaining Canadian permanent residence is becomming more difficult for several groups, including recent international graduates, as well as how some immigrants feel let down by the high cost of living and the inability to get their credentials recognized.

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Jandu v. Canada (Citizenship and Immigration), 2022 FC 1787, was a decision where the Federal Court quashed several visa refusals and misrepresentation findings for truck drivers. The case raised several interesting issues, including the roles of Service Canada and IRCC in assessing genuineness, and what documentation visa officers can reasonably expect work permit applicants to provide. Rafeena Rashid and Jelena Urosevic were counsel for the refused truck drivers. 3:00The facts of Janndu11:00Conflicts when representing employers and employees. 13:00The lack of communication between Service Canada and IRCC when it comes to work permit applications. 20:00Assessing genuineness. 23:00Unreasonable documentation requests. 28:00Lessons from the case for future work permit applications. 37:00The distinction between a lack of genuineness and a finding of misrepresentation. 54:00What is the line between misrepresentation and lack of genuineness?

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Sean Rehaag is an Associate Professor at Osgoode Hall Law School, the Director of the Centre for Refugee Studies and the Director of the Refugee Law Laboratory.Today we discuss his use of GPT to conduct legal research, artificial intelligence and decision making, differential results in Federal Court and Immigration and Refugee Board decisions, and how to identify if differential outcomes are actually a problem or significant.2:00Using GPT to conduct research. 14:00Issues with unreported decisions or decisions lacking precedential value. Do all decisions need to have precedential value given that it results in inconsistent jurisprudence? 19:00AI making decisions vs. AI helping to write decisions. 22:00Bias in decision making in LGBT claims around physical appearance. 28:00AI leading to uniformity in decision making. 38:00The receptiveness of the Federal Court to research into judicial decision making. 42:00Forum shopping as a result of judicial research. 46:00Should AI play a role in helping judges write decisions. 52:00Baker as an example of transparency in decision making. 54:00Is it possible to tell if AI is starting to render unintended decisions? 1:05Trauma in refugee decision making. 1:14How do you decide if differential results are problematic? For example, asylum claims for lesbians are higher than gay which is also higher than bi. Is this a problem?

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Raj Sharma is an immigration lawyer in Calgary. He can be found on Twitter at @immlawyercanadaTopics:1:30 - Addressing divergent case law15:30 - Globe and Mail story about waiving TRV eligibility requirements to clear backlogs23:00 - Chat GTP replacing lawyers and visa officers31:00 - Processing delays36:00 - Mandamus42:00 - Open work permits for spouses of Canadians56:00 - C-10 work permits and Express Entry57:00 - A world in which GCMS notes are provided instead of refusal letters1:00 - Is the practice of immigration law getting less fun?

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Tamara Mosher Kuczer is the Founder & Principal Lawyer of Lighthouse Immigration Law Professional Corporation. She can be found on Twitter @ttrrmk.5:00How would you summarize 2022 for Canadian immigration? 13:23Favorite development in Canadian immigration law25:00Least favorite development in Canadian immigration39:15Favorite Federal Court decision52:00What should people watch the most in 202356:00What might happen this year that people might not be expecting? 1:04What will happen with the Self-Employed Class and Start-Up Visa Program? 1:09Will Express Entry take under 6 months again and will there be a draw in the Parent & Grandparent Program? 1:12Predictions for citizenship and abolishing PR Cards.

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