Immigration
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September 04, 2024
Immigration officials likely breached non-refoulement duty by ‘improper’ deportation of Rwandan
A judge has reiterated to immigration authorities that when the Federal Court issues a production order before the court decides whether to judicially review the refusal of an application for a pre-removal risk assessment (PRRA) it is a clear signal that the court is likely to grant leave and immigration officials should therefore “scale down” their enforcement strategies, not escalate them via an “improper” and precipitous deportation of a failed asylum claimant.
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September 04, 2024
New measures to control Temporary Foreign Worker Program insufficient
The recent announcement regarding the Temporary Foreign Workers Program (TFWP) is a small step towards addressing a pressing problem.
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September 03, 2024
Managing increased U.S. immigration filing fees for cross-border companies
In April 2024, U.S. Citizenship and Immigration Services (USCIS) enacted dramatic increases to U.S. immigration filing fees, with many employment-based categories exceeding $1,000 in government fees per employee. For Canadian companies with cross-border workforces, such fees create a new burden to doing business in the United States.
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August 29, 2024
New international practitioner for Segev
Boaz Nahshoni who is called to practise in the State of New York and in Israel is joining the business, technology, securities and gaming law firm Segev LLP.
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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.