News & Articles

Introduction Under present Canadian Immigration Law, Permanent Residents (PR) and Foreign Nationals (FN) can find him or herself inadmissible as a result of various kinds of criminal activity[1].  In this article I intend to briefly deal only with those issues related to offences committed in Canada.  I When a criminal lawyer handles the case of […]

Until recently, refugees in Canada have correctly assumed that a positive determination would entitle them to remain in Canada permanently. In fact, until legislative changes in 2012, once a refugee obtained permanent resident status, refugees were guaranteed the right to remain in Canada permanently unless the claimant violated Canadian law, which in some cases resulted […]

On June 20, 2014 the Federal Government announced the much anticipated changes to the Temporary Foreign Worker Program (“TFWP”). In this article we provide a brief overview of the changes as well as some of the areas that still remain uncertain. The New Program a. Wages and Skill Level The Federal Government previously introduced a […]

In February 2014 the government tabled Bill C-24 which proposes a number of significant changes to existing citizenship law.  While some changes will work to the advantage of most applicants we are of the view that many permanent residents would be well advised to proceed under the present legislation. 1)   Under the present law a […]

In the recent case of Zhen Xiang, 2013, FC 256, lawyers from Levine Associates argued that the Board member had erred by failing to put the claimant on notice, prior to the hearing, that it had concerns about the accuracy of the photograph in the claimant’s Resident Identity Card. The Court noted that the Screening […]

Refugee Reform – One Month Later January 15, 2013 marked the one month anniversary since the government embarked on a radical reform of refugee law in Canada.  A common misconception amongst critics of Canada’s refugee system is that the old refugee system was beyond repair and in desperate need of overhaul.  They argue wait times […]

Q.  I made a refugee claim in 2005 and then was deported and have now returned and wish to make a refugee claim.  Am I eligible?   A.  No.  IRPA indicates at s. 101 that a person who has been rejected by the Board previously is not eligible.  The section is not limited by time […]

S.SamuelLevine,Immigration Lawyer   Recently I have had two different prospective clients attend at my office asking whether I could guarantee the success of their case. In the first case, the client asked whether I could guarantee a victory before the Immigration and Refugee Board.  When I advised the client that even if I were of […]

Canada’s new Refugee System: The good the bad and the ugly Introduction: After years of legislative amendments and delays, the government has finally announced a concrete implementation date of December 15, 2012 for Canada’s new refugee system. After that date people entering Canada or people already in Canada who make refugee claims will be subject […]

By most estimates marriage fraud is a serious problem in Canada. [1] There are generally two kinds of marriage fraud the government has been focusing on.  The first typically occurs when a Canadian citizen or permanent resident enters into a contractual relationship with a foreign national whereby the person with status agrees to either marry […]