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Levine Associates Attend the 2018 LAO Refugee Law Conference

On June 27, 2018, the Legal Aid Ontario Refugee Law Conference was held at the Jackman Law Building at the University of Toronto. In the spirit of legal excellence and to benefit from the discussion of the wide range of topics regarding the evolving state of refugee law in Canada, Levine Associates attended the Conference….
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Posted in Immigration Refugee Law In the Media |

The Trumpist Contagion

The Trumpist Contagion?   The sequence of facts I am about to reveal sounds so far fetched, so Orwellian in its bureaucratic absurdity that one would assume I am either writing a piece of fiction or describing a sequence of events in some far off dysfunctional country in Africa or the Middle East.  Sadly, this…
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Posted in Immigration Refugee Law Case Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates Firm News Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

“Legacy Claims” The Forgotten Refugees – An Update

Introduction of New Law Legacy Claims – The forgotten Refugees – UPDATE It has now been about 18 months since the Liberals came to power with the promise of unwinding some of the more Draconian Immigration amendments which were introduced by the former Harper government. In July 2016, I published an article on the status…
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Posted in Immigration Refugee Law Uncategorized |

What a Trump presidency could mean for Canadian Immigration

  Now that Donald Trump has become the official Republican candidate for the presidency of the United States, it is time to consider what impact his election might have on Immigration to Canada. 1)      Clearly, Trump has committed himself to removing millions of illegal Mexicans from the United States.  One would expect some percentage of these immigrants to attempt…
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Posted in Immigration Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

“Legacy Claims” The forgotten Refugees

Introduction of New Law In December 2012 Immigration completely revamped the refugee system.  Perhaps the most dramatic change, was to statutorily require that most new refugee claims complete within 60 days of the claimant’s arrival in Canada.  This timeline compares with the 1 to 3 year waits claimants faced prior to the introduction of the…
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Posted in Immigration Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog Uncategorized |

Understanding the “First Safe Country” Concept and Why it’s Obsolete

  Understanding the “First Safe Country” Concept and Why it’s Obsolete Until the Syrian refugee crisis, it was accepted by those who practice refugee law that a claimant’s failure to make a claim in the First Safe Country—also known as Forum Shopping—could be interpreted by decision makers as evidence that a claimant lacked a subjective…
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Posted in Refugee Law In the Media Case Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

Cessation Applications

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…
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Posted in Immigration Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

Board Abolishes Screening Forms

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…
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Posted in Refugee Law Case Law |

Refugee Reform – One Month Later

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…
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Posted in Immigration Refugee Law |

Can I make a second refugee claim?

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…
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Posted in Refugee Law |

Guarantee of Success misleads

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…
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Posted in Immigration Refugee Law |

New Refugee Laws – Review

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…
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Posted in Immigration Refugee Law |

REFUGEE STATUS FOR THOSE IN PERIL IN THE MIDDLE EAST

I recently received an inquiry from a friend worried about relatives in Syria and wondering what steps could be taken to bring their relatives to the safety of Canada.  The question is complicated and requires a little background. Most people are unaware of the fact that we have laws which create two distinct refugee systems. …
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Posted in Immigration Refugee Law |

I am a successful Refugee claimant. When can I apply for Permanent Residency?

Question: How long do I have to apply for Permanent Residency after the acceptance of my refugee claim? Answer: Under the current legislation a successful refugee claimant is required to apply for permanent residency status within 180 days of the Board’s positive determination.  Immigration’s own materials indicate that the 180 day clock begins when the…
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Posted in Immigration Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

Who is a refugee?

The notion of who does and doesn’t qualify for refugee status is one many countries grapple with. The formal, internationally recognized, definition of a refugee is set out in the United Nations Convention Relating to the Status of Refugees, which established the rights of people seeking asylum in a country other than their own and…
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Posted in Refugee Law |

Bill C-31 and the Balanced Refugee Reform Act

I have been asked several times how it can be the case that the Balanced Refugee Reform Act (BRRA) which was to be in force in June 2012 can be extended beyond that date.  For those of you involved in the refugee field you will recall that the legislation was originally scheduled for implementation in December 2011….
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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

What is the success rate for refugees at the Immigration and Refugee Board?

Success at the IRB depends on many factors. For example, different countries have radically different success rates. Claimants coming from “refugee producing countries” such as a Afghanistan or Somalia would naturally have much higher rates of success than claimants from countries such as the U.S. or Europeon countries which typically have human rights records similar…
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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

If I am determined to be a Convention Refugee does that make me a Canadian citizen?

Upon receiving a positive determination at the Refugee Board, you are generally, with certain limited exceptions, entitled to apply for Permanent Residence. Such applications must be made within 180 days of being notified of your positive decision. Once you obtain your status as a Permanent Resident you must maintain your residence in Canada for 3 of the prior 4 years in order to be eligible to apply for Canadian Citizenship.

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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

Do I have to make a refugee claim at the border or can I claim within Canada?

Claims may be made either at a POE (point of entry) upon arrival in Canada or inland at a designated CIC office. Board Members may draw negative inference where there has been significant delay from the time of the claimant’s arrival in Canada to the time of an inland claim is made.

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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

Can I make a refugee claim in Canada if I have previously claimed in Canada?

No. The Immigration and Refugee Protection Act prohibits refugee claims where a claim has been made previously.

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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

Can I make a refugee claim if I have made a claim in the United States?

There are presently no bars against making refugee claims in Canada if you have previously claimed refugee status in the U.S.  However, if you claimed in the U.S. and you were sucessful resulting in U.S. status, such status would exclude you from the provisions of the Immigration and Refugee Protection Act.

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Posted in Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

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