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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 |

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 |

Trump energizes Immigration inquiries to Canada

Has Trump’s bluster gotten you interested in Canada? The coming American presidential election has given way to a great deal of interest on the topic of “moving to Canada”. The question of whether this is feasible can only be answered on a case-by-case basis. There are a number of different avenues for immigration to Canada,…
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Posted in Immigration 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 |

Levine gives interview to CTV regarding Taiwan smuggling ring

In an interview on CTV Express today Mr. Levine discussed a recent article in the Taiwan Times which reported that a massive smuggling ring was recently discovered operating in Taiwan.  The discovery of the ring was a result of an international effort involving authorities from Taiwan, Canada and Australia.  The smuggling ring had been sending…
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Posted in In the Media Firm News Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

HUMANITARIAN AND COMPASSIONATE APPLICATIONS

What is a Humanitarian and Compassionate Application? Immigration terminology is often arcane and complicated and no more so than when I was asked whether I was able to do an “agency” application for a client.  After some further questioning I realized that my client had misheard the term “H&C” which when spoken quickly sounds much…
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Posted in Immigration Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

Citizenship in Canada: Who is a Resident?

Given the shocking amount of legislative change, both enacted and proposed by the Harper government over the past number of years I remain both puzzled and amazed that the government has not sought to bring some legislative clarity to the area of Citizenship law in Canada.  Some background is necessary in order to understand how…
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Posted in Immigration Toronto Immigration Law, Toronto Refugee Law, Levine Associates Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

IRB wrong to find no persecution in Guangdong Province

Immigration lawyer Shelley Levine of Levine Associates has succeeded in a Judicial Review application before the Federal Court, to overturn an Immigration and Refugee Board decision which found that there was no evidence of recent persecution of Christians in Guangdong Province.  The case is only the most recent instance of the Board’s failure to properly assess…
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Posted in Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

Success at the Federal Court – Court follows Wang and determines trivia questions are not an appropriate means of testing religious identity

Immigration and Refugee lawyers at Levine Associates have won another Federal Court case which follows in the footsteps of Wang v. M.C.I. which found that questioning claimants by “way of trivia” is not a fair way to assess religious identity.  Shelley Levine argued the case of Wang v. M.C.I. which was prominently reported in the…
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Posted in Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

A Day in the Life at the IRB for an Immigration Lawyer

Sometimes a day at the IRB can be an exercise in frustration. I attended this morning for a hearing involving a mother and her daughter. The mother speaks Vietnamese and her daughter speaks Mandarin which entailed having two interpreters present to ensure all parties understand the proceedings. After waiting for 20 minutes without the arrival of a Board Member I decided that it was time to investigate.

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

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 |

Vancouver FamilyLaw Website picks up on Girgis article

Note that in British Columbia the new Family Law Act (not yet in place) will give common law couples rights similar to married couples’ rights.

Cohabitation agreements help give common-law spouses same rights as married couples

Before moving in together, couples should recognize that common-law spouses do not have the same property rights as married people.

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

Jason Thomas of Levine Associates comments on Refugee claims show inconsistent approval rates

Analysis of data for 2011 shows that the chance of success of a refugee’s plea to stay in Canada can depend on who hears the case at the Immigration and Refugee Board (IRB).

Read more at the CBC News

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

Shelley Levine quoted in regard to IRB adjudicator rebuked by court for refusing man who failed Catholic ‘trivia’

The task of separating the devout from the fraudsters among those claiming refugee status in Canada for religious persecution cannot be divined by peppering someone with “trivia” questions, the Federal Court has ruled.

The judicial chastising of the way an Immigration and Refugee Board adjudicator tried to ferret out bogus refugees stems from the case of a man who fled China saying he fears persecution for being a Roman Catholic. He was refused because of his answers to questions about Catholic tradition.”

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Posted in In the Media Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

Fluctuations in refugee rulings trouble critics

Some critics call it a lottery, others call it Russian roulette.

A CBC News analysis shows dozens of members of the Immigration and Refugee Board are overwhelmingly refusing claims for asylum in Canada, while others are overwhelmingly approving them.

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Posted in In the Media Toronto Immigration Law, Toronto Refugee, Levine Associates, Blog |

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