Tag Archives: deportation

Faster Removal of Foreign Criminals

April 19, 2013 – The Faster Removal of Foreign Criminals Act, Bill C-43, proposes major changes to the Immigration and Refugee Protection Act that will limit avenues of appeal to permanent residents with convictions, and give the Minister of Citizenship, Immigration and Multiculturalism much more discretion in matters of admissibility.

The Act passed its third reading in parliament in February, and entered its second reading in the Senate April 18, 2013.

Currently, admissibility appeals may be filed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board by permanent residents sentenced to less than two years in Canada. This would be limited to those who are sentenced to less than six months.

Those who have committed, or have been convicted of, a crime outside Canada that, if committed in Canada, would be punished by a maximum sentence of 10 years or more, could not appeal to the IAD.

A foreign national deemed inadmissible on grounds of security, human rights or international rights violations or organized criminality, would no longer be able to apply under Humanitarian and Compassionate grounds.

When considering a request for relief from inadmissibility, the Minister of Public Safety would not be able to consider Humanitarian and Compassionate grounds, but rather limit the scope to national security and public safety factors.

Those with a family member who is inadmissible on the grounds of security, human rights or international rights violations, or organized criminality would no longer be able to visit Canada even when traveling alone.

However, those with family members who are inadmissible on grounds of serious criminality, criminality, health, finance, misrepresentation or non-compliance would be able to enter temporarily.

Misrepresentation currently makes an individual inadmissible for two years; this number would be increased, and the foreign national would be prevented from applying for permanent residence or temporary entry for a period of five years.

In October, 2012, the Minister of Citizenship, Immigration and Multiculturalism  introduced changes that would give his office the power to bar foreign nationals from entering the country temporarily on public policy reasons for up to three years. The first instance where this power could be used would be in cases where a foreign national is proven to have made public statements to promote terrorism or terrorist violence, incite hatred against a specific group, or promote serious criminal activity. Secondly, the Minister could bar a foreign national who is or was a senior official of a government under sanctions, or a corrupt foreign official.

Other notable changes include the following:

  • The Minister could set regulations imposing conditions on those involved in an application, such as employers or educational institutions.
  • Regulations would set mandatory minimum conditions such as regular monitoring for those with a removal order from Canada on grounds of security, or who have a security certificate issued against them. Currently, such conditions are at the discretion of immigration officers, the IAD or the Federal Court.
  • Applicants would have to attend an interview with CSIS if requested to do so by the Canada Boarder Services Agency.
  • Permanent residents who wish to renounce their status would do so through an application rather than through an administrative process.
  • Regarding Ministerial Relief for those who are inadmissible, a formal application process would be created (as opposed to an administrative one), although the Minister could still grant relief without an application.
  • Whereas acts of espionage against “any democratic government, process or institution” currently make foreign nationals and permanent residents inadmissible, the new legislation would change this to acts of espionage against “Canada or contrary to the interests of Canada.”

– Written by Richard McKergow, a Paralegal licensed by the Law Society of Upper Canada and guest author on this site.

Posted in News in Immigration | Tagged

Immigration Canada Designates Countries of Origin

February 15, 2013 – Citizenship and Immigration Canada (CIC) now has 35 countries listed as Designated Countries of Origin (DCO), 27 in effect as of December 15, 2012 and an additional eight as of February 15, 2013.

DCOs are considered not to be refugee producing by CIC, in that they offer state protection against persecution and have a good human rights record. This is according to the number of claims made and the number of claims abandoned. A country may be designated if in the previous three years there were less than 30 finalized claims within any consecutive 12-month period. Additionally, country conditions, including having an independent judiciary, the respecting of democratic rights and freedoms, and the existence of civil society organizations are considered.

However, DCO claimants have a shorter time to make a claim and fewer avenues of appeal than those making claims from non-designated countries.

DCO claims may still be heard before the Refugee Protection Division of the Immigration and Refugee Board. Yet DCO claims made inland will be heard in 30 days, and those made at a port of entry will be heard in 45 days. Non-DCO claimants will have 60 days to prepare for the hearing.

Additionally, DCO claimants do not have access to the newly created Refugee Appeal Division, but may seek judicial review of a negative decision in Federal Court. DCO Claimants in such circumstances will not receive an automatic stay of removal once judicial review is sought. This means that such a claimant may be removed while the court application is pending. However, a claimant in these circumstances may ask the Federal Court to stay their removal.

Although an application for a Pre-Removal Risk Assessment (PRRA) is barred to failed refugee applicants for one year of the rejected claim, DCO claimants cannot apply for a PRRA within three years after the claim has been rejected.

– Written by Richard McKergow, a Paralegal licensed by the Law Society of Upper Canada and guest author on this site.

Posted in News in Immigration | Tagged

Review by Patricia G.

Review of Steven Tress

by: Patricia G.

I would not hesitate to recommend Steven Tress to someone who is facing deportation from Canada and is seeking the advice and assistance of an Immigration Lawyer. My husband and I were facing removal from Canada. We have a young child who was born here and we were concerned for our safety and the safety of our child. Steven reviewed our case and obtained an order from the Federal Court for a stay of our deportation. He worked hard on our case and met with us often, sometimes late into the evening. 5 stars

Posted in Immigration Lawyer Reviews | Tagged ,