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Page 1: English immigration seminar
Page 2: English immigration seminar
Page 3: English immigration seminar

IMMIGRATIONIMMIGRATIONPresented by:Presented by:

Me Herbert Brownstein &Me Herbert Brownstein &

Me Mitchell BrownsteinMe Mitchell Brownstein

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Page 5: English immigration seminar
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INTRODUCTIONINTRODUCTION

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INTRODUCTIONINTRODUCTION

This Seminar will try to provide:This Seminar will try to provide:

A A general presentation of the immigration general presentation of the immigration programsprograms

Canadian citizenshipCanadian citizenship

A short presentation A short presentation of immigration juridictions of immigration juridictions and the pertinent jurisprudence.and the pertinent jurisprudence.

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GLOSSARYGLOSSARY

I. I. Temporary immigration program Temporary immigration program

II. Permanent immigration programII. Permanent immigration program

III. III. Canadian citizenship process Canadian citizenship process

IV. Judicial jurisdiction: “The Dragon Case”IV. Judicial jurisdiction: “The Dragon Case”

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I. TEMPORARY IMMIGRATION I. TEMPORARY IMMIGRATION CATEGORIESCATEGORIES

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A. Working in CanadaA. Working in Canada

A work permit is usually required to work temporarily in Canada.

If the applicant wants to work in the Province of Québec he also has to get a Québec Acceptance Certificate.

The application can be filed from inside Canada, from outside or even on one’s arrival in Canada, depending on the circumstances.

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Categories exempt from Work PermitsCategories exempt from Work Permits

Athletes and coachesAthletes and coaches

Aviation accident or incident Aviation accident or incident investigatorsinvestigators

Business visitorsBusiness visitors

Civil aviation inspectorsCivil aviation inspectors

ClergyClergy

Convention organizersConvention organizers

Crew membersCrew members

Emergency service providersEmergency service providers

Examiners and evaluatorsExaminers and evaluators

Expert witnesses or investigatorsExpert witnesses or investigators

Foreign government officersForeign government officers

Family members of foreign Family members of foreign representativesrepresentatives

Foreign representativesForeign representatives

Health-care studentsHealth-care students

Judges, referees and similar Judges, referees and similar officialsofficials

Military personnelMilitary personnel

News reporters, film and News reporters, film and media crewsmedia crews

Performing artistsPerforming artists

Public speakersPublic speakers

Students working on campusStudents working on campus

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A. Working in CanadaA. Working in Canada

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1. The Labour Market Opinion (LMO)1. The Labour Market Opinion (LMO)

2. The NAFTA2. The NAFTA

3. Intra-company transfers3. Intra-company transfers

4. The Live-in Caregiver program4. The Live-in Caregiver program

A. Working in CanadaA. Working in Canada

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1.The Labour Market Opinion (LMO)1.The Labour Market Opinion (LMO)

Every year, Canadian employers hire foreign workers Every year, Canadian employers hire foreign workers to help address skill and labour shortages.to help address skill and labour shortages.

In most cases, the employers must file an application In most cases, the employers must file an application for LMO.for LMO.

The purpose of the LMO is to assess the impact of the The purpose of the LMO is to assess the impact of the foreign worker in the Canadian labour market.foreign worker in the Canadian labour market.

A. Working in CanadaA. Working in Canada

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2. The NAFTA 2. The NAFTA (North American Free Trade Agreement)(North American Free Trade Agreement)

Members: Canada, USA and MexicoMembers: Canada, USA and Mexico

Deals with temporary admission of businessmen and professionalsDeals with temporary admission of businessmen and professionals Creates one of the world’s largest free trade zonesCreates one of the world’s largest free trade zones Encourages economic growth and rising prosperityEncourages economic growth and rising prosperity

businesspeople/visitorsbusinesspeople/visitors

negotiate the sale or purchase of goods and servicesnegotiate the sale or purchase of goods and services

Market and provide after-sales services.Market and provide after-sales services.

Example : Business visitors from the USA or Mexico can enter Example : Business visitors from the USA or Mexico can enter Canada to sell their goods or services.Canada to sell their goods or services.

A. Working in CanadaA. Working in Canada

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3. Intra-company transfers3. Intra-company transfers Conditions:Conditions:

The applicant must have a letter from a company which is carrying The applicant must have a letter from a company which is carrying on business in Canada which identifies the holder as an employee of on business in Canada which identifies the holder as an employee of a branch, subsidiary or parent of the company located outside of a branch, subsidiary or parent of the company located outside of Canada;Canada;

He must seek entry to Canada to work in an executive or managerial He must seek entry to Canada to work in an executive or managerial position or have specialized knowledge and have an intention to work position or have specialized knowledge and have an intention to work for a temporary period;for a temporary period;

A written job offer from a senior officer of the Canadian Company, A written job offer from a senior officer of the Canadian Company, addressed to the CIC is required;addressed to the CIC is required;

The applicant must prove that they have been working for the foreign The applicant must prove that they have been working for the foreign company for at least 1 year in the 3 years preceding the application.company for at least 1 year in the 3 years preceding the application.

A. Working in CanadaA. Working in Canada

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4. The Live-in Caregiver program4. The Live-in Caregiver program

Live in caregivers are individuals who are qualified Live in caregivers are individuals who are qualified to provide care for children, elderly persons or to provide care for children, elderly persons or

persons with disabilities in private homes without persons with disabilities in private homes without supervision. supervision.

They must live in the private home where they work They must live in the private home where they work in Canada.in Canada.

A. Working in CanadaA. Working in Canada

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4. The Live-in Caregiver program4. The Live-in Caregiver program

Eligibility conditions:Eligibility conditions:

A positive LMO from an employer in Canada;A positive LMO from an employer in Canada; A written contract with the applicant’s future employer signed by A written contract with the applicant’s future employer signed by

both employer and employee;both employer and employee; Successful completion of the equivalent of Canadian Secondary Successful completion of the equivalent of Canadian Secondary

School education;School education; At least 6 months’ training or 1 year of full time work At least 6 months’ training or 1 year of full time work

experience as a caregiver;experience as a caregiver; Good knowledge of English or French;Good knowledge of English or French; A Work Permit issued before entering Canada.A Work Permit issued before entering Canada.

A. Working in CanadaA. Working in Canada

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4. The Live-in care giver program4. The Live-in care giver program

A. Working in CanadaA. Working in Canada

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Canada has one of the best educationalCanada has one of the best educationalsystems of the world.systems of the world.

Every year, thousands of students come from Every year, thousands of students come from other countries to go to Canadian schools, other countries to go to Canadian schools, colleges or universities.colleges or universities.

B. Studying in Canada:B. Studying in Canada: Study PermitStudy Permit

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First, the student must be accepted in an educational First, the student must be accepted in an educational establishment in Canada.establishment in Canada.

After that, he must obtain a study permit if he wants to After that, he must obtain a study permit if he wants to register in a program that lasts longer than 6 months.register in a program that lasts longer than 6 months.

He will have to provide his acceptance letter and prove He will have to provide his acceptance letter and prove that he has sufficient funds for:that he has sufficient funds for:

- School feesSchool fees- Living expenses (for him and any dependents who come with him)Living expenses (for him and any dependents who come with him)- Transport expenses (trip back, …)Transport expenses (trip back, …)

B. Studying in Canada:B. Studying in Canada: Study PermitStudy Permit

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Every year, more than 5 million people visit Canada to Every year, more than 5 million people visit Canada to enjoy the many opportunities our country has to offer ;enjoy the many opportunities our country has to offer ;

To visit Canada one must:To visit Canada one must:- Has a valid travel document, such as a passport;Has a valid travel document, such as a passport;- Be in good health;Be in good health;- Satisfy an immigration officer that he has ties to his home country, Satisfy an immigration officer that he has ties to his home country, such as a job, home and family, that will require that he returns to such as a job, home and family, that will require that he returns to his country of origin;his country of origin;- Satisfy an immigration officer that he will leave Canada at the end Satisfy an immigration officer that he will leave Canada at the end of his visit; andof his visit; and- Has enough money for his stay.Has enough money for his stay.

C. Visiting Canada:C. Visiting Canada: Visitor VisaVisitor Visa

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Depending on one’s nationality, one may have to apply for a Depending on one’s nationality, one may have to apply for a Temporary Resident Visa before entering into Canada.Temporary Resident Visa before entering into Canada.

The Visitor Visa does not allow individuals to work or study in The Visitor Visa does not allow individuals to work or study in Canada. The Visitor Visa is valid for six months from the date Canada. The Visitor Visa is valid for six months from the date

of entry to Canada.of entry to Canada.

If he wishes to extend his visitor status, he must apply 30 days If he wishes to extend his visitor status, he must apply 30 days before the expiration of the visa for an extension.before the expiration of the visa for an extension.

In case of a family visit, each member must file a separate In case of a family visit, each member must file a separate application.application.

C. Visiting Canada:C. Visiting Canada: Visitor VisaVisitor Visa

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II. PERMANENT IMMIGRATION II. PERMANENT IMMIGRATION PROGRAMPROGRAM

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II. PERMANENT IMMIGRATION II. PERMANENT IMMIGRATION PROGRAMSPROGRAMS

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A. Humanitarian and A. Humanitarian and compassionate groundscompassionate grounds

If one believesIf one believes their situation merits their situation merits humanitarian and compassionate considerations, they humanitarian and compassionate considerations, they must clearly outline those reasons in their application.must clearly outline those reasons in their application.

Applications for permanent residence made on Applications for permanent residence made on humanitarian and compassionate grounds are only humanitarian and compassionate grounds are only approved in exceptional circumstances and it could approved in exceptional circumstances and it could take many years to process an applicationtake many years to process an application..

If the applicant has to leave Canada, his application If the applicant has to leave Canada, his application will still be processed.will still be processed.

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A. Humanitarian and A. Humanitarian and compassionate groundscompassionate grounds

Any person can ask to stay in Canada for motives of Any person can ask to stay in Canada for motives of humanitarian concern.humanitarian concern.

Usually, Humanitarian and Compassionates grounds can Usually, Humanitarian and Compassionates grounds can be found in two different situations:be found in two different situations:

HardshipsHardships

RisksRisks

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A. Humanitarian and A. Humanitarian and compassionate groundscompassionate grounds

HardshipsHardships

- Situations that would cause problems of serious Situations that would cause problems of serious suffering;suffering;

- Medical Hardships for the applicant or his family.Medical Hardships for the applicant or his family.

Refusals can be reviewed by the Federal Court of Refusals can be reviewed by the Federal Court of Canada.Canada.

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A. Humanitarian and A. Humanitarian and compassionate groundscompassionate grounds

RisksRisks

The applicant must show that if he is forced to go The applicant must show that if he is forced to go back to his country of origin, he will face back to his country of origin, he will face

torture, persecution, cruel treatment or that his torture, persecution, cruel treatment or that his life is in danger.life is in danger.

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B. The Refugee programB. The Refugee program

A refugee is someone who is out of his country of origin A refugee is someone who is out of his country of origin or of habitual residence and who is not able to go back or of habitual residence and who is not able to go back there because of persecution related to:there because of persecution related to:

- His race;His race;- His religion;His religion;- His political opinions;His political opinions;- His nationality;His nationality;- His belonging to a social group.His belonging to a social group.

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B. The Refugee programB. The Refugee program

A person needing protection is someone who is in A person needing protection is someone who is in Canada and who fears going back to his country of Canada and who fears going back to his country of origin or of habitual residence for the following reasons:origin or of habitual residence for the following reasons:

- Risk of being tortured;Risk of being tortured;- Risk to his life;Risk to his life;- Risk of cruel and unusual treatment or punishment.Risk of cruel and unusual treatment or punishment.

Canada provides protection to thousands of people every Canada provides protection to thousands of people every year and offers refugee protection.year and offers refugee protection.

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B. The Refugee programB. The Refugee program

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C. SponsorshipsC. Sponsorships

A Canadian Citizen or permanent resident may sponsor the A Canadian Citizen or permanent resident may sponsor the following individuals to come to Canada as permanent residents:following individuals to come to Canada as permanent residents:

- Her/his spouseHer/his spouse- Her/his common-law partner orHer/his common-law partner or- Her/his conjugal partner orHer/his conjugal partner or- Her/his dependent childrenHer/his dependent children- Her/his parents or grandparents Her/his parents or grandparents

Both the sponsor and his relative must meet certain criteria.Both the sponsor and his relative must meet certain criteria.

Applicants for permanent residence must go though medical and Applicants for permanent residence must go though medical and criminal background screening.criminal background screening.

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The The relationship between the Sponsor and the relationship between the Sponsor and the Sponsored Person Sponsored Person must be one of the following:must be one of the following:

Spouse, common-law partner, or conjugal partner; orSpouse, common-law partner, or conjugal partner; or

Parent or grandparent; orParent or grandparent; or

Dependent child; orDependent child; or

Brother, sister, nephew, niece, or grandchild who is Brother, sister, nephew, niece, or grandchild who is orphaned, under 18 years of age and not married or in a orphaned, under 18 years of age and not married or in a common-law relationship; orcommon-law relationship; or

Intended adopted child under 18 years of age; orIntended adopted child under 18 years of age; or

Other relative, if the Sponsor has no relative listed above Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian and no relatives who are Canadian citizens or Canadian Permanent Residents (limited to one relative only). Permanent Residents (limited to one relative only). 

C. SponsorshipsC. SponsorshipsThe Family class sponsorshipThe Family class sponsorship

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1.1.Federal skilled workers and professionalsFederal skilled workers and professionals

Skilled workers are selected as permanent residents Skilled workers are selected as permanent residents based on:based on:

-Their educationTheir education-Their work experienceTheir work experience-Their knowledge of English and/or FrenchTheir knowledge of English and/or French-Other criteria… (which help them become economically established inOther criteria… (which help them become economically established in

Canada)Canada)

The applicant must also show that he has enough money to The applicant must also show that he has enough money to support himself and his dependants after he arrives in Canada.support himself and his dependants after he arrives in Canada.

D. Skilled workers and D. Skilled workers and professionalsprofessionals

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Federal skilled worker applications are assessed for Federal skilled worker applications are assessed for eligibility according to the following criteria:eligibility according to the following criteria:

Based on the results of their official language proficiency Based on the results of their official language proficiency testtest

ANDANDBased on having a valid offer of employment or arranged Based on having a valid offer of employment or arranged employment, ORemployment, ORBased on having one year of continous full time “paid” work Based on having one year of continous full time “paid” work experience in at least one of the occupations listed in the next experience in at least one of the occupations listed in the next slide.slide.

D. Skilled workers and D. Skilled workers and professionalsprofessionals

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0631 Restaurant and Food Service Managers0631 Restaurant and Food Service Managers 0811 Primary Production Managers (Except 0811 Primary Production Managers (Except

Agriculture)Agriculture) 1122 Professional Occupations in Business1122 Professional Occupations in Business

Services to ManagementServices to Management 1233 Insurance Adjusters and Claims 1233 Insurance Adjusters and Claims

ExaminersExaminers 2121 Biologists and Related Scientists2121 Biologists and Related Scientists 2151 Architects2151 Architects 3111 Specialist Physicians3111 Specialist Physicians 3112 General Practitioners and Family 3112 General Practitioners and Family

PhysiciansPhysicians 3113 Dentists3113 Dentists 3131 Pharmacists3131 Pharmacists 3142 Physiotherapists3142 Physiotherapists 3152 Registered Nurses3152 Registered Nurses 3215 Medical Radiation Technologists3215 Medical Radiation Technologists 3222 Dental Hygienists & Dental Therapists3222 Dental Hygienists & Dental Therapists

• 3233 Licensed Practical Nurses3233 Licensed Practical Nurses• 4151 Psychologists4151 Psychologists• 4152 Social Workers4152 Social Workers• 6241 Chefs6241 Chefs• 6242 Cooks6242 Cooks• 7215 Contractors and Supervisors, 7215 Contractors and Supervisors, Carpentry TradesCarpentry Trades• 7216 Contractors and Supervisors, 7216 Contractors and Supervisors, MechanicMechanic TradesTrades• 7241 Electricians (Except Industrial &7241 Electricians (Except Industrial & Power System)Power System)• 7242 Industrial Electricians7242 Industrial Electricians• 7251 Plumbers7251 Plumbers• 7265 Welders & Related Machine Operators7265 Welders & Related Machine Operators• 7312 Heavy-Duty Equipment Mechanics7312 Heavy-Duty Equipment Mechanics• 7371 Crane Operators7371 Crane Operators• 7372 Drillers & Blasters - Surface Mining,7372 Drillers & Blasters - Surface Mining, Quarrying & Construction Quarrying & Construction • 8222 Supervisors, Oil and Gas Drilling and 8222 Supervisors, Oil and Gas Drilling and Service Service

List of the 29 eligibles occupations (Federal Skilled Workers)

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2.2.Québec selected skilled workers and professionalsQuébec selected skilled workers and professionals

Under the Canada-Québec Accord, Québec can Under the Canada-Québec Accord, Québec can establish its own requirements in immigration matters and establish its own requirements in immigration matters and select its own immigrants who they believe will adapt to select its own immigrants who they believe will adapt to the province’s lifestyle.the province’s lifestyle.

To be selected, the applicant must:To be selected, the applicant must:

- Plan to live in Québec with the purpose of working there;Plan to live in Québec with the purpose of working there;- Have acquired training and professional skills which Have acquired training and professional skills which

will make his integration into the workplace easier.will make his integration into the workplace easier.

D. Skilled workers and D. Skilled workers and professionalsprofessionals

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E. Canadian Experience categoryE. Canadian Experience category

To apply under this category, the applicant must:

- Plan to live outside the province of Quebec- Be either

. A temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or

. A foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada:

1. Have gained experience in Canada with the proper work or study authorization

2. Apply while working in Canada – or - within one year of leaving a job in Canada

. Include the results of an independent language test

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F. EntrepreneursF. Entrepreneurs

The Entrepreneur program seeks to attract experienced The Entrepreneur program seeks to attract experienced businesspersons who will own and actively manage businesspersons who will own and actively manage businesses in Canada that contribute to the economy businesses in Canada that contribute to the economy

and create jobs.and create jobs.

The Applicant has to follow the Federal Program rules. The Applicant has to follow the Federal Program rules. If he wants to go in Quebec, the Applicant will have to If he wants to go in Quebec, the Applicant will have to

satisfy the Provincial Program of Quebec rules.satisfy the Provincial Program of Quebec rules.

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F. EntrepreneursF. Entrepreneurs

1.1. The Federal ProgramThe Federal Program

The Entrepreneur must :The Entrepreneur must :

Show that they have Show that they have business experiencebusiness experience Have a minimum net worth Have a minimum net worth of $300,000 (CADof $300,000 (CAD) ) that that

was obtained legally and,was obtained legally and, Respect the Respect the conditionsconditions for entrepreneurs after they for entrepreneurs after they

arrive in Canada.arrive in Canada.

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F. EntrepreneursF. Entrepreneurs

2.2. The Provincial Program of QuebecThe Provincial Program of Quebec

To be eligible:To be eligible: Have net assets of at least Have net assets of at least $300,000 (CAD$300,000 (CAD) ) (alone or (alone or

with his spouse or common-law partner);with his spouse or common-law partner);

Have at least Have at least two years of experience two years of experience acquired during acquired during the five years preceding the date he submitted the the five years preceding the date he submitted the application in a lawful and profitable business that he application in a lawful and profitable business that he managed alone or with his spouse or common law managed alone or with his spouse or common law partner controlling at least 25% of the capital equity;partner controlling at least 25% of the capital equity;

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The experience in running a business is defined as The experience in running a business is defined as the actual and full-time assuming of the the actual and full-time assuming of the responsibilities and duties related to the planning, responsibilities and duties related to the planning, the management and control of the material, the management and control of the material, financial and human resources.financial and human resources.

The entrepreneur may chose one of the two The entrepreneur may chose one of the two following program components:following program components:

- Ability to carry out a business project - Ability to carry out a business project

- Acquisition of a business in Québec- Acquisition of a business in Québec

In both cases he must control, alone or with his In both cases he must control, alone or with his accompanying spouse or common-law partner, at least 25% accompanying spouse or common-law partner, at least 25% of the capital equity with a value of at least $100,000 (CAD) of the capital equity with a value of at least $100,000 (CAD)

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F. EntrepreneursF. EntrepreneursOther factors considered:Other factors considered:

- Age and age of the spouse or common-law partner;Age and age of the spouse or common-law partner;- Nature and duration of the applicant’s training;Nature and duration of the applicant’s training;- Language skills;Language skills;- Applicant’s personal qualities and his knowledge of Applicant’s personal qualities and his knowledge of

Québec;Québec;- His ability to acquire or create a business in Québec or his His ability to acquire or create a business in Québec or his

ability to carry out a business project;ability to carry out a business project;

In addition, upon his arrival in Québec, he must operate the In addition, upon his arrival in Québec, he must operate the business, for at least one year during the three years after business, for at least one year during the three years after

obtaining permanent resident status.obtaining permanent resident status.

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F. EntrepreneursF. Entrepreneurs

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G. InvestorsG. Investors1.1. The Federal ProgramThe Federal Program

The Immigrant Investor program seeks experienced business people who are willing to invest $800,000 The Immigrant Investor program seeks experienced business people who are willing to invest $800,000 (CAD) into Canada’s economy(CAD) into Canada’s economy

The Investor must:The Investor must: Show that he has Show that he has business experience;business experience; Have a minimum net worth Have a minimum net worth of $1,600,000 (CADof $1,600,000 (CAD) ) that was obtained legally and,that was obtained legally and, Make a Make a $800,000 (CAD) investment.$800,000 (CAD) investment.

Citizenship and Immigration Canada will return to the investor the $800,000 (CAD), without interest, after Citizenship and Immigration Canada will return to the investor the $800,000 (CAD), without interest, after five years.five years.

1.1.

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G. InvestorsG. Investors2.2. The Provincial Program of QuebecThe Provincial Program of Quebec

To be eligible:To be eligible: Have net assets of at least Have net assets of at least $1,600,000 (CAD$1,600,000 (CAD) ) (alone or with his spouse or common-law partner);(alone or with his spouse or common-law partner);

Have Have experience in management experience in management in a legal farming, commercial or industrial business, etc…;in a legal farming, commercial or industrial business, etc…;

Intend to settle in Québec and sign an agreement to invest $800,000 (CAD) with a financial intermediary Intend to settle in Québec and sign an agreement to invest $800,000 (CAD) with a financial intermediary (broker or trust company) authorized to participate in the Investor program.(broker or trust company) authorized to participate in the Investor program.

1.1.

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G. InvestorsG. Investors

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III. CANADIAN CITIZENSHIPIII. CANADIAN CITIZENSHIPCanadian Citizenship is one of the most sought after Canadian Citizenship is one of the most sought after

citizenships in the worldcitizenships in the world

To be eligible to become a Canadian citizen:To be eligible to become a Canadian citizen:

Be at least 18 years oldBe at least 18 years oldHave Permanent Resident status in Canada. That status must Have Permanent Resident status in Canada. That status must not be in doubt;not be in doubt;Time lived in Canada: For Adults only -> have lived in Time lived in Canada: For Adults only -> have lived in Canada at least three years (1095 days) in the past four years Canada at least three years (1095 days) in the past four years before applying;before applying;Language ability in one of the two officials languages in Language ability in one of the two officials languages in Canada : English and/or French;Canada : English and/or French;No Criminal RecordNo Criminal Record

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III. CANADIAN CITIZENSHIPIII. CANADIAN CITIZENSHIP

The applicant cannot become a citizen if he:The applicant cannot become a citizen if he:

Has been convicted of an indictable (criminal) offence or Has been convicted of an indictable (criminal) offence or of an offence under the Citizenship Act in the three years of an offence under the Citizenship Act in the three years before he applied;before he applied;

Is currently charged with an indictable offence or an Is currently charged with an indictable offence or an offence under the Citizenship Act;offence under the Citizenship Act;

Is in prison, on parole or on probation;Is in prison, on parole or on probation; Is under a removal order (has been ordered by Canadian Is under a removal order (has been ordered by Canadian

officials to leave Canada);officials to leave Canada); Is under investigation for, or charged with, or has been Is under investigation for, or charged with, or has been

convicted of a war crime or crime against humanity; orconvicted of a war crime or crime against humanity; or Has had his Canadian citizenship taken away in past Has had his Canadian citizenship taken away in past

years.years.

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IV. IMMIGRATION IV. IMMIGRATION JURISDICTIONSJURISDICTIONS

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A. APPEAL OF A FEDERAL DECISIONA. APPEAL OF A FEDERAL DECISION

The appeal of decisions coming from Canadian Embassies The appeal of decisions coming from Canadian Embassies of Federal departments are heard at:of Federal departments are heard at:

1.1.The Immigration Appeal Division (IAD)The Immigration Appeal Division (IAD)An appeal is allowed in cases iAn appeal is allowed in cases if the decision being appealed f the decision being appealed was wrong in law or fact, or if there was a breach of a principle was wrong in law or fact, or if there was a breach of a principle of natural justice or in some cases, on the basis of humanitarian of natural justice or in some cases, on the basis of humanitarian and compassionate considerations.and compassionate considerations.

2.2.The Federal CourtThe Federal CourtIts authority derives primarily from the Federal Courts Act.Its authority derives primarily from the Federal Courts Act.

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A. APPEAL OF A FEDERAL DECISIONA. APPEAL OF A FEDERAL DECISION

1.1. The Immigration Appeal Division The Immigration Appeal Division

Hears appeals on immigration matters such as appeals from Hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal refused sponsorship applications and from removal orders.orders.

Four types of Appeals:Four types of Appeals:

- Sponsorship appeals;Sponsorship appeals;- Appeals from a removal orderAppeals from a removal order- Residency obligation appealsResidency obligation appeals- Minister’s appeals of an IAD decisionMinister’s appeals of an IAD decision

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A. APPEAL OF A FEDERAL DECISIONA. APPEAL OF A FEDERAL DECISION

2.2. The Federal CourtThe Federal Court

The Federal Court hears all claims emanating from a The Federal Court hears all claims emanating from a decision of the Federal administration. decision of the Federal administration. More than More than 60% of its activity is composed of Immigration 60% of its activity is composed of Immigration

LawLaw..

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B. APPEAL OF A QUEBEC B. APPEAL OF A QUEBEC DELEGATION DECISIONDELEGATION DECISION

1.1.The Tribunal Administratif du QuébecThe Tribunal Administratif du QuébecA decision from a delegation of Quebec is heard at the A decision from a delegation of Quebec is heard at the IAD.IAD.

2.2.The Superior CourtThe Superior CourtIf the Appeal is rejected by the Tribunal Administratif If the Appeal is rejected by the Tribunal Administratif of Québec, the Superior Court can review the of Québec, the Superior Court can review the administrative decision.administrative decision.

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C. JURISPRUDENCE: C. JURISPRUDENCE: “The Dragan Case”“The Dragan Case”

Story:Story:

300,000 Applicants applied for permanent residence in Canada 300,000 Applicants applied for permanent residence in Canada before June 28, 2002, the day that the Immigration And Refugee before June 28, 2002, the day that the Immigration And Refugee Protection Act, S.C, c.27 (IRPA) came into force. The former Act Protection Act, S.C, c.27 (IRPA) came into force. The former Act stated that 70 points were required to be eligible whereas the new stated that 70 points were required to be eligible whereas the new

one required 75.one required 75.

125 applicants filed Mandamus applications to be interviewed prior 125 applicants filed Mandamus applications to be interviewed prior to June 28, 2002.to June 28, 2002.

Brownstein, Brownstein & Associates were the lawyers Brownstein, Brownstein & Associates were the lawyers representing 47 of the 125 mandamus applicants. They won all representing 47 of the 125 mandamus applicants. They won all their case. Their clients were all interviewed at CND Embassies their case. Their clients were all interviewed at CND Embassies

worldwide prior to June, 2002 based on the old rules.worldwide prior to June, 2002 based on the old rules.

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CONCLUSIONCONCLUSIONBoth Canada and Quebec offer many immigration Both Canada and Quebec offer many immigration

programs to serve people with different programs to serve people with different backgrounds. Immigration law is a very complex backgrounds. Immigration law is a very complex

field subject to frequent changesfield subject to frequent changes..

WE HOPE THAT YOU ARE NOW ABLE TO HAVE A WE HOPE THAT YOU ARE NOW ABLE TO HAVE A BETTER GENERAL UNDERSTANDING OF THE BETTER GENERAL UNDERSTANDING OF THE

DIFFERENT IMMIGRATION PROGRAMS.DIFFERENT IMMIGRATION PROGRAMS.

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