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Federal Court determines that the Safe Third Country Agreement violates section 7 of the Charter
Immigration and Refugee Law
Arvin

Federal Court of Appeal determines that the Safe Third Country Agreement Does not violate section 7 of the Charter

On July 22, 2020, the Federal Court of Canada determined in Canadian Council for Refugees v. Canada (Immigration, Refugees and citizenship), 2020 FC 770, that the provisions enacting the Safe Third Country Agreement infringe the guarantees and rights that are in section 7 of the Charter. On April 15, 2021, the Federal Court of Appeal determined in Canada (Citizenship and Immigration) et al. v. The Canadian Council for Refugees et al., 2020 FCA 181 that the provisions enacting the Safe

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Study Permit Applications impacted by COVID-19
Immigration and Refugee Law
Arvin

Study Permit Applications impacted by COVID-19 – 3 new recent changes to facilitate remote learning for students

The Government of Canada recently announced three new measures for study permit applications impacted by COVID-19 in order to better assist foreign nationals who are enrolled in a program for fall 2020. What are the new measures for study permit applications impacted by COVID-19? Students who are enrolled in a program for the fall semester and who submit a study permit application before September 15, 2020, will benefit from the following new measures: provide priority study permit processing for students

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Post-Graduation Work Permit and Open work permit for spouse of PGWP holder
Immigration and Refugee Law
Arvin

Post-graduation Work Permit (PGWP) and open work permit for the spouse of PGWP holder

Post-graduation Work Permit (PGWP) Students who have graduated from an eligible Canadian post-secondary institution may be eligible to apply for a post-graduation work permit. This work permit allows students who have completed their studies in Canada and who meet certain eligibility requirements to obtain relevant work experience in Canada. The PGWP is an open work permit. This means that foreign national graduates who possess this type of permit can stay in Canada and work for any employer.   What are the

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Deportation Orders and Removal Orders in Canada
Immigration and Refugee Law
Arvin

Deportation Order and Removal Orders in Canada – are there effective options and remedies?

What are Removal Orders? A removal order notifies a foreign national or permanent resident that they cannot legally remain in Canada and must leave Canada. A deportation order is one type of Removal Order. In Canadian Immigration Law Removal Orders can be issued by: The Immigration Division (ID) or the Immigration Appeal Division (IAD) if they decide to issue a Removal Order. A Canada Border Services Agency (CBSA) Officer who after examining a person issues such a Removal Order   Immigration

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Express Entry Refusal, 4 potential, and valuable options Auxilium Law PC Immigration Lawyer Canada
Immigration and Refugee Law
Arvin

Express Entry Refusal, 4 potential, and valuable options

Express Entry Refusal what are your options? The Express Entry System is comprised of three programs: The Federal Skilled Worker Program which is for individuals who want to apply based on their Foreign Work Experience The Canadian Experience Class which is for individuals who want to apply based on the work experience they obtained in Canada The Federal Skilled Trades Program which is for individuals who are qualified to apply based on their skilled trade The Express Entry system allows

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C-16 International Mobility Program Francophone Mobility Program Immigration Lawyer
Immigration and Refugee Law
Arvin

Francophone Mobility Program, an Easy and quick method for a work permit?

Francophone Mobility Program, an Easy and quick method for a work permit? Canadian employers seeking to hire foreign skilled workers in a Canadian Province other than Quebec have unique pathways available to them. One of these pathways is the Francophone Mobility Program. Mobilité Francophone. The Francophone mobility program falls under the International Mobility Program. This program allows for the issuance of a work permit to a worker without a Labour Market Impact Assessment This pathway allows a Canadian Employer to

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LMIA Advertisement Requirement Business Immigration Lawyer Canada Toronto Ontario
Immigration and Refugee Law
Arvin

LMIA Advertisement Requirements and 12 useful but uncommon variations

LMIA Advertisement Requirements Today we will be briefly discussing the LMIA Advertisement Requirements when submitting an LMIA Application including their minimum requirements and some of the common variations. An employer who wants to hire a foreign national needs, in general, to apply for a Labour Market Impact Assessment (LMIA). LMIAs are assessed under the temporary foreign worker program. There are some exceptions to the LMIA requirement which is discussed here. An LMIA is a document that confirms that there is

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Owner Operator LMIA Auxilium Law PC Immigration Lawyer Canada
Immigration and Refugee Law
Arvin

Owner Operator LMIA – Is it an Ideal and inexpensive mechanism for Business Immigration?

UPDATE: Please note that this stream has been discontinued by Employment and Social Development Canada. The Owner/Operator category has been removed from the Temporary Foreign Worker Program (TFWP) as of April 1, 2021. The topic of today’s discussion will be the Owner Operator LMIA which allows foreign nationals who own at least 50.1% of the controlling shares of a company to apply for a Labour Market Impact Assessment (LMIA). This type of application is exempted from the advertisement requirements that

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Permanent residence under the Agri-food Pilot Program Auxilium Law PC Toronto, Ontario
Immigration and Refugee Law
Arvin

Agri-Food Pilot Program – Canada Launches a new pathway for permanent residence

Canada begins accepting applications for Permanent residence under the Agri-Food Pilot Program The federal government of Canada launched a three-year pilot program which allows workers in selected agri-food industries to apply for permanent residence. These workers have proven to be essential to the country’s food-supply chain during the COVID-19 Pandemic. In order to qualify for Permanent Residence under the Agri-Food Pilot Program workers must prove that they have eligible work experience in an eligible industry and eligible occupation. They must

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RPD hearing postponed COVID-19 Refugee claimant Arvin Afzali Refugee Lawyer
Immigration and Refugee Law
Arvin

three things you can do if your Refugee Hearing is postponed due to COVID-19

The Refugee Protection Division which is the Tribunal that hears refugee claims has administratively postponed some refugee hearings as of March 17, 2020, due to COVID-19. The postponement of all hearings was subsequently extended indefinitely as of April 7, 2020. Although hearings have been cancelled, claimants can see this as an opportunity to ensure that their file is as complete as possible. 1.      Review your Basis of Claim and ensure that all important information is in the document Claimants should

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COVID-19 Auxilium Law PC Immigration and Refugee Lawyer
Immigration and Refugee Law
Arvin

How has COVID-19 impacted Canada’s Immigration and Refugee process?

COVID-19 has drastically changed how Refugee and Immigration matters are processed or handled. Few people could have predicted how COVID-19 would impact Canada including government agencies, courts as well as individuals dealing with their Immigration or Refugee matters. On March 16, 2020, the Prime Minister of Canada, Justin Trudeau, announced travel restriction measures that would restrict air travel to Canadians, permanent residents and families of Canadians. On March 16, 2020, the Immigration and Refugee Board of Canada, the Tribunal who

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Gavel and justice Immigration Lawyer Toronto Ontario Auxilium Law
Immigration and Refugee Law
Arvin

What is the difference between an Appeal and Judicial Review in the Canadian Immigration Law context?

In Canada, Immigration, Refugees and Citizenship Canada along with the Canada Border Services Agency provide a wide range of services related to Immigration and Refugee matters to Citizens, Permanent Residents, and Foreign Nationals. The legislative branch of the government (Parliament) through laws and Regulations has granted vast decision-making powers to various government agencies and the Minister. The relevant provisions can be found in the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations. Judicial review is the

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