Our Immigration Blog

Undue Delay as Abuse of Process: Fighting a Losing Battle at the ID?

Immigrating to Canada is a long process. Depending on the type of application submitted, it can take anywhere from a few weeks to a few years to receive a decision. Certain applications see initial movement, then find themselves in a vacuous state – not entirely refused, but not accepted either. Cases referred to the Immigration Division (ID) under s. 44(1) of the IRPA often fit in this category.

When is the time between referral to the ID and the admissibility hearing considered too long so as to constitute an abuse of process? This blog will discuss the legal test for undue delay as abuse of process and recent case law where no abuse of process was found despite lengthy delays.

READ MORE >>

New Rules on Cancellation of Temporary Resident Documents: Strengthening Border Security or Overreaching?

The updated regulations provide immigration and border services officers with explicit authority to cancel temporary resident documents on a case-by-case basis, including electronic travel authorizations (“eTAs”), temporary resident visas (“TRVs”), work permits, and study permits. While the government presents these revisions as essential for maintaining border security, there are concerns that they could be excessive, raising issues related to fairness, transparency, and the potential for misuse.

READ MORE >>

Getting to Know Our Very Own: Tamara Yang, MSc (LSE)

With a Master of Science in International Migration and Public Policy from the London School of Economics (LSE) and a Joint Honours Bachelor’s degree from McGill University, Tamara has worked on policy research, public affairs, and tech-related migration issues in both Canada and the UK. Her passion for bridging policy and technology makes her a key asset to our firm.

READ MORE >>

Get Started with a Consultation

Translate »