Our founder, Will Tao, was featured in Canadian Lawyer this week commenting on a Federal Court phantom citation ruling with important implications for fairness in
Heron Law Offices’ co-founder Will Tao joined the Jas Johal Show on Global News to discuss the surge of immigration cases overwhelming Canada’s Federal Court. With record backlogs, outdated systems, and growing reliance on automated refusals, Will highlights why delays are stretching to 18 months and what reforms Canada needs to restore fairness and efficiency.
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.
This paper by Will Tao and Karina Juma, written for the 2024 CLEBC Immigration Issues in Depth Conference, reviews the 2024 Federal Court Immigration Case Law (excluding cases from the Immigration and Refugee Board). It presents five case studies: Li, Henry-Okoisama, Matharu, Mamut, and Mehrara.