Law Times

PAGE 12 FOCUS march 7, 2011 • Law Times cold reception from the bench, one lawyer suspects. Are courts giving frosty reception to immigration cases? T BY DARYL-LYNN CARLSON For Law Times he Federal Court may be seeing fewer immi- gration cases due to a Immigration lawyer Mat- thew Jeff ery, a sole practitio- ner in Toronto, says he had a number of cases he was hoping to pursue at the Federal Court but didn't have any success. He wonders if the spate of judges appointed by the federal Conservative government are playing a role in deterring the court from hearing immigra- tion-related appeals and reviews. "From my experience, I fi nd it's getting more diffi cult to pursue immigration cases in the courts," Jeff ery says. "Th e Conservatives have expanded the number of judges, and I fi nd that they have a rather conservative approach. So even if you get the court to hear the case, there's a chance that you won't win it." Of all of the matters he has Meehan & Sharpe on Appellate Advocacy DVD Eugene Meehan, Q.C. and The Honourable Robert J. Sharpe How to develop an 'appealing' case Winning on appeal requires a different set of skills than winning at trial. With this video you'll get tips on written and oral advocacy and expert advice on how to triumph on appeal. Features winning techniques and strategies and identifies common pitfalls, you'll learn how to: • • • • Canada Law BookNew! write an effective appellate factum construct a compelling argument improve your oral advocacy skills marshal the facts and law for a successful case This 'how-to-win-an-appeal' video is an excellent guide to the essentials before an appellate court. Also includes tips on appealing board decisions useful in: Order your copy today DVD • $195 • May 2010 P/C 0765150001 ISBN 978-0-88804-496-9 • Labour Law • Human Rights • Provincial, Federal and Territorial Tribunals dealt with, he did manage to get the court to hear the case of Zaib v. Canada (Citizenship and Immigration). His client, Imran Zaib, had made an appli- cation under the skilled-work- er category to come to Canada from Pakistan. He appealed to the Federal Court after offi cials denied his application. "Th ey decided that there was a problem with his degree from Pakistan, so the issue was whether he was being treated fairly," Jeff ery says. "It's a little bit of a technical issue, but what's important about it is the immigration offi cers are pow- erful decision-makers and they do have to treat people fairly." Jeff ery says that as Canada's immigration authorities are try- ing to clear out the backlog of almost 300,000 applications, they're not taking the time to review all of the documents applicants provide to substan- tiate their education or work experience. In Jeff ery's client's case, immigration authorities didn't believe his bachelor's de- gree from the University of the Punjab was authentic. In her decision, Justice Anne canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. LT1108 CANADIAN LAW LIST 2011 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Inside you will find: an up-to-date alphabetical listing • • • of more than 58,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; contact information for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law- related offices of importance. MORE THAN A PHONE BOOK Hardbound • Published February each year On subscription $146 • P/C 0600140999 One-time purchase $162 • P/C 0600010999 • ISSN 0084-8573 Prices subject to change without notice,to applicable taxes and shipping & handling. Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation Mactavish wrote that Zaib's ap- plication for a permanent resi- dent visa as a skilled worker was unsuccessful on the basis that he had misrepresented mate- rial facts by having submitted a fraudulent certifi cate for a bachelor's degree. She noted that during an interview with Zaib, the visa offi cer became concerned with the legitimacy of his educational credentials as the bachelor's degree he had submitted from the university was in the "new style." Th e offi cer was also con- cerned about the fact that Zaib had diffi culty answering ques- tions about his studies. Conse- quently, he was asked to provide documentary confi rmation of his degree from the university. Th e immigration offi cer re- ceived a letter purportedly from the University of the Punjab that confi rmed that Zaib did indeed hold a bachelor's degree from that institution. But as the offi cer then had concerns about the authenticity of the letter, he contacted the university direct- ly. It subsequently advised him that the letter was a fake. Authorities then refused Zaib's application on the basis of his misrepresentation. After- wards, he provided a certifi ed copy of his degree certifi cate and asked the offi cer to recon- sider the decision refusing his application. "Th is request was denied," CANADA LAW BOOK® www.lawtimesnews.com CLL - 1-4 page - 3X.indd 1 2/17/11 4:35:34 PM Mactavish wrote. "No response was received with respect to a second request for reconsidera- tion submitted by Mr. Zaib's counsel." She added: "In these Matthew Jeffery finds that recent judges appointed to the Federal Court have a conserva- tive approach. circumstances, I am satisfi ed that the failure of the offi cer to fairly describe the extrinsic evi- dence obtained resulted in Mr. Zaib being denied a fair op- portunity to provide a mean- ingful response to the offi cer's concerns." As a result, Mactavish con- cluded that because of her fi nding "that the process fol- lowed in relation to Mr. Zaib's visa application was unfair, this application for judicial review will be allowed and the matter remitted to a diff erent visa of- fi cer for redetermination." Still, she had a proviso. "It should be noted, however, that I have not made any fi ndings with respect to the authenticity of Mr. Zaib's university degree, and any redetermination of this matter will necessarily have to include very careful scrutiny of his edu- cational qualifi cations given the very serious concerns that have been raised in this regard." Jeff ery is pleased with the out- come of the case and suggests it could set a precedent for others who might contest the issue of fairness in applications under the skilled-worker category. "It seems that the immigration au- thorities have abandoned the fact that they have a duty of fair- ness. But in this case, the Federal Court has reinforced that, which is a positive development." In another matter that hasn't yet gone before the courts, a woman found herself denied entry into the United States last November due a Canadi- an Police Information Centre record related to a suicide at- tempt in 2006 that involved the Toronto Police Service. Barry Swadron of Swadron Associates in Toronto is repre- senting the woman in order to ensure she can cross the border. Mario Bellissimo of Bellissimo Law Group says the fact that a government can prohibit an in- dividual who hasn't been charged with an off ence from crossing the border is very unfair. "I've had people with crimi- nal records go back and forth across the border, so I don't un- derstand why someone who has not been charged with a crimi- nal off ence would not be able to do that. It's not right that the police can do that."

• Cover
• Crown Uproar
• Dollars and Cents
• Focus On Immigration Law