An Update When You Owe An Update – Summer 2017

VIB Readers:

Without sounding like a broken record, the past few months have been busy with so much happening that unfortunately writing has taken an unfortunate backseat. You will not hear excuses from me – I need to write more and I know it.

On the positive front, it has also been a very reflective time for me. I’ve spent more time reading what others have to stay – following journalists and being a witness to the recent events of Charlottesville and later Vancouver. I’ve spent time reading journal articles and gather resources on issues that I am very passionate about. While they may not be directly relevant to projects now, they help form my framework/lens that I can view this world through.

I believe I am uniquely positioned this year – through my dual roles of being the Chair of the City of Vancouver’s Cultural Communities Advisory Committee and as well as a Committee member of the Canadian Bar Association’s Equality & Diversity Committee to do some meaningful policy work in addition to my immigration work. Both of these organizations will be releasing statements and reports shortly, and in fact the CCAC statement is coming out in the next few days on our call to action for the City’s cultural communities.  This advocacy work where I am able to take the individual advocacy I do for my clients and project it on a larger scale has been very meaningful.

My immigration practice is also moving along. As with any young practitioner, I try and balance client representation, with running a business, and with investing in continuous education to ensure my client’s needs are best serviced.  The legal landscape is changing in immigration, particularly corporate immigration. I’ve had several meetings with senior mentors and practitioners about the role accounting firms, technology, and project management will have on the way work is performed and the needs clients will have.

At the same time as all these are happening, I am seeing my own work permit/corporation immigration practice pick up.  Many of these business contacting me are start-up or small businesses with immigrant workers. Many of these companies are without designated HR departments. Even within these corporate clients I’m starting to see a discrepancy in the accessibility and knowledge of immigration procedures. I suspect that while the cheeseburger delivery of immigration will inevitably start, there will still be enough companies that want custom orders and are willing to engage someone willing to provide more personalized services. Boutiques and sole practitioners who may increasing feel crowded out will have to find ways to adapt to the changing market.

On the immigration litigation/personal and family immigration side, I’ve been able to achieve several recent successful outcomes.

I was able to secure a restoration and new study permit for a student who was caught in a bit of an administrative nightmare with both IRCC and a former counsel .  While 90 days passed from when the refusal was apparently issued, we found enough evidence (through ATIPs and other research) to go an argument that he was still eligible for restoration. He now has his status back.

I was also able to restore a second graduate, who initially was refused a PGWP for attending a private school that was not eligible under the program, and secure him a two year (longer than he would have received) C-14 Film/Television work permit. It was incredible to be able to delve into this relatively new permit and put together the required pieces and understand a bit more of what a growing number of Vancouver’s film and television people do.

On the spousal sponsorship side, I was able to secure a rehabilitation and approval putting to end a previous self-rep’s multiple year fight with immigration (which even went up to the ministerial level) . For a second client, I was able to succeed on a ADR showing the relationship was genuine and not for immigration purposes after spending several painstaking hours gather positive evidence, affidavits, and clarifications that were either missed or incorrectly interpreted at the spousal interview. Mistakes happen in immigration – with both practitioners and as well government not being immune to making them.

On a more challenging side, I’m handling a string of refusals of my own applications (study permits) from Sri Lanka. This has been a humbling experience. Prior to these refusals I had a Mayweather record in study permits. However, it has re-enforced my belief that often times as practitioners rather than pushing volume and efficiency (particular for individuals and families who may not have the same economic argument that corporate clients do), we need to push quality. Researching and understanding the uniqueness and the discretion of the individuals that will decide your case – from your own client to the decision-makers – is absolutely crucial. I’ve told all the clients that I will ensure to follow-up and do everything I can to assist them – including choosing no categories of application. Something I myself admire, and I wish there were more of an immigration, is honesty – accepting and acknowledging imperfection beyond just that of the system. Seeing what is happening globally on the immigration front, and even with our own challenges, we know we’re working within a very controversial and discretion-based system. Not everyone is always going to be happy. Going to work everyday won’t always be easy, neither will be sleeping at night for all those involved.

Where does that leave me and VIB for early Fall. I’ve promised a few more articles with, we’re working on a couple presentations, and I am continuing to spend my spare time researching intricacies of the law.  I also want to add a few more fun and inclusive elements to my blog – to start writing about race, equality/equity/diversity, and my favourite topic outside immigration – food.

Professionally, I have spoken to several senior mentors who believe I should take my immigration litigation (and perhaps even future litigation outside of strictly immigration) by the horns. I hope to better understand what my colleague refugee lawyers do and engage in some of the technical aspects of our law – particularly where there is room to challenge interpretation. Now that my wife’s own immigration has been settled, I’ve had my few weeks of soul searching, it is time to press ahead.

I’m grateful to those who have taken time out to guide me, to share that meaningful cup of Joe, to debate me, and who have welcomed me into their homes and lives either as a friend or an advocate.

Exciting times ahead!

 

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