Part 2B – An Annotated Review of Li and the Unforeseen and Unsettled Legal Consequences of Expanding the Definition of Espionage
Welcome back folks! I had a bit of a busy several weeks since my last post – as I am taking an accountable computer systems course, learning about encryption, block chain, TOR and all the cool things I wish I knew earlier! I have not forgotten about the Li decision. I will admit […]
Part 2A – An Annotated Review of Li and the Unforeseen and Unsettled Legal Consequences of Expanding the Definition of Espionage
Introduction As promised, it is time for part II of my blog part series on the Federal Court decision of Li v. Canada (Citizenship and Immigration) 2023 FC 1753. I will write this blog over several days. Today represents Part 2A which covers Sections I-V of Chief Justice Crampton’s decision. Sections VI to VIII, […]
International Students Making Refugee Claims: How Data + Chinook Might Meet
As a recent tweet from Steven Meurrens shows, the relationship between refugee claimants and international students is one that IRCC actively tracks. Number of Asylum Claims Made By Applicants with Study Permits from 2018 to 2022, Broken Down by Designated Learning Institution Chart shows schools with most claims in absolute numbers. Full data set can […]
[VIB x HLO] 2023 Federal Court Year in Review (non-IRB Immigration cases) + Policy Insights
I have been reading some very excellent ‘year in reviews’ this year in various spaces across the law. These are fantastic for getting a snapshot on where things have been in an area of law and where things are going. I would like to humbly add my submission, via a paper I wrote for the […]
A Window into the Humanitarian and Compassionate Grounds Judicial Review Outcomes 2018 – 2022
As we posted about in this blog below, we have received a recent data set from IRCC that appears to be first of its kind in tracking litigation at the Federal Court. An Early “Lens” Into Predicting JR Outcomes by Country of Citizenship Today I am going to look at Humantiarian and Compassionate Grounds applications […]
Why the 30-Year Old Florea Presumption Should Be Retired in Face of Automated Decision Making in Canadian Immigration
In the recent Federal Court decision of Hassani v. Canada (Citizenship and Immigration), 2023 FC 734, Justice Gascon writes a paragraph that I thought would be an excellent starting point for a blog. Not only does it capture the state of administrative decision-making in immigration and highlight some of the foundational pieces, but also I want to […]
Could the Federal Court Have Avoided the Chinook Abuse of Court Process Tetralogy?
What Happened? In the recent decision of [1] Ardestani v. Canada (Citizenship and Immigration) 2023 FC 874, part of a tetrology of cases where Federal Court justices were critical over attacks on IRCC’s Chinook system, Justice Aylen did not mince words. She writes: II. Preliminary Issue [8] At the commencement of the hearing, counsel for the Applicant advised that […]
