How the Federal Court of Appeal, Federal Court, and We as Young Racialized Advocates See Vavilov’s Application in Immigration Cases, One Year Later, March 2021

Canada’s Award-Winning Canadian Immigration and Refugee Law and Commentary Blog

Last month I had the privilege of presenting to the CBA National Administrative Law Section’s, Vavilov, One Year Later panel (see: https://www.cbapd.org/details_en.aspx?id=na_NA21LAW04A)

I was definitely in the presence of some big hitters, from the moderator Pam Hrick (https://www.linkedin.com/in/pamhrick/?originalSubdomain=ca) to advocate extraordinaire Audrey Boctor (https://imk.ca/en/team/audrey-boctor/) to one of the legends of Canadian administrative law David Jones, QC (http://sagecounsel.com/team-members/david-phillip-jones/).

It was a fascinating discussion, for me highlighting in even more of a clearer light, the ways immigration law almost operates in it’s own bubble when it comes to administrative law, tribunal decisions, and the application of Vavilov.

Still Figuring It Out: How the Federal Court of Appeal, Federal Court, and We as Young Racialized Advocates See Vavilov’s Application in Immigration Cases, One Year Later, March 2021

Please feel free to read here or click the downloads below for direct download of our paper.

Still-Figuring-It-Out-Vavilovs-Application-in-Immigration-Cases-One-Year-Later-March-2021-WT-

https://www.arenous.ca/wp-content/uploads/2021/03/Still-Figuring-It-Out-Vavilovs-Application-in-Immigration-Cases-One-Year-Later-March-2021-WT-.pdf]

 

Some Thank You’s

This research/review would not have been possible without the support of the following individuals. I wanted to give them shoutouts because they are building incredible legal careers and I am so grateful for the time they took to help draft key sections of the paper.

Afifa Hashimi

Articled student at Moore, Edgar, Lyster and future superstar human rights lawyer. She has this amazing feminist, human, touch to her work and she gets all the credit for the section we wrote on applying an intersectional lens and seeing what has been left out of the Canadian administrative law conversation.

I met Afifa when she was in her early years at UVic Law and I have been so impressed. She’s been active in FACL BC, vocal about racism in our profession, and just someone I would want in my corner.

Learn more about here: https://www.mooreedgarlyster.com/afifa-hashimi

Yussif Silva

I met him first when he was in the LLM program, but really got to know him at Edelmann and Co. Law Offices (my former employer). Yussif, when he finishes articling, will literally be a fifth-year level call as a first-year Canadian lawyer. He worked for several years in Brazil as a lawyer and has a very good handle on administrative law. He wrote this incredible statutory interpretation argument for me in another matter we did together. Probably one of the best legal researchers I have met.

Check him out on Twitter:

https://www.linkedin.com/in/yussif-silva/?originalSubdomain=ca

Thanks to Professor Jamie Chai Yun Liew for her paper that inspired ours (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3522597). I did not get a chance on a tight timeline to share my paper with her but I certainly want to follow-up on our areas of research interest and overlap.

Finally, thanks to Heron Law Offices (my firm!) case manager, Edris Arib for his support in putting this together in final form.

 

Get Busy Writing (and Possibly Speaking More)

After a month of trying to set up my new practice (including hiring a new lawyer – more on that later!) I finally am in the place to start writing more.

In the last month we did several talks:

  • FACL Ottawa;
  • CBIE (part 1) on Accompanying Family Members;
  • Vavilov – One Year Later

This next few months will bring much more of the same:

  • CBIE (part 2);
  • Mark Holthe’s Canadian Immigration Institution’s video podcast;
  • Presentation to IRCC Policy folks on Transitions (reconsiderations + restorations + the unseen impacts)
  • CBA National Immigration Law Conference (perhaps this is too early an announcement – apologies if it is!)

I may also be starting my own podcast soon with a friend and colleague that I am ecstatic to update everyone on. I won’t speak on this one too soon, but I an excited! ILOAC of course 😉

However, I have not forgotten that this space and Vancouver Immigration Blog needs more TLC. It is my first project, the one that gave wings to everything else. I am pledging to do at least one written blog a week at least until May (when big family changes come in place!).

Thanks again for all of your patience. Big things to come in the next few months!

 

About Us

Will Tao is an Award-Winning Canadian Immigration and Refugee Lawyer, Writer, and Policy Advisor based in Vancouver. Vancouver Immigration Blog is a public legal resource and social commentary

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