Our Team in the Media

Jacqueline Swaisland – Ethiopian spy eligible to apply for refugee status, court rules, despite agency’s targeting of dissidents abroad

2024-04-16T14:15:16+00:00April 16th, 2024|Tags: |

A former member of an Ethiopian spy agency that targeted that country’s journalists and dissidents abroad is eligible to apply for refugee status in Canada because his spy activities were “not contrary to Canada’s interests,” the Federal Court of Appeal has ruled. Medhanie Weldemariam, who worked as a software developer for an Ethiopian state security agency, landed at Toronto’s Pearson ...

Warda Shazadi Meighen-Palestinians face red tape, delays in applications to come to Canada, families here say

2024-02-09T16:02:07+00:00February 9th, 2024|

The federal government is facing mounting criticism over an immigration program that’s meant to reunite Canadians and permanent residents with their relatives who are trapped in Gaza. People trying to bring their loved ones here, and the lawyers representing them, say the program is restrictive, confusing and intrusive. The Globe spoke with several Palestinian-Canadians and permanent residents, as well as ...

Warda Shazadi Meighen-Canada’s controversial ban on adoptions from several Muslim countries sparks court challenge

2024-01-23T18:54:33+00:00January 23rd, 2024|

A major challenge of Canada's ban on adoptions from several Muslim countries is set to play out in the Federal Court — a move some legal observers say wouldn't be necessary if the government wasn't upholding what they call a "discriminatory" policy. The case, which could be heard as early as April, comes more than five years after the federal government promised to review the ...

Jacqueline Swaisland- The Supreme Court just reined in the scope of a Canadian security law. Refugee advocates are praising the ruling

2024-01-10T20:12:09+00:00September 28th, 2023|Tags: |

The Supreme Court of Canada has imposed a limit on the power of immigration officials and government tribunals to remove foreign nationals with no criminal convictions on security grounds. In a unanimous judgment released on Wednesday, the country’s highest court says if Canada is going to deport a non-citizen on “security grounds,” authorities must show that the person poses not just ...

Jacqueline Swaisland- SCC applies Vavilov standard of review framework; overturns FCA on immigration inadmissibility

2024-01-10T20:12:54+00:00September 28th, 2023|Tags: |

Applying the Vavilov standard of review framework, the Supreme Court of Canada has ruled 8-0 that non-citizens can be found inadmissible to Canada and deported under the s. 34(1)(e) “security grounds” provision of the Immigration and Refugee Protection Act (IRPA) only if the non-citizen’s alleged violent conduct had a nexus to national security or the security of Canada. On Sept. 27 Supreme Court of ...

Erin Simpson-SCC rules Safe 3rd Country Agreement with U.S. doesn’t infringe asylum seekers’ Charter s. 7 rights

2024-01-10T20:13:50+00:00June 22nd, 2023|

The Supreme Court of Canada has ruled 8-0 that a regulatory provision designating the United States as a “safe third country” to which most asylum seekers arriving at the Canada-U.S. border can safely be returned to make their refugee claims is not ultra vires nor an infringement of their Charter s. 7 rights to liberty and security of the person.However, the top ...

Erin Simpson-Human Rights Groups on SCC Ruling of Safe Third Country Agreement

2024-01-10T20:14:33+00:00June 16th, 2023|

On Parliament Hill, three human rights organizations respond to the Supreme Court of Canada’s ruling on the constitutionality of the Canada-U.S. Safe Third Country Agreement. The top court has ruled that the agreement recognizing the two countries as safe places for asylum seekers is constitutional.Taking part in the news conference are representatives from groups that, alongside eight plaintiffs, launched the ...

Warda Shazadi Meighen – Students duped by immigration scams face deportation

2024-01-10T20:15:39+00:00June 12th, 2023|Tags: |

The Current with Matt Galloway Hundreds of international students from India have been threatened with deportation after their original offers to study in Canada turned out to be fake. We discuss what might happen next, and what needs to happen to protect students from immigration scams.

Warda Shazadi Meighen – Suspend the US-Canada Safe Third Country Agreement to Restore Orderly Migration

2024-01-10T20:19:26+00:00March 15th, 2023|

Warda Shazadi Meighen is an immigration partner at Landings LLP and an adjunct professor of refugee law at the University of Toronto. Until 2004, when the Canada-US Safe Third Country Agreement was signed, asylum seekers could enter Canada in an orderly manner by presenting themselves at an official port of entry at the Canada-US border. Once the agreement came into effect, however, ...

Jonathan Porter- Falling between the cracks of cornerstones: Challenging the detention of asylum seekers on identity grounds

2024-01-10T20:20:06+00:00March 14th, 2023|

Immigration detention on the grounds of identity is not novel in international law – many states reserve the right to detain foreign nationals where their identity is unknown. Canada’s Immigration and Refugee Protection Act (IRPA) permits Canada Border Services Agency (CBSA) to detain foreign nationals where the minister is not satisfied as to the person’s identity. Canadian jurisprudence has continually ...

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