Our Team in the Media

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

February 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, ...

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

January 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 ...

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

September 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 ...

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

September 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 ...

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

June 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 ...

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

March 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 ...

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

March 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 ...

Erin Simpson- They came to Canada, were in child protection, but never got legal immigration status. Now advocates are speaking up

March 7th, 2023|Tags: |

Raised by his great-grandmother in the Dominican Republic, Fili has few memories of his parents or his sister and two brothers, who were both murdered. When his only caregiver died, the young boy, then about 10, moved in with friends he met on the streets ...

Warda Shazadi Meighen – Alleged Chinese police stations indication of wider ‘bullying, intimidation’ tactics, experts say

January 9th, 2023|Tags: |

As allegations of five Chinese police stations located in Canada, including one in Vancouver, B.C., raise concerns of political interference, experts say the role of Chinese intelligence is far more widespread. Earlier this month, a friendship society in Richmond was visited by RCMP officers after ...

Warda Shazadi Meighen – Afghans who worked on Canadian-funded projects feel abandoned waiting for refuge in Pakistan

November 28th, 2022|Tags: |

A group of Afghans who worked on Canadian-funded projects intended to promote the rights of women and girls in Afghanistan say they are now stuck in neighbouring Pakistan and running out of money for food and rent, more than a year after they thought they would be ...

Recent Developments

Recent Decisions

February 27th, 2024|Tags: |

Kuka v. Canada (MCI) 2024 FC 209 In Kuka v. Canada (MCI) Justice Favel examined the Applicant’s refused Humanitarian and Compassionate (H&C) and Pre-Removal Risk Assessment (PRRA)  application decisions, made by the same Senior Immigration Officer.  The Applicant feared persecution from her and her ex-fiancé’s ...

Recent Decisions

February 23rd, 2024|Tags: |

Torres v. Canada (MPSEP) 2024 CanLII 7632 In Torres v. Canada (MPSEP) Justice Southcott examined the Applicant’s stay of removal request. The Applicant claimed asylum in Canada, in part due to his bisexual orientation. Unfortunately, the Refugee Protection Division (RPD) rejected his claim, finding that ...

Recent Decisions

February 13th, 2024|Tags: |

Munir v. Canada (MCI) 2024 FC 153 In Munir v. Canada (MCI) Justice Tsimberis assessed the Applicant’s Refugee Appeal Division (RAD) decision. The RAD determined that the Applicant failed to a) establish his bisexuality; b) that he was ever in a same-sex relationship; c) that ...

Recent Decisions

February 5th, 2024|Tags: |

Abdallah Elnour El Senoussi c. Canada (MCI) 2024 FC 74 In Abdallah Elnour El Senoussi c. Canada (MCI) Justice Pentney examined the Applicant’s cessation decision. The Applicant, a citizen of Chad, was granted refugee status in 2012 and secured permanent resident status in 2015. The ...

Recent Decisions

January 23rd, 2024|Tags: |

Gayle v. Canada (MCI) 2024 FC 29 In Gayle v. Canada (MCI) Justice Turley examined the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant was a Jamaican national who entered Canada in 2019 to help care for her daughter. The child’s father was deceased. In ...

Recent Decisions

December 20th, 2023|Tags: |

Porosh v. Canada (MCI) 2023 FC 1638 In Porosh v. Canada (MCI) Justice Go examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant sought asylum on the basis of alleged danger due to a land disputed between his family and a family who was ...

Recent Decisions

December 11th, 2023|Tags: |

Taji v. Canada (MCI) 2023 FC 1587 In Taji v. Canada (MCI), Justice Norris examined the Applicant’s cessation decision. The Applicant was a citizen of Iran who had successfully claimed asylum in 2011 and obtained permanent residence in 2012. Shortly after obtaining permanent residence, the ...

Recent Decisions

December 5th, 2023|Tags: |

Abkarovicova v. Canada (MPSEP) 2023 FC 1546 In Abkarovicova v. Canada (MPSEP), Justice Southcott examined the Applicants’ vacation decision. The principal applicant (PA) and her children were citizens of Slovakia. At the time of the original refugee determination, all three children were minors. The Applicants ...

Recent Decisions

November 28th, 2023|Tags: |

Canada (MPSEP) v. Ewen 2023 FCA 225 In Canada (MPSEP) v. Ewen, Justices de Montigny C.J., Goyette, and Heckman JJ.A. examined the Respondent’s rejected request for a deferral of removal. The Respondent had filed an application for leave of the negative decision, as well as ...

Recent Decisions

November 14th, 2023|Tags: |

Maan v. Canada (MCI) 2023 FC 1434 In Maan v. Canada (MCI), Justice Rochester examined the Applicant’s Refugee Appeal Division (RAD) decision. The determinative issue for both the Refugee Protection Division (RPD) and the RAD was credibility. The Applicant had testified that she was released ...

Recent Decisions

October 27th, 2023|Tags: |

Edirimanna v. Canada (MCI) 2023 FC 1339 In Edirimanna v. Canada (MCI) Justice Turley reviewed the Applicant’s cessation decision. The Refugee Protection Division (RPD) had ceased his Convention refugee status on the grounds of reavailment. On judicial review, Justice Turley found that the RPD had ...

Recent Decisions

October 17th, 2023|Tags: |

Begum v. Canada (MCI) 2023 FC 1317 In Begum v. Canada (MCI) Justice Elliott reviewed the Applicant’s cessation decision. The Applicant was a Pakistani citizen who was granted refugee protection in 2012 based on her Ahmadi Muslim faith. In 2014 and 2018 the Applicant applied ...

Recent Decisions

October 13th, 2023|Tags: |

Mason v. Canada (MCI) 2023 SCC 21 In Mason v. Canada (MCI), Justice Wagner C.J., Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, and  O’Bonsawin J.J. explored the statutory interpretation of provisions under s.34(1)(e) of IRPA. Under this provision, permanent residents and foreign nationals are found inadmissible ...

Recent Decisions

September 25th, 2023|Tags: |

Anvar v. Canada (MCI) 2023 FC 1194 In Anvar v. Canada (MCI), Justice Go examined the Applicant’s cessation decision. The Applicant was found to be a convention refugee in 2005 and resettled in Canada in 2006. In 2022, the Refugee Protection Division (RPD) had found ...

Recent Decisions

September 12th, 2023|Tags: |

St. Brice v. Canada (MCI) 2023 FC 1139 In St. Brice v. Canada (MCI), Justice Régimbald reviewed the Applicant’s Pre-Removal Risk Assessment (PRRA) decision. The Applicant was a 31-year-old bisexual man, with a cognitive impairment, who feared persecution in St. Lucia due to his sexual ...

Recent Decisions

August 30th, 2023|Tags: |

Ahmad v. Canada (MCI) 2023 FC 1087 In Ahmad v. Canada (MCI), Justice Southcott examined the Applicant’s cessation decision. The Applicant was granted asylum in 2010 and permanent resident status in 2011. Since then, the Applicant was issued two Pakistani passports and travelled to said ...