immigration law

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The Law of Unintended (Standard of Review) Consequences: Kanthasamy v. Canada (Citizenship and Immigration), 2014 FCA 113

My post on Febles v. Canada (Citizenship and Immigration), 2014 SCC 68 has attracted many comments. Some readers are sympathetic to the Supreme Court of Canada. And, indeed, one may wonder what the practical effect is of standard-of-review discussions that sometimes border on the metaphysical. Should the Supreme Court of Canada not focus on resolving […] Read more

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Out of Time, Back of the Line

What should a government do when its system for processing immigration applications has ground almost to a halt and is no longer fit for purpose? The Canadian government tried reforming its “foreign skilled worker programme” on several occasions, to no avail. It ultimately enacted the following provision, s. 87.4 of the Immigration and Refugee Protection […] Read more