Why is it so dang onerous to problem an officer’s choice when a Canadian visa utility is rejected? That is the query I get extra usually than every other query from listeners. On this episode of the Canadian Immigration Podcast, I invited Canadian immigration lawyer Steven Meurrens to affix me to attempt to unravel this complicated query. As most immigration attorneys perceive, a lot of the reply rests within the idea of “Customary of Overview“, or in different phrases, the usual to which an immigration officer’s choice is to be held. When you have simply skilled a rejection on a Canadian visa utility, this Episode is a should.
In my interview with Steven, we study a really attention-grabbing courtroom case, MPSEP v. Tran 2015 FCA 237, that has quietly labored its method to the Supreme Courtroom of Canada. Tran goes to have some fairly big ramifications for this entire space of judicially reviewing an officer’s choice. Steven shares some nice perception on this case and offers slightly glimpse into what he thinks the SCC may doable do. As soon as the choice comes out later subsequent yr, we must have him come again on the Podcast to see how shut he actually was.
Steven Meurrens is a Canadian immigration lawyer and a accomplice with the legislation agency of Larlee Rosenberg in Vancouver, British Columbia. The agency focuses on all areas of Canadian immigration legislation.
Steven has vital expertise representing company and particular person purchasers in acquiring visas and permits for a lot of business-related functions.
Along with his enterprise immigration follow, Steven has in depth expertise in family-based immigration issues and a really lively follow helping individuals who have been denied entry to Canada and to those that have had their visa functions refused. He has appeared earlier than the Immigration and Refugee Board and the Federal Courtroom of Canada.
Steven is the Chair of the Canadian Bar Affiliation’s Immigration Subsection in British Columbia. He’s a broadcast columnist, a daily panelist at immigration legislation conferences, and is the creator of a really broadly learn weblog on Canadian immigration legislation referred to as Meurrens on Immigration. For those who haven’t had an opportunity to learn Steven’s weblog, you had higher go test it out. The content material on this weblog is outstanding. Additionally, you will want to take a look at his Immigration Podcast referred to as Borderlines that he hosts with Peter Edelmann.
Throughout my interview with Steven, we mentioned the next areas:
- How he bought into immigration.
- Steven’s weblog referred to as Meurrens on Immigration
- An introduction to Steven’s Podcast: Borderlines with Peter Edelmann in BC
- The reason why it’s so onerous to problem an officer’s choice
- Customary of Overview
- Essential Case Dialogue: MPSEP v. Tran (2015 FCA 237)
- Considered one of Steven’s Profitable circumstances on the Federal Courtroom: Gupta v. Canada (2015 FC 1086)
[Tweet “Visa rejected? How to challenge an officer’s decision?“]
Time Stamped Fast Reference Information
With a view to provide help to soar to the areas of most curiosity to you, I’ve included beneath a while stamps for a few of the vital matters lined on this episode.
3:55 – Who’s Steven Meurrens?
7:40 – The place does Steven Meurrens weblog?
10:00 – How did he get into Immigration Regulation?
12:42 – Steven’s Weblog: Meurrens On Immigration
21:22 – Why is Officer discretion so vital to the Customary of Overview?
22:14 – Who’re thought of a part of administrative tribunals accountable for implementing or administering the Immigration and Refugee Safety Act and its Rules?
25:10 – Reasonableness – why is that this the usual of assessment for many immigration selections in the Federal Courtroom?
35:45 – What’s the idea of normal of assessment?
38:00 – What does it imply for one thing to be procedurally honest?
41:38 – Dialogue on the Federal Courtroom of Enchantment choice in Tran.
49:39 – Dialogue on the case of Gupta v. Canada (2015 FC 1086)
59:45 – Find out how to attain Steven Meurrens.
Further Assets:
Take heed to Mark Holthe’s Canadian Immigration Podcast
Matters for our Subsequent Podcast
Learn the Transcript
You possibly can learn further notes for this episode, [spoiler]
CIP S1 E28 | Steven Meurrens | Present Notes
Introduction:
Welcome to Steven Meurrens.
Properly revered immigration lawyer working towards with the legislation agency of Larlee Rosenberg in Vancouver, British Columbia.
The agency focuses on all areas of Canadian immigration legislation. Advising native and multinational companies on the motion of key workers, and people and households who dream of constructing a future in Canada.
Steven is a Associate within the agency with vital expertise representing company and particular person purchasers in acquiring visas and permits for a lot of business-related functions.
Along with his enterprise immigration follow, Steven has in depth expertise in family-based immigration issues AND a really lively follow helping individuals who have been denied entry to Canada and to these whom have had visa functions refused. He has appeared earlier than the Immigration and Refugee Board and the Federal Courtroom.
Steven is the Chair of the Canadian Bar Affiliation of British Columbia’s Immigration Subsection. He’s a broadcast columnist, a daily panelist at immigration legislation conferences, and is the creator of a really broadly learn weblog on Canadian immigration legislation referred to as Meurrens on Immigration which we are going to speak about in slightly bit.
QUESTION: How did you get into immigration?
QUESTION: Are you able to inform us slightly about your Weblog?
I’m additionally delighted to listen to that you’re additionally wading into the great world of Podcasting.
QUESTION: Are you able to inform us slightly bit about your Podcast?
Concentrate on the authorized aspect of immigration and delve into the great world of administrative legislation within the context of Canadian immigration functions.
For those who recall, one in all Steven’s particular focuses inside his follow is helping individuals who have been denied entry to Canada or to those that have had visa functions refused.
Difficult an officer’s choice will not be all the time a simple factor. Typically, there are clear pathways with pretty effectively outlined enchantment mechanisms. Nonetheless, in lots of circumstances, the one recourse is to hunt redress by means of Federal Courtroom.
When difficult an officer’s choice in Federal Courtroom, administrative legislation principals are triggered. At present I’ve invited Steven to affix me to assist clear up, if doable this very confusion space of immigration legislation……..in essence that is actually the core of what immigration “legislation” is all about.
Why is it so dang onerous to problem an officers choice?
1) The discretion that visa officers have when assessing functions, together with:
• Immigration legislation is a subset of administrative legislation;
• Visa officers, port of entry officers, and even summer time college students are administrative tribunals;
• They’ve a variety of discretion; and
• There’s usually not a proper reply to a case. Moderately, there’s a vary of doable solutions.
2) Fettering discretion.
• That officers can not fetter their discretion by counting on manuals as if they’re legislation.
• The stress that this produces between courts who view visa officers basically the identical as they view the Immigration and Refugee Board vs. program officers who view themselves as implementing and administering departmental packages.
3) Customary of Overview
• Questions of truth.
• Questions of legislation.
• My Gupta for instance.
• The Koo instance of the place there may be issues if officers have discretion within the interpretation of legislation.
4) Tran
• The FCA choice in Tran.
• A assessment of the issues with the Tran choice as recognized by Paul Daly http://www.administrativelawmatters.com/weblog/2015/11/13/a-snapshot-of-whats-wrong-with-canadian-administrative-law-mpsep-v-tran-2015-fca-237/
• Plug that Steven will be again on when Tran is launched.
QUESTION: How can individuals attain you?
Thanks for being on the Podcast Steven.
Useful Hyperlinks:
• How one can attain Steven Meurrens: meurrens@larlee.com
• Larlee Rosenberg: http://www.larlee.com/
• Steven’s Weblog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
• Essential Case Mentioned on this Episode: MPSEP v. Tran (2015 FCA 237): http://bit.ly/2ajifyo
• Considered one of Steven’s Profitable circumstances on the Federal Courtroom: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4
[/spoiler]
Binge on all of our Canadian Immigration Podcast Episodes!
If you wish to hearken to extra episodes, you can find all of the episodes right here.
Ask Mark an Immigration Query
Periodically I reply listener questions on my podcast. When you have a query, remark, thought or concern, you are able to do so by clicking right here. We’d love to listen to from you. You may as well depart me a voice message on the Ask an Immigration Query widget on the aspect bar of this web site.
Subscribe to the Canadian Immigration Podcast
When you have loved this podcast, please subscribe.
For those who loved the present, please charge it on iTunes and write a short assessment. That will assist tremendously in getting the phrase out and elevating the visibility of the present. Share the Love