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Ari Wormelli joins to discuss how to get divorced in Canada, and its intersection with Canadian immigration law.
Topics discussed include non-accompanying spouses agreeing to or contesting divorce with prospective immigrants in Canada, practical barriers, serving legal documents internationally, getting foreign divorces recognized in Canada, annullment in the Philippines, marriages under fake IDs, and break down an actual case.
Timestamps:
0:19 - Welcome and Guest Introduction
0:52 - Diving into Messy Divorces
2:17 - How Divorce Works in Canada
5:09 - Divorcing with an Overseas Spouse
10:20 - Divorce in Countries Without Divorce (e.g., Philippines)
15:21 - Conflicts of Law in Divorce Recognition
21:56 - Case Study: Canadian Sponsor with Pakistani & Canadian Divorces
26:04 - Recognizing Foreign Divorces in Canada
34:19 - Marriages Under Fake IDs
47:30 - Marriage in Canada Without Legal Status
50:52 - Timeline for an Uncontested Divorce in Canada
56:00 - Final Thoughts & Key Takeaways
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Join us for an insightful episode of the Borderlines Podcast, featuring Raj Sharma and Hannah Lindy, both individuals with extensive experience submitting Humanitarian and Compassionate (H&C) applications.
In this episode, we dive deep into H&C applications under section 25 of Canada’s Immigration and Refugee Protection Act. Learn what H&C applications are, who can apply, and the key factors officers consider, including the best interests of children and compelling circumstances.
We discuss challenges like high refusal rates, the impact of the 2025 Levels Plan, and the importance of strong advocacy. Whether you're an applicant, practitioner, or curious about Canadian immigration, this episode is packed with expert insights and practical advice.
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Immigration lawyer Lev Abramovich returns to discuss frequently asked questions regarding judicial review. This episode offers valuable guidance for legal professionals, consultants, and those navigating immigration processes.
Topics Addressed:
(1:49) The IRGC
(6:32) Bill C-2
(10:48) What is judicial review, and how does it differ from an appeal?
(13:30) When faced with an H&C refusal, what factors determine whether to reapply or seek judicial review?
(19:29) How do you proceed with a judicial review of a Chinook refusal when GCMS notes repeat the refusal letter?
(27:33) When should someone use mandamus, and what factors influence this decision?
(36:37) Why is there a lack of legislation to enforce compliance with federal court decisions or settlements, and how often are files refused again after judicial review?
(43:51) Is the Immigration Division’s interpretation of the law subject to judicial review?
(44:43) How long does it take to decide whether to file a judicial review?
(45:54) What’s the difference between Rule 9 and GCMS notes in preparing a judicial review?
(50:16) Can you file a judicial review for a study permit refusal from three months ago?
(52:50) Should you pursue a judicial review for an application where a reconsideration request was already made?
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In this heartfelt episode, we sit down with Gordon Maynard, a recently retired immigration lawyer, to reflect on his remarkable 35-year career. Gordon shares how he sustained a long and fulfilling practice through the camaraderie and support of the Canadian Bar Association (CBA), mentorship from peers, and the value of in-person connections. He discusses the critical role of the Immigration Appeal Division (IAD) in providing equitable discretion for permanent residents facing removal, critiques the erosion of human interaction in modern immigration processes due to centralization and AI, and highlights how physical activities like biking up Seymour Mountain every week helped maintain mental resilience. Gordon also offers wisdom for young lawyers, including urging them to diversify their practice across corporate and enforcement work, stay connected through the CBA, and embrace the human side of immigration law.
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Ali Esnaashari and Kaveh Shahrooz join to discuss the Canadian immigration implications of Canada's decision to designate the Islamic Revolutionary Guard Corps a terrorist organization.
Topics Explored:
Historical Context of the IRGC: Understand the origins, structure, and global activities of the IRGC, including its role in the tragic downing of Ukraine International Flight PS752.
Conscription and Inadmissibility: Learn how mandatory military service in Iran leads to Canadian inadmissibility findings for individuals performing routine tasks, such as administrative duties or even playing for government-affiliated sports teams, with no meaningful connection to terrorist activities.
Legal Framework and Challenges: A detailed analysis of Section 34(1)(f) of Canada's Immigration and Refugee Protection Act, its broad application, and the low burden of proof that disproportionately impacts conscripts, alongside ongoing federal court cases addressing the definition of “membership.”
Policy Shortcomings: Insight into the Canadian government’s rushed designation process, the absence of exemptions for conscripts, and the lack of consultation with stakeholders or training for immigration officers.
Why This Matters:This designation has far-reaching consequences, affecting thousands of Iranians in Canada who face inadmissibility rulings despite having no ideological ties to the IRGC. With no humanitarian considerations, lengthy ministerial relief processes, an
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In this episode, Vancouver criminal defense lawyer and Driving Law podcast host Kyla Lee unpacks Canada’s criminal justice system, tackling listener questions on bail, sentencing, and mental health treatment. From the nuances of bail hearings and the presumption of innocence to the principles of sentencing like deterrence and rehabilitation, Kyla offers expert insights into how courts address crime, trauma, and addiction. She also explores controversial topics like involuntary treatment, the impact of Gladue reports for Indigenous offenders, and the challenges of prison overcrowding, while proposing solutions like supportive housing to address root causes of crime.
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When permanent residents and foreign nationals can be found inadmissible for violating human or international rights.
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Deanna and Steve discuss an internal IRCC document listing numerous challenges that employers are having with IRCC, including processing delays, security screening, the BC PNP, high points in Express Entry, and more.
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Daniel Hiebert is an Emeritus Professor of Geography at the University of British Columbia.
We discuss his recent paper for the CD Howe Institute titled "Balancing Canada’s Population Growth and Ageing Through Immigration Policy."
Those who support high immigration levels often say that Canada's ageing demographics makes immigration a necessity. This conversation is a deep dive into this issue.
One thing is apparent. There are no easy solutions.
It is going to take massive increases and changes to immigration levels and policy that likely are not sustainable or politically feasible.
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Mark Holthe is an immigration lawyer in Lethbridge and the President of the Canadian Immigration Institute.
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Benjamin Meadow is a lawyer in Vancouver, British Columbia.
We discuss whether landlords can charge temporary residents more for rent or security deposits, when a foreign worker's lease is tied to their employment, landlords discovering illegal subletting, and more.
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We breakdown the immigration promises of the 2025 Canadian federal election.
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Connie Campbell is an immigration lawyer in Vancouver.
We discuss the Federal Court decision in Talukder v. Canada (Public Safety and Emergency Preparedness), 2024 FC 1489.
Is inadmissibility for membership in a terrorist organization too broad?
Is the Bangladesh Nationalist Party a terrorist organization?
What about Samidoun?
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Randall Cohn, an immigration lawyer in Vancouver, joins to discuss his reasons for leaving the Canadian immigration law practice area.
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"Incompetence of counsel" in the Canadian immigration law context refers to situations where an applicant seeks to set aside a decision (e.g., refusal, removal order, etc.) on the grounds that their legal or immigration representative provided ineffective or negligent assistance, which prejudiced their case.
Arsheep Kahlon joins to discuss the key elements of how this argument works.
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Martin Basiri is a Co-Founder and the former Chief Executive Oofficer of ApplyBoard, a Start-Up Visa Program company that in 2021 reached a valuation of $3.2-billion. He is currently the Founder of and CEO of Passage, which enables immigrants and international students by providing financial access.
Martin is part of Build Canada, an organization that helps Canadian entrepreneurs share their ideas for a bolder, richer, freer country.
We discuss Martin's proposal Great People, Greater Canada: A Talent First Immigration Strategy for Canada, which contains specific proposals to reposition Canadian immigration law, and particuarly its economic class, as one focused on bringing the best talent to Canada, rather than other political considerations that currently seem to be prioritized.
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On March 14, 2025, the Supreme Court of Canada released its decision in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6.
Prior to the case, in Saskatchewan’s provincial correctional institutions, inmates charged with disciplinary offences had to appear before a disciplinary panel, where the standard of proof was a balance of probabilities, even for major offences that may result in up to 10 days of disciplinary segregation or the loss of up to 15 days of earned remission.
The Supreme Court found that this violated sections 7 and 11(d) of the Charter, and held that to the extent that the law permitted the imposition of disciplinary segregation and loss of earned remission for an inmate disciplinary offence on a lower standard of proof, it is inconsistent with the Constitution and must therefore be declared to be of no force or effect.
As noted by the dissent, the case could have implications for Canadian immigration law.
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Deanna discusses the new Ministerial Instructions rolling out the long awaited caregiver pilots on 31 March 2025.
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Over 300,000 Canadians have signed a petition calling on the government to revoke Elon Musk's citizenship. Is this possible, and should it be?
We also discuss the ongoing saga about changes to the law and policy regarding citizenship by descent.
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Chantal Desloges is an immigration lawyer in Toronto.
We discuss what the various Liberal leadership candidates have pledged regarding Canadian immigration policy, with a focus on Mark Carney and a speech that he gave to the Century Initiative.
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