Latest news with #RefugeesandCitizenshipCanada


Edmonton Journal
an hour ago
- Politics
- Edmonton Journal
Iranian who killed someone in England gets another chance to stay in Canada
Breadcrumb Trail Links A Federal Court judge granted Sirus Lotfi's application for a judicial review, overruling an immigration officer's refusal of his last ditch plea to stay in Canada Article content An Iranian whose refugee claim was turned down in Canada because he was convicted in England 16 years ago of a serious assault that left one person dead and another two injured will get another shot at arguing he should be allowed to stay here because his bisexuality, Kurdish ethnicity, conversion from Islam to Christianity and identity as a Westerner would all put him at risk back home. Article content An immigration officer refused Sirus Lotfi's last ditch plea to stay in Canada in March 2024, arguing he had not provided sufficient evidence to establish the basis for his protection claim. 'I respectfully disagree with this position,' Justice Angus Grant wrote in a recent Federal Court decision out of Toronto. 'On the core details related to the applicant's risk factors, the affidavit (outlining those) was detailed and comprehensive. This was particularly the case with respect to (Lotfi's) sexual orientation. The affidavit contained many details, from the applicant's first homosexual encounters, to subsequent relationships, to his time spent in Tehran, frequenting a park where gay men would meet. Moreover, the documentary evidence before the officer clearly raised concerns with respect to the applicant's safety, assuming the risk factors he raised in his affidavit were true. This being the case, there was simply no doubt that the facts set out in the applicant's affidavit, if believed, would have justified granting the application.' Article content The judge noted 'the well-established principle that when an individual in refugee protection proceedings swears to the truth of their testimony, that testimony is presumed to be true unless there is a valid reason to doubt its truthfulness.' The immigration officer's conclusion that Lotfi 'had not established facts that he had categorically and unambiguously sworn to be true' amounted to a 'veiled credibility finding,' Grant said. In other words, the immigration officer questioned Lotfi's honesty without explicitly stating the Iranian's credibility was in doubt. The judge granted Lotfi's application for a judicial review. 'The matter is remitted to a different decision-maker for reconsideration,' Grant said in his decision dated June 18. Lotfi 'entered Canada in November 2022 on a fraudulently obtained passport and made a claim for refugee protection,' said the decision. Article content 'He did not have any other identity documents with him at the time, so he was arrested and detained by the Canada Border Services Agency.' While Lotfi was in detention, Immigration, Refugees and Citizenship Canada 'learned that in April 2009, the applicant was convicted in England with intent to do grievous bodily harm,' it said. 'The Canadian equivalent of this offence is aggravated assault.' Because of his conviction, for which he served half of a 10-year prison sentence, 'Lotfi was referred for an admissibility hearing before the Immigration Division of the Immigration and Refugee Board,' said the decision. It found Lotfi 'was inadmissible to Canada on grounds of serious criminality.' That meant Lotfi became ineligible for his refugee claim to be heard, so he applied for a pre-removal risk assessment — his last ditch plea to stay in Canada. Article content For that hearing, Lotfi submitted a detailed written argument alleging that he would be at risk in Iran on four distinct grounds. But the immigration officer hearing his case noted Lotfi's lack of supporting evidence to establish his claim for protection. The court heard Lotfi 'had essentially no relationship with his mother in Iran, and moved to Germany as a young adolescent, where his father placed him in a boarding school.' At some point his family 'stopped paying tuition fees for this school, and he was subsequently placed in a Christian orphanage where he lived until he turned 18,' said the decision. 'Over the course of these years, (Lotfi) grew disconnected with his Islamic background and gravitated towards Christianity. At one point while at the orphanage, he tattooed a cross on his shoulder.' Lotfi 'also explained how he explored his sexual orientation while in the orphanage, though this was not easy to do. At 20, the applicant learned that his father had committed suicide. This led to a period of serious drug addiction, and in 2007 (he) was removed to Iran.' Latest National Stories


Ottawa Citizen
5 hours ago
- Politics
- Ottawa Citizen
DND and IRCC slammed by information watchdog over slow progress on access to information
Canada's information commissioner has called out the Department of National Defence and Immigration, Refugees and Citizenship Canada over sluggish progress on processing access-to-information requests that seek government records. Article content In 2024, the office of Information Commissioner Caroline Maynard received 381 complaints concerning DND and 925 complaints about IRCC, according to a new report. Article content Article content Article content By the end of fiscal year 2025, DND had 144 active complaints remaining, while IRCC had 216. Article content Article content Those two areas include 'a disregard of some program areas for their responsibilities to provide records to the access to information unit in a timely manner,' and that the department's access to information unit's 'resulting inability to take necessary actions' on determining the length of time needed for extensions. Article content Another report published by DND last year found the department responded to 58 per cent of access requests within timelines required by access-to-information legislation. This was a 4.5 per cent decrease from the previous year. Article content 'The commissioner views this downward trend as unacceptable, raising serious questions about DND's commitment to transparency and accountability,' Maynard wrote. Article content Article content DND has continued to fail to meet legislated standards, the report said. Article content Article content The department has had a long history of incidents involving the destruction and withholding of records. Article content In 2018, a military officer at the civilian trial of Vice Adm. Mark Norman testified that Canadian Armed Forces leadership circumvented the Access to Information Act to hide records even though those had been legally requested. Article content Then in 2023, the Ottawa Citizen revealed that the office of Gen. Wayne Eyre, who was then the chief of defence staff, falsely claimed records requested under the access law didn't exist. The records in question had been leaked to the newspaper by sources concerned that copies were being destroyed or illegally withheld.

Business Standard
11 hours ago
- Politics
- Business Standard
Canada's immigration system vulnerable to abuse? What IRCC report reveals
Immigration, Refugees and Citizenship Canada (IRCC) has confirmed multiple cases of internal misconduct, including a bribery attempt involving the approval of study permits—raising concerns over the system's vulnerability to insider abuse. The findings were released last week in the department's annual misconduct report covering the 2023–2024 period. The IRCC, which processes millions of immigration applications each year, employs more than 11,000 staff across units handling study permits, work permits, permanent residency and refugee claims. According to the report, 62 out of 76 internal investigations led to confirmed misconduct. These included harassment, privacy breaches, and violations of the IRCC's code of conduct. Bribery attempt and insider threats In one case, a processing agent used an internal messaging tool to ask a colleague whether they would accept money to approve a study permit. The agent later claimed the message was sent by someone else using his laptop—a person to whom he allegedly owed money. The case has led to renewed scrutiny of internal controls at IRCC. 'Insider misconduct poses a serious threat to the fairness and integrity of Canada's immigration system, particularly within high-volume visa streams where oversight is inherently more challenging and the stakes for applicants are significant,' said Ketan Mukhija, senior partner at Burgeon Law. Conflict of interest and inappropriate conduct The report identified three employees in breach of IRCC's code of conduct. One was caught making disparaging remarks about clients from a specific country. Another officer developed a personal relationship with an asylum claimant staying at an IRCC-run hotel. The staff member gave the claimant advice on navigating the department, provided preferential treatment, and co-signed a car loan. This led to an unpaid suspension for conflict of interest. Marriage fraud flagged among applicants IRCC also recorded cases of marriage fraud—where applicants attempt to gain immigration benefits through fake relationships. Officers are trained to detect 'marriages of convenience', which are criminal offences under Canadian immigration law. Expert criticism of oversight during Trudeau years Darshan Maharaja, a Canada-based immigration analyst, said the problem has grown over several years, particularly after Covid-19 restrictions were lifted. 'Looking from the outside, it seems that during Prime Minister Trudeau's tenure, scrutiny and oversight of the visa applications and approvals became very lax. For example, a couple of years ago, there was the case of 700 Indian students who had come to Canada on study visas based on fake admission letters from Canadian colleges. Over the past five years, the integrity of the immigration system was allowed to deteriorate significantly. The internal misconduct by IRCC staff is, in my view, a result of this deterioration,' Maharaja told Business Standard. Maharaja added, 'Canada's current immigration system is highly vulnerable to abuse by both insiders as well as outsiders. Some of the measures that were introduced last year to strengthen the system, such as requiring study permit applicants to submit proof of having secured residential accommodation, are not foolproof.' Disciplinary actions taken IRCC said it had taken a range of actions against staff found guilty of misconduct. These included: Written reprimands Unpaid suspensions Terminations Revocation of security clearances The department said it would introduce training and awareness programmes to encourage ethical conduct among staff. 'The goal of this report is to build confidence in our accountability systems,' IRCC said. 'The department plays a critical role domestically and globally—from managing temporary entries to settling newcomers, granting citizenship, and issuing passports.' Immigration policy under review The release of the report comes as the Canadian government works to limit the number of new arrivals. Under its 2024 immigration plan, the federal government has announced cuts to international student and temporary worker numbers. Permanent resident admissions will be capped at under 1% of the population annually, with overall immigration levels expected to be brought to what the government calls 'sustainable levels' by 2027. While IRCC says it has already introduced safeguards such as digital monitoring, reliability screening and task rotation, experts say more targeted enforcement is needed. 'These measures must be strengthened particularly in the areas of digital access controls, real-time monitoring, and whistleblower protections to effectively prevent insider abuse and curb exploitation by organised immigration networks,' said Mukhija. 'I believe that the system needs a major overhaul in order to serve the best interests of Canada and the visa applicants,' said Maharaja. Canada on Wednesday released details of its proposed Strong Borders Act, a Bill that could reshape how the country handles temporary residents and asylum seekers. The legislation, if passed, would allow authorities to suspend or cancel immigration documents, introduce stricter rules on asylum eligibility, and improve information-sharing across government. The proposed changes are expected to affect a wide range of immigrants, including Indian nationals, who continue to represent a large share of Canada's temporary and permanent migration flows. As of January 1, 2025, Canada had around 3.02 million temporary residents—students, workers and others—accounting for 7.3% of the country's total population. India remains the top source of new permanent residents, and Indian nationals are also a notable presence among asylum seekers. Total asylum claims had reached a record high of 470,029 by April 1, 2025.

Business Standard
2 days ago
- Politics
- Business Standard
Canada's Strong Borders Act: Tough new rules to hit visa holders, migrants
Canada on Wednesday released details of its proposed Strong Borders Act, a Bill that could reshape how the country handles temporary residents and asylum seekers. The legislation, if passed, would allow authorities to suspend or cancel immigration documents, introduce stricter rules on asylum eligibility, and improve information-sharing across government. The proposed changes are expected to affect a wide range of immigrants, including Indian nationals, who continue to represent a large share of Canada's temporary and permanent migration flows. As of January 1, 2025, Canada had around 3.02 million temporary residents—students, workers and others—accounting for 7.3% of the country's total population. India remains the top source of new permanent residents, and Indian nationals are also a notable presence among asylum seekers. Total asylum claims had reached a record high of 470,029 by April 1, 2025. What is the Strong Borders Act? Introduced by Public Safety Minister Gary Anandasangaree on June 3, 2025, the Strong Borders Act is intended to address growing concerns over irregular border crossings, asylum backlogs and fraud within the immigration system. The Bill is structured around four key pillars: 1. Control over immigration documents 2. Domestic information sharing 3. Streamlined asylum claim processing 4. Protection of asylum system integrity Control over immigration documents The Bill proposes to give the Canadian government broad powers to cancel, suspend or modify immigration documents, such as visas, eTAs, and permits. These actions would be allowed when deemed to be in the "public interest". Examples of "public interest" include: Responding to national emergencies or health risks Preventing fraud in immigration programmes Addressing large-scale misuse of public services The decision to use these powers would lie with the Governor in Council (the Governor General acting on Cabinet advice). Changes to immigration documents would not automatically affect someone's status under existing laws. Streamlining information sharing To reduce duplication and administrative delays, the Act proposes easier data-sharing between Immigration, Refugees and Citizenship Canada (IRCC) and provincial or territorial partners. This would: • Allow direct transfer of applicant data • Enforce clear privacy rules and legal safeguards • Ban provincial governments from sharing this data internationally unless authorised Information-sharing agreements will include boundaries on how the data may be used. Reforming asylum processing The Act introduces several changes to speed up and simplify asylum decisions: • All asylum claims will follow a standardised process, whether made at the border or inland • Online systems will support claim submissions • Only individuals physically present in Canada may have their claims assessed • Inactive or withdrawn claims may be cleared out quickly • Children and vulnerable claimants will receive support through designated representatives IRB referrals will happen faster, and those choosing to leave will face quicker removals. New rules on asylum claim eligibility Two new conditions would limit when claims can be referred to the IRB: • Asylum seekers must apply within one year of entering Canada (post-June 24, 2020) • Irregular entrants must apply within 14 days of crossing into Canada Claims made after these timeframes would be ineligible but claimants may still file for a Pre-Removal Risk Assessment (PRRA). Impact on Indian nationals While there is no specific breakdown by nationality for 2025, Indian nationals are known to be a major segment among temporary residents, especially students and workers. The new rules may bring: • Tighter scrutiny on visa extensions and new applications • Stricter timelines for those considering asylum claims • Changes to how their data is shared between governments The Bill awaits parliamentary approval. Once passed, asylum ineligibility rules would apply to all claims filed on or after June 3, 2025. Officials say implementation will involve close coordination with provinces and regular assessments to track the impact of the reforms. 'Asylum decisions should be timely and fair, and the system must have integrity,' said Gary Anandasangaree, Minister of Public Safety. The government has said it will monitor the rollout to ensure vulnerable individuals are not left behind as the system changes.


Toronto Star
2 days ago
- Business
- Toronto Star
Canadian population growth continued to slow with almost no increase in Q1: StatCan
OTTAWA - Statistics Canada says population growth stalled in the first quarter. The agency says the Canadian population rose by 20,107 people from Jan. 1 to April 1 to 41,548,787, the smallest increase since the third quarter of 2020 when it contracted by 1,232 people. The increase was so small that it amounted to effectively no growth, StatCan said. 'This was the second-slowest quarterly growth rate in Canada since comparable records began (first quarter of 1946), behind only the third quarter of 2020 and tied with the fourth quarter of 2014,' the agency said in its release Wednesday. ARTICLE CONTINUES BELOW It was the sixth consecutive quarter of slower population growth after a decision by the federal government in 2024 to lower the levels of both temporary and permanent immigration. However, immigration still accounted for all of the population growth in the quarter as there were 5,628 more deaths than births in Canada. Canada admitted 104,256 immigrants in the first quarter of 2025, while net emigration totalled 17,410. Meanwhile, the number of non-permanent residents dropped by 61,111. While the rate of population growth slowed during the first quarter, Statistics Canada said immigration levels remain high, though comparatively lower than in recent years. The agency said it was the smallest number of immigrants admitted during a first quarter in four years. 'However, prior to 2022, Canada had never welcomed more than 86,246 immigrants in a first quarter (which occurred in the first quarter of 2016),' the agency said. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW In October of last year, Immigration, Refugees and Citizenship Canada released information on its 2025-27 Immigration Levels Plan, which included targets for international students and temporary foreign workers for the first time. 'In recent years, Canada welcomed newcomers to support our economy and address labour market needs. As we move away from post-pandemic measures, there is a need to better align temporary and permanent resident immigration levels with community capacity,' the federal government said at the time. This report by The Canadian Press was first published June 18, 2025.