Live webinar June 15, 2023 at 11:00am EST
OR available available video recording
This course delves into the world of applications that are often required as a last resort, due to clients not being eligible under regular immigration programs or because of prohibitions to applying. Our instructor will discuss what types of application are appropriate for humanitarian and compassionate requests, the legal test and when such relief is not an option. Topics will also include what to consider before applying, what evidence to include as part of these applications, ethical considerations and common mistakes made by H&C applicants.
The course will then provide an in-depth discussion of applications for Temporary Resident Permits. The instructor will cover the legislative and policy basis for such permits, how to diagnose the need for one, and what strategic considerations come into play in such cases. The course will also address the documentary requirements, the logistics, and how to persuade the decision maker, including analyzing a fact scenario in order to contextualize our learning. Finally, remedies for refusals will be discussed.
- Statutory framework and policy directives
- Who can apply and cannot apply
- Legal test
- Supreme Court case of Kanthasamy
- Inside Canada requests
- Outside Canada requests
- Common Case Types
- How to draft well
- Effective use of up to date case law
- Particular considerations related to best interests of the child
- General ethical issues
- Common pitfalls
- After approval
- After rejection
Part Two: Temporary Resident Permits
- The legislative definition, and structure of the Act
- Policy instruments
- Important case law
- Corollary benefits of a TRP – study permit, work permit, Permit Holders Class
- The client intake interview – diagnosing the factors, advising the client, what to watch for
- Requirements for a complete application
- Writing a persuasive TRP submission
- Corroborative evidence
- Where to submit the application
- After submission – processing times, updating the application, following up
- Remedy for refusals – reapplication or Judicial Review? ATIPs
For Lawyers and Paralegals
Law Society of Ontario
• Substantive Hours: This program is eligible for up to 5 hours
Law Society of British Columbia
• Approved for 5 CPD credits
Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
• For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements
For Regulated Canadian Immigration Consultants
College of Immigration and Citizenship Consultants
• Approved for 5 CPD hours (including 40 minutes of ethics/professionalism)
• Video recording valid until July 15, 2024
Further accreditation pending approval
Barrister & Solicitor – Certified Specialist
Senior Partner, Desloges Law Group
Chantal Desloges is certified by the Law Society of Ontario as a Specialist in both Citizenship/Immigration law and Refugee law. Her practice encompasses every possible area of Canadian citizenship, immigration and refugee law, such as business class applications, skilled workers, family sponsorships, work and study permits, refugee cases, citizenship applications, plus Appeals and Judicial Reviews of refused cases. She was called to the Bar of Ontario in 1999 and is the founding and senior partner of Desloges Law Group.
Chantal taught Immigration Law at Osgoode Hall Law School in 2000/2001. She also taught in the Immigration Practitioner Certificate Programme at Seneca College from 1999 – 2010 and the Immigration Consultant Diploma at Herzing College from 2015 – 2018. She currently teaches a number of continuing professional development programs for LPEN, IMEDA and the Ontario Bar Association, among others.
In November, 2016, Chantal and her good friend Cathryn Sawicki published the Canadian Immigration and Refugee Law: A Practitioner’s Handbook. Chantal has been called upon 15 times by Parliamentary and Senate Committees to appear as an expert witness on immigration and refugee issues.
In 2012, Chantal was awarded the Queen’s Diamond Jubilee Medal, followed by the Canadian Bar Association Young Lawyers’ Pro Bono award. In 2013, Chantal was appointed by the Minister of Justice to serve on the Federal Court Rules Committee, and was reappointed for a further term in 2016. In 2014, Chantal was also elected to the Executive of the Canadian Bar Association, Immigration Section, where she served until 2018.
Chantal is a regular immigration commentator on CTV Power Play, and has been interviewed by both national and local television stations such as CBC, CTV National News, W5, Canada AM, Global News and CP24. She has also been interviewed and quoted in national and local newspapers such as the Toronto Star, Toronto Sun, Globe and Mail, National Post and the Ottawa Citizen.