#30 – Excluding Family Members from Immigrating vs. Compassion, with Jamie Chai Yun Liew

Jamie Chai Yun Liew is a law professor at University of Ottawa and an immigration lawyer. She acted for the Canadian Council for Refugees as intervener before the Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration).

Jamie, Peter, Deanna and Steven discusses humanitarian & compassionate considerations in Canadian immigration law, including the Supreme Court of Canada decisions in Baker and Kanthasamy. We also discussed Regulation 117(9)(d), which excludes unexamined family members from future sponsorship, and the recently announced pilot to mitigate the impact of this exclusion.

2:45 – What is Regulation 117(9)(d)?

6:30 – What is a Family Member?

7:00 – What does it mean to be “examined” for immigration purposes?

7:30 – What are the consequences of someone’s ability to immigrate to Canada if they have an inadmissible family member?

14:00 – How does IRPR r. 117(9)(d) work to exclude immigration?

15:45 – Why would someone not declare a family member when they immigrate?

26:00 – What options are available to bring a family member excluded by Regulation 117(9)(d) to Canada?

33:00 – What is the difference between a humanitarian & compassionate application vs. a family sponsorship?

36:00 – What was the Supreme Court of Canada decision in Baker?

39:00 – What was the Supreme Court of Canada decision in Kanthasamy?

50:00 – What were the Minister’s recent announcements regarding Regulation 117(9)(d)?

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