Welcome Home: An Immigration Law Podcast Emond Publishing

Has a client ever mentioned why they chose you? Have you ever asked? If you had to guess what matters most to your clients when selecting a legal representative, what do you imagine their answer would be?

In this episode, Chantal and Cathryn explore a client’s perspective and learn about the surprising things that matter most to a client seeking representation in an immigration law case. They interview two Jane Does, anonymous clients who discuss their processes for selecting a lawyer/consultant, describe the behaviours that would immediately disqualify someone, and share their expectations regarding truthfulness, responsiveness, and empathy. If you thought an untarnished track record of success was the most important thing you could advertise to a potential client, think again – it may be time to brush up on your "bedside manner" instead.

Other topics include:

Cultivating an authentic connection with your clients and the role of honesty from both sides – keeping in mind the timeless wisdom of “under-promise and over-deliver."

The importance of empathy when dealing with cases that have life-changing implications for your clients – and how to deliver bad news in the kindest way possible.

A personal story of how Jane Doe dealt with the threat of deportation and how one person made the eventual experience of deportation more tolerable for her.

What should you do when faced with an area of law that you are unfamiliar with? In this segment of “What I Wish I Knew,” Chantal and Cathryn offer their insights into navigating this tricky situation.

Unlimited intake quotas, limited processing targets, inaccurate processing times, and resource constraints all contribute to the massive and seemingly perpetual IRCC backlog. With many cases dragging on for years and being unfairly dismissed or refused, should group litigation be considered to protect applicants' right to procedural fairness and legitimate expectations?

On this episode, we welcome esteemed immigration counsel Pantea Jafari to discuss her federal court case, Tafreshi v. Canada. In 2022, Pantea won a group litigation case involving a backlog of visa applications—most notably from Iranian applicants—unfairly dismissed under the Self-Employed Class.
Other topics include:


Tips and tricks for preparing IRCC documentation: litigating vs. re-applying.
Mentorship in the immigration law community.
Managing your caseload.

Have you ever had a client that was over-involved, vengeful, or unresponsive? In this segment of “What I Wish I Knew,” Chantal and Cathryn offer their seasoned strategies for dealing with difficult clients.
Special Guest: Pantea Jafari is a founding partner and lead counsel at Jafari Law in Toronto and Halifax. Her expertise spans the entire spectrum of immigration law, and she represents clients in all related matters. Pantea serves on the executive committee of the Ontario Bar Association’s Citizenship and Immigration Section and the board of the Canadian Muslim Lawyers Association.

An individual can only make ONE refugee claim per lifetime. Every year, thousands of individuals flee to Canada and exercise their one and only opportunity to make a refugee claim. Many of these refugee claims are from individuals escaping domestic violence with their children.
 
In this episode, Chantal and Cathryn sit down with immigration and refugee lawyer Cheryl Robinson to discuss the intersection of refugee law and family law. How can you identify a refugee claim with an issue of exclusion and what are the next steps? Cheryl sheds light on her experience managing these claims and preparing clients for these specialized cases. Learn about trauma-informed lawyering, severed claims, cross examination, evidence application at the RPD, unsolicited evidence, language barriers, and more in the context of refugee claims with exclusion issues.
 
Given the emotional toll and high-risk nature of refugee law, how can practitioners define and maintain professional boundaries with clients? In this segment of “Tales from the Trenches,” Chantal and Cathryn share moments from their careers where a lack of boundaries impeded their professional abilities and offer advice on drawing these lines appropriately.
 
View the Immigration and Refugee Board’s 2022 revision of Chairperson’s Guideline 4 at https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir04.aspx
 
Special Guest: Cheryl Robinson is a staff lawyer with the Refugee Law Office of Legal Aid Ontario, specializing in immigration and refugee law. She has argued before all levels of the IRB and the Federal Court and was lead counsel on the FCA case Huruglica v. Minister of Citizenship and Immigration.

Why is Canada falling behind in business and corporate immigration? With minuscule applicant intake numbers, protracted processing times, and unwieldy programs with no guarantees of residency, one could argue that Canada is CLOSED FOR BUSINESS, or at the very least risk-averse when it comes to foreign entrepreneurs.

Join Chantal and Cathryn as they sit down with immigration lawyer Robin Seligman to review Canada’s business and corporate immigration programs. Learn about current pathways: PNPs, Start-Up Visas, Immigrant Investor, and Self-Employed Persons. Then, hear our hosts and guests propose their own requirements for a viable and balanced program that would benefit foreign entrepreneurs and the Canadian economy.

Never ask your client a question you do not already know the answer to. Hear how Chantal and Cathryn learned this piece of legal wisdom the hard way in a new podcast segment, “Tales from the Trenches.”

Other topics include:


Essential advice for clients seeking to immigrate to Canada as a businessperson.
Immigration “astronauts.”
CBSA application reviewing practices.
Temporary vs. permanent residency pathways.
Preparing financials for applications.
Are forensic accountants and third parties necessary?

Special Guest: Robin Seligman, Founder of Seligman Law in Toronto and adjunct professor at the University of Western Ontario Faculty of Law.

*Explicit content rating due to coarse language

Chantal and Cathryn welcome Lisa Middlemiss, an immigration lawyer at Gomberg and Dalfen in Montreal to discuss the opportunities and obstacles of Canada’s new virtual citizenship process.
  
With processing times longer than pre-pandemic and the sense of ceremony diminished for applicants, Chantal, Cathryn, and Lisa discuss the transition of interviews, tests, oath ceremonies, and some application processes to online platforms. Do e-citizenship processes just need a few improvements, or should we return to in-person citizenship events after the pandemic?
 
We then dive into a discussion of IRCC’s new permanent residency/citizenship application portal. Lisa and our hosts examine the benefits and drawbacks of the portal’s self-representation model for both legal representatives and applicants. They offer helpful hints for walking clients through the digital process and advice on documents to upload in the portal. Will the IRCC enable the role of legal counsel in the future?
 
In this episode’s segment of “Things I Wish I Knew,” Chantal and Cathryn breakdown bulletproofing. They discuss the importance of challenging clients on their statements and evidence before they face opposition. 
Other topics include: 


Access to information requests. 
Misrepresentation vs. Innocent Mistakes 
Residency fraud in citizenship applications. 
Managing client expectations. 

Guest Star: Lisa Middlemiss, an immigration lawyer at Gomberg and Dalfen in Montreal who specializes in matters relating to residency and a member of the Executive of the Citizenship and Immigration Section of the Canadian Bar Association.

Explicit content rating due to coarse language.

On this week's episode of Welcome Home, join our hosts as they sit down with Steven Meurrens, partner at Larlee and Rosenberg and host of the Borderlines podcast, for a fascinating review of the top Federal Court cases from 2021 and their implications on your day-to-day immigration practice.

We begin with two cases that impact practitioners representing clients facing allegations of misrepresentation and criminal inadmissibility.

·Singh v. Canada (Citizenship and Immigration), 2021, FC 959 on flagpoling and misrepresentation by omission at
ports of entry into Canada

·Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156 on expanding the scope of S.34 of the IRPA

As Canada’s immigration backlog approaches 2 million applicants, Chantal, Cathryn, and Steven, review some new federal court cases dealing with mandamus applications during COVID-19.

·Almuhtadi v. Canada (Citizenship and Immigration), 2021 FC 712

·Aguirre v. Canada (Citizenship and Immigration), 2021 FC 678

How do you talk about legal fees with your clients? In this episode’s segment of “What I Wish I Knew,” Chantal and Cathryn discuss their best practices for law firm billing. They discuss the importance of being confident in your worthwhile maintaining trust in lawyer-client relationships.

Special Guest: Steven Meurrens is a senior partner of the Larlee and Rosenberg Immigration Law Firm in Vancouver and host of the Borderlines podcast.

Explicit content rating due to coarse language.