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Victims of Fake Immigration Consultant

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Choosing a representative may be the most important decision for the applicant. Canadian immigration officers and Federal Court justices are, in general, not sympathetic to applicants who hire representatives and those representatives mess up their application. A40 is very clear that the actions and decisions of the agent are squarely on the shoulders of the applicant. We have helped many, many (MANY!) applicants respond to A40 concerns by IRCC Officers and CBSA Officers. These cases are extremely serious and we may have to deal with potential consequences to all family members. Many potential victims.

In Winnipeg, the Nigerian community has been rocked by the criminal actions of Chinenye Alozie who was convicted of acting as an unauthorized immigration consultant and misrepresenting facts. He was sentenced to 2 years house arrest for actions he took between 2014 to 2019 – five (5) years of messing up applicants’ files. The damage from Mr Alozie’s criminal actions are widespread. Families are at risk of deportation. Applicants are suffering from mental health issues. CBSA has been systematically going through old files and investigating folks – even if they have since become Permanent Residents or Canadian citizens.

NOTE: Misrepresentation can be an issue at the federal level as well as the provincial level. We have also helped clients deal with this issue re MPNP. 

Criminal Actions

Full disclosure: CIL has represented individuals who were formerly assisted by Mr Alozie and we have been helping our clients. Our goal is to help clients respond to the Officer’s concerns. Thus far, none of our clients who were assisted by Mr Alozie have been deported from Canada. We have been successful with all these files and we will continue to help victims who made the mistake of hiring Mr Alozie.

As reported by the Winnipeg Free Press, Mr Alozie owned a restaurant in Winnipeg and he received significant funds from individuals as part of this scam:

Chinenye Alozie pleaded guilty to acting as an unauthorised immigration consultant and misrepresenting or withholding facts on immigration applications. (Supplied)

Alozie “is not a licensed immigration consultant, nor is he a lawyer,” Crown attorney Matthew Sinclair told provincial court Judge Stacy Cawley at a sentencing hearing Tuesday. “He is not entitled to represent people with respect to their applications.”

A look into Alozie’s bank records found deposits of $90,000 in 2016 and $120,000 in 2017 from people believed to be foreign nationals, Sinclair said. An investigation by Immigration, Refugees and Citizenship Canada found 52 deposits were from people applying to come to Canada as temporary students, workers or visitors.

As noted above, WFP reports that at least 52 deposits were found on various applications. In our conversations with CBSA, CIL learned that more than 200 individual victims may be investigated. These victims are not only the applicants who hired Mr Alozie. That group also includes family members of those applicants who may also be inadmissible to Canada.

Criminal Agents in Winnipeg

This is not the first shady agent in Winnipeg, of course. Mr. Alozie is part of a group of criminals who have created victims in the immigration system. Also in 2020, Mr Zhihao Jia was also criminally charged for unlawfully representing people applying for immigration, misrepresenting facts on immigration applications, and communicating false or misleading information with the intent of inducing immigration to Canada. This is an offence under IRPA.

Jiatoo Immigration Consulting has closed and many Chinese families are facing investigations by CBSA. They are also at risk of losing their status and being removed from Canada. Thankfully, we have helped both Nigerian clients who made the mistake of hiring a shady agent as well as Chinese clients who made the same mistake. None of our clients have lost their status.

Helping Victims of Scams

As noted above, we have helped many victims of these scams. In one example, we met with the CBSA Officer many times with our client. He explained the scam and he explained how our client may have benefited from the scam. In one case, our client was able to find her financial documents from the period of her initial application to come to Canada to show the Officer that she actually qualified for the program at that time.

CBSA Officers have broad powers to deal with A40 issues. As noted in IRPA:

Misrepresentation

  • 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

    • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

    • […]

Indirectly misrepresenting means that the applicant may hire a shady agent (eg Mr Alozie, Mr Jia, etc) and they, the applicant, are responsible and may be punished for the actions of these shady agents – even if they had nothing to do with the mistake.

In one case, we got this warning letter from CBSA (see photo). This is the best possible result. Congratulations to our client. She was extremely grateful for the services at CIL. I believe Naomi worked many hours on this file to help this family.

Victims of scams suffer greatly. I cannot overstate the ripple effect of these mistakes. If one (1) family member is inadmissible per A40, then ALL family members are inadmissible. This means the whole family may be forcibly removed from Canada and they all lose status. One mistake from many years ago can come back to bite the whole family.

Further Information

Here are some of the cases the Team at CIL have handled over the years related to misrepresentation:

Federal Court Success re MPNP and Misrepresentation

Success: Client gets Warning Letter from CBSA

Victims of Fraud in 2022

 

Free Presentation: Law Society of Nunavut

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The Senior Program Manager and Advisor, Dr Jaremko, invited Alastair Clarke to give a presentation on immigration law to members of the Law Society of Nunavut. Mr Clarke accepted this opportunity to meet and speak with members of the Law Society of Nunavut. Collaboration is extremely important within the legal community. As immigration law is national in scope, many of the issues that affect individuals in Nunavut are similar issues to folks in Manitoba, Ontario or other provinces.

Details are posted online:

Primer on Immigration Law

Continuing Legal Education (CLE)

Join us for the Lunch and Learn Series 

Who?  Alastair Clarke, Principal Clarke Law, Winnipeg

What? Primer on Immigration Law

When? Thursday August 22 from 12- 1 pmET   Online

How?  Online via Zoom

Watch Here: https://youtu.be/MjISYrnDruw

Presentation:Here

Recognized CLE hours:  1hour and 15 minutes of Substantive legal or procedural issues Cultural Competency / Culture care & relations (Indigenous Law/ EDI)  / Courses or On-Demand Programs / Courses

UPDATE:

Thank you for all the participants. The presentation is available online on YouTube.

IRCC Cutting 500,000 Temporary Residents from Canada

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We meet with individuals every day who want to come to Canada or stay in Canada. When the Liberals were elected and for many years thereafter, they ramped up immigration. New programs. Expanded streams. Pilot projects. Expanding the system. During those years, Canada welcomed a record number of international students, workers and other temporary residents. They created the popular TR to PR pathway. Those days are over.

The current Liberal government is extremely unpopular, losing a byelection that was a stronghold for decades. The housing crisis has been blamed on immigration (to be clear, I do not share this opinion). I have also read reports that high inflation is also being connected with high immigration numbers. Immigrants and international students are easy targets for lazy politicians who are feeding off public unrest.

New Dark Era for Immigration

I have published articles on the changes to Canadian immigration over the past months. IRCC Minister Marc Miller announced the goal to reduce the number of temporary residents from 6.2% to 5% of the population. According to this Reuters article:

But the Liberal government has also come under political pressure for its immigration policies, with critics arguing they have exacerbated a housing crunch. Some services provided by the provinces, such as education and healthcare, are also struggling to keep up with population growth.
The government wants to reduce temporary residents to 5% of the total population over the next three years from 6.5% in 2023, Miller said. That would be a cut of about 20% from Canada’s 2.5 million temporary residents in 2023.
These cuts would lead to 500,000 fewer temporary residents in Canada. This group includes international students, temporary foreign workers, visitors and other groups.
IRCC has been cutting programs and restricting access to the system. The online Webform was amended in 2023 to restrict access and make it more difficult to send updates to Officers. For Study Permits, the PAL system was implemented to further restrict the number of students coming from abroad.
Despite these changes, the Team at CIL have been successful with our clients. We continue to see our application approved and we love helping to guide our clients, despite the new restrictions.

Refusals and Appeals

The IRCC announcements and cuts will likely lead to a significant increase in application refusals and appeals. To appeal a decision by an IRCC Officer, one potential recourse would be litigation. Litigation is both difficult and requires particular expertise. I would guess that most immigration lawyers do not litigate. The Federal Court of Canada is currently overwhelmed with a huge backlog of cases waiting for judicial review. To be clear, an ALJR is a review process. The Applicant is limited in the disclosure process. They cannot, for example, submit a new application to the Court. The Court does not have the power to issue a Study Permit or a Work Permit.
The policy at CIL is that we only litigate files when we have done the underlying application. We meet many applicants who have hired shady agents or incompetent consultants. Those people may have filed poor applications on their behalf and their applications are rejected. They come to us for help. In many cases, it does not make sense to go to Court as the underlying application is poor. We cannot argue to a judge that the application should have been accepted.
The decision to hire the best professional is often the most important decision by an Applicant. This decision may have serious immigration consequences.

Cost(s) of Slow Processing (Repost)

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Alastair Clarke published this post on Slaw.ca, where he is a contributor to that website. We are cross-posting this information on the CIL website.

Legal procedures are often slow. “The slow wheels of justice,” as the saying goes. Within the immigration context, backlogs, delays, and lengthy processing take this saying to another level. Applications may take years. Families suffer from lengthy periods of separation while Visa Offices (some more than others) provide scant insight into their workflow. During the recent “modernization”, IRCC has added many online tools to address this perennial issue, including status bars, portals, and various means of communication. In certain situations, Officers are supposed to adhere to standard processing times.

For clients (or counsel) who reach a high level of frustration, the remedies to encourage or compel IRCC to make a decision on their applications are limited. One remedy is to request an Order of mandamus by the Federal Court of Canada. The legal test to obtain a positive decision from a Federal Court judge is onerous, as it is designed to be. The Court’s role to oversee decisions by IRCC Officers is extremely narrow. In those cases, however, where IRCC Officers have crossed that line and the legal test for the mandamus is met, the Court may also punish IRCC and award costs. It seems, the Court increasingly has an appetite to award costs, thus sending a clear message to the federal government and its Officers.

High Cost of Litigation

Access to justice has plagued the legal profession. You may have read other pieces in this space that refer to potential solutions, including contingency fee billing. In immigration, IRCC made the decision many years ago to allow Immigration Consultants to represent applicants, thus opening up the market beyond members of the Bar. Many consultants, however, use shady business practices, and their clients often become victims. These victims, or the ones who have learned a lesson, will then find counsel to fix the mess. In some cases, the result is that counsel has no other remedy than to go to Federal Court to request judicial review.

Even among immigration lawyers, the vast majority of counsel avoid Federal Court litigation. The high amount of work involved, the strict and draconian Rules of the Court and the high level of stress involved in these files leads to many counsel to avoid taking on these matters. For those of us who fight these battles, we are acutely aware of the gross imbalance between the resources of private counsel and the resources at the Department of Justice (DOJ).

In my office, we will often have a staff meeting before we agree to do this work. Everyone on staff needs to be prepared if we have to do an emergency Stay Motion or if CBSA issues a Deportation Order on a Friday afternoon while we are winding down. Many immigration boutiques simply do not have the extra bandwidth to take on this work.

Backlogs and Staffing

Another root cause of the long processing times is the significant backlogs across the system. Canada is often reported as a top destination country in the world. The number of candidates in the various queues, including the Express Entry pool, the provincial nominee pools, or the stacks of applications at Visa Offices has created a Sisyphean workload at IRCC.

Recently, here in Manitoba, the MPNP program announced that staff shortages in 2023 led to more than 2,000 nomination certificates not being issued to applicants – completely wasted. 2023 was highly unusual for the MPNP program. As I stated to CBC News, in previous years, the MPNP program has used all its certificates and, in fact, the high demand in Manitoba has led the MPNP to take and use certificates from other provinces.

I remember back in 2016, the newly appointed Premier of Manitoba promised to eliminate the backlog. Clearly, he did not have an advisor who was well-informed prior to making this promise.

As reported by the Immigration Advisory Council (I gave testimony to the IAC), the MPNP was issued 6,275 certificates in 2021 (100% allocated) and 6,367 in 2022 (100% allocated). The 9500 certificates issued in 2023 was a huge increase by IRCC to the MPNP program and, therefore, the fact that staff at MPNP were not able to process the high number is not surprising. I would argue that the fact that MPNP processed 7,348 in 2023 – almost 1,000 more applications than the previous year is a testament to good management.

Remedies

The question becomes: when an application is dragging on and on, what remedies are available to counsel? Good immigration lawyers, in my view, are very reluctant to start mandamus proceedings. Even without these applications, the Court is dealing with a flood of Applications for Leave and Judicial Review (ALJR) based on the high numbers of refusals by Officers or by IRB Members. In contrast to situations that may lead to an Order of mandamus, these refusals are matters that have been decided. The individuals likely have no other remedy. The Mandamus process adds further work for the Court to urge Officers to simply do their job.

From the above, you can probably imagine that I am reluctant to proceed with Mandamus proceedings. Typically, I try to talk potential clients out of taking this action. If they insist and I can see merit, then we will help.

In my practice, typically our Mandamus files do not end up at a hearing. In 2023, every one of our Mandamus files was resolved with the assistance of the Department of Justice (DOJ), communicating the situation with their client (IRCC), and that was sufficient to get our client’s application back on track. This is likely the result of sympathetic and reasonable lawyers in the Prairie Regional Office of the DOJ as much as the facts.

Of course, many Mandamus proceedings end up before a Federal Court judge. They are then forced to spend the time to review the application history, review the 8-step legal test set out in Apotex and make a decision re the duty to perform.

Costs & Special Reasons

Increasingly, I believe Federal Court justices are expressing their frustration with the Officers at IRCC by increasing the number of decisions where costs are ordered against the government. I remember when I started in 2008, getting costs was extremely rare. Keep in mind, this is purely my anecdotal experience. If any readers are aware of any data regarding the frequency of Federal Court justices awarding costs, please add this information in the comments below.

In 2021, Steven Meurrens provided a summary of some past cases at the Court where costs were awarded or where a judge considered a costs award. For me, the He decision in 2021 from Justice Sadrehashemi stands out. This was an ALJR of a woman who was applying to work as a caregiver for two (2) children in Vancouver. The Service Canada Officer had already granted the LMIA (this is often the most difficult step) and when the matter was before the IRCC Officer, the case dragged on for more than three (3) years. To be clear, one of the children who needed care aged from 10 to 13 while they were waiting for a decision. Costs of $1,500 were awarded against IRCC.

Recently, Justice Heneghan in the Al-Mashtouli decision also awarded $3,500 to the Applicants as well as an Order of mandamus. In this decision from 2024, the Court ordered IRCC to process the application within 120 days of the judgment. Kudos to Barb Jackman (my former immigration law professor from Queen’s) and all the work done by her office to get this judgment!

Trends for 2024

In 2023, IRCC Minister Marc Miller inherited a mess and he has been making difficult decisions. From my point of view, much more work is necessary to add clarity and consistency within the immigration system. Previous efforts to publish “average” processing times and “progress bars” online have added even more confusion. I have spoken with applicants whose “progress bar” shows 99% complete for months and they have no idea what they need to do to finalize the application. I expect IRCC will be making more difficult decisions to address the high level of frustration.

On the Court side, I also expect more orders for costs to Applicants. I believe judges at the Court are also frustrated with the high level of immigration files and this is one way for them to send a message to IRCC.

 

 

 

 

 

Update: Legal Aid is FIXED; CIL will start taking LAC in 2024

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As reported by CBC News, CIL made the difficult decision in DEC 2023 to stop accepting legal aid certificates. This decision was not made lightly. Alastair Clarke has had many conversations with Peter Kingley (K.C.), Executive Director of Legal Aid Manitoba over the past few years. We cannot disclose all the details of these conversations, of course. The decision in 2022 to increase funding for criminal and family matters, while not increasing funding for immigration was extremely concerning. We believe Manitobans want to support immigration. Manitoba has a strong history of helping people come to this province.

Alastair Clarke first started working with refugees in 2005, as a law student at Queen’s University. He worked at the Centre for Spanish Speaking Peoples legal aid clinic and he guided many refugee claimants through the process. For almost 20 years, he has continued the mission to help the most vulnerable people in the world. Feel free to watch his TEDx talk.

Based on all the work done by CBC News, in particular the work done by Arturo Chang and his attention to this important issue. We also want to thank other advocates in Manitoba that pushed Legal Aid Manitoba to make the right decision to (finally) increase funding for immigration. Victory! This is very good news and this funding will help many people

Starting 1 APRIL 2024, CIL will start accepting legal aid certificates. We strongly believe that lawyers need to use their skills and experience to help the most vulnerable.

To be clear, CIL has continued to help refugees even after we stopped accepting legal aid. Our refugee clients have been paying for those services on private retainers. We will also continue to accept clients on private retainers, depending on the circumstances. Our refugee claimants in Quebec, for example, do not qualify for Legal Aid Manitoba so they will continue to sign contracts for services.

TrustAnalytica: CIL is #1 Immigration Law Firm

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The team at CIL works incredibly hard for all our clients. We know we provide the best service and the best representation. It is nice to see that we are awarded recognition by our clients and by organizations. We love winning!

We were notified that we won the #1 position for the best Immigration Attorney in Winnipeg. This award is based on many criteria that you can read about on their website. They looked at many different immigration law firms and this is truly an honour.

As noted on their website:

Customers have praised Clarke Law’s exceptional professionalism, ethics, and knowledge in the immigration attorney category. They have been described as honest, confident, and passionate about their clients’ cases, providing outstanding service and clear instructions throughout the application process. Clients appreciate their commitment, competence, and integrity, making their experience stress-free and highly recommended for anyone seeking immigration counsel.

Unique facts about Clarke Law include their team being described as professional, polite, and knowledgeable. They offer affordable fees and are committed to helping clients determine the right application for their needs and goals. The team is friendly and always willing to answer any questions, providing top-notch service and making the entire process seamless and stress-free for clients.

Clarke Law specializes in all types of Permanent Resident status applications in Canada, covering a wide range of options for obtaining Permanent Resident Status. They offer a comprehensive range of services to help clients with different types of applications, ensuring that each individual’s needs and goals are met. Clients can expect to receive efficient and affordable services from a dedicated team of professionals when working with Clarke Law.

What is the purpose of a legal consultation?

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In this post, we explain what you can expect during an initial consultation with an immigration lawyer. We answer the questions: “what is the purpose of a legal consultation?” and “what can I expect during the initial meeting with a lawyer?” We also have links at the bottom to help you make this important decision.

At CIL, we get dozens of requests for a consultation every day. During the consultations, you will speak with an immigration lawyer and he will take comprehensive notes during these meetings. We love meeting new potential clients. You may bring family members, social workers, agents or friends to the consultation. These supporters may provide emotional support or they may also have questions. Everyone is welcome.

DEFINITION

According to online dictionaries, here is one definition of “consultation”:

a meeting with an expert or professional, such as a medical doctor, in order to seek advice.
Another definition:
the process of discussing something with someone in order to get their advice or opinion about it
You may book a consultation with a lawyer, a doctor, an accountant or other professionals. Hopefully, the specialist will have enough time, during the consultation, to review the relevant facts and provide useful advice on what you may, or may not, be able to do to remedy the problem or achieve your goals.
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WHAT HAPPENS DURING AN INITIAL CONSULTATION?

At the initial consultation with the immigration lawyer, you will have a chance to explain your situation. You can provide a brief description. The lawyer is not looking for you to recount your whole story. He needs a summary to assess the following points:

  • Understand the basic facts;
  • Determine the nature of the legal issue;
  • Assess your legal options;
  • Describe, in general, the steps involved in the different options;
  • Provide a general assessment on your prospects of success; and,
  • Provide a quote associated with the requested services.

At the end of the consultation, the lawyer will let you know if the team at CIL can assist. We are extremely busy and we serve hundreds of clients at any given time. If you have an emergency, please contact us as soon as possible to book a consultation.

CAN YOU RECORD THE CONSULTATION?

Yes, you can. Use your phone to record. Use your laptop. Use a recording device. We know that meeting with a lawyer can be stressful. We know that telling your story may be difficult and, potentially, quite stressful. Our goal is for your consultation to be a positive and useful experience. Bring family members. Record the consultation. Bring lists of questions.

We have had consultations where a potential client has described past trauma. We have tissue in our conference room. They brought a sibling to the consultation and recorded the entire meeting. The potential client was able to replay the consultation afterwards and listen to the legal options. Our goal is to help.

GETTING A LEGAL OPINION

An initial consultation with a lawyer is very similar to that of a doctor. When you first meet a doctor, they may do a brief examination and you may ask questions. You need to ensure that the doctor is the right doctor for your situation. Most matters involving lawyers or doctors are quite serious so you want to find the best professional.
We love meeting new people and we know you may have a high level of stress. We have met many people who have been “burned” by other immigration professionals. They are very cautious when they come and meet with us for the first time and they do not want another bad experience. Hopefully, during our consultation, we can have a useful conversation and you can decide whether the team at CIL is a good fit.
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HOW  MUCH DOES A CONSULTATION COST?

The team at CIL gets many (MANY!) requests for a “free” assessment and we know there may be shady agents who provide “free” consultations. CIL does not provide free consultations. Agents who do “free” consultations are not interested in giving any useful information. They give you a sales pitch. You get what you pay for – nothing useful. That is a waste of time for both the individual and the professional. In these cases, caveat emptor.
So how much should you pay for a consultation? In 2016, we published an article that includes 12 Tips for Choosing an Immigration Lawyer. As noted in that article:
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Consultation Fees range from CAD $150 to CAD $600, depending on the firm, and you should use this time well.
This information is, perhaps, out of date. We have not seen consultation fees at $150 for many years. Another website online provides this range of consultation fees:

You can see other quotes online for different fees for a consultation. The fees that lawyers charge are completely up to them and there is a huge range of professional fees from different immigration lawyers across Canada, in the same way, there is a huge range in the $$ that immigration lawyers charge for a consultation. For example, a lawyer in Alberta charges CAD $630.00 for a 50-minute consultation. From our point of view, that seems too high based on the level of service we can provide during a consultation.

GHOST REPRESENTATION

During a consultation, a lawyer cannot review applications, documents and provide legal advice so the individual may submit the applications on their own. This is called “ghost” representation and it is against the law. Lawyers cannot give comprehensive legal advice without being retained for many reasons, including requirements from their malpractice insurance carriers.

SIGNING A CONTRACT

OK – after the consultation, you may request a contract for a particular service. The contract will include a detailed section with Services and Fees. You should read the contract to understand the scope of the work.
Booking a consultation and meeting with a lawyer is not the same as retaining the lawyer or the law firm. The consultation does not mean that the lawyer is automatically your representative. For that, we must follow Law Society Rules. We need a signed contract that clearly outlines the services and fees. Once you have a signed contract and paid the deposit, you have retained legal counsel. We look forward to working with you.
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DO YOU NEED A LAWYER?

No, you are never required to hire a lawyer. That is your choice. In the same manner that, if you break your leg, you do not need to go to the hospital. It is recommended, but it is always your choice. Many people who come to CIL for a consultation do not sign a contract. The information from the consultation may be enough. From our point of view, that’s perfect. Hopefully, we were able to answer their questions and provide useful information.
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MORE RESOURCES

Here are a few articles for more information:

Changes to Webform/ CSE

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Even since Alastair Clarke gave testimony to the Parliamentary CIMM committee, IRCC has been “modernizing” the system. This has been going on for many years and we have seen many developments over the years to add online services and provide better, faster updates to applicants. To an extent, IRCC has been moving to a “customer” approach and we have seen significant changes in the office culture within government departments.

One of the tools that IRCC unveiled many years ago was the Webform/ Case Specific Enquiry (CSE). This was one of the first online tools created by IRCC so applicants & representatives could input their application # and provide updates for the Officer. I spoke with another lawyer and she indicated that the Webform/ CSE service has been available since at least 2015. In our research, we could not find exactly when the Webform was initially launched. It was many years ago.

In Nov 2023, IRCC changed the Webform/ CSE system. Applicants and representatives can no longer simply type information in the “free text box”. Now, it is more difficult to provide updates to the Officer. We now need to draft a document with the update, create a PDF and then upload the document(s) to IRCC. IRCC has made it clear that there has been significant abuse of the Webform/ CSE system. This seems to be a change designed to limit the # of webforms/ CSEs submitted to IRCC.

“I’ve sent IRCC a Web form every day for the past 6 months”

I remember meeting an applicant during a consultation last year who was very anxious. His application was in process and he came to CIL to enquire on the mandamus process. He explained that his situation was urgent and his family was suffering. He had been sending Webforms/ CSE requests through the IRCC every day for many months – with no progress. He booked a consultation to see how we could help. Our 1st piece of advice: stop sending webforms every day. That is not helping your case.

To be clear, we hear the frustration from clients and applicants almost every day related to delays and backlogs. I recently spoke with another lawyer who described a CPC as a “black hole” and she was extremely frustrated with the lack of communication and the dearth of updates from Officers. That being said, we also hear the frustration on the other side. During a CBA Immigration conference, a group of IRCC Officers described how in 2021, they received more than 1 MILLION enquiries/ updates via the online Web form/ CSE system. Officers were overwhelmed.

The Web form/ CSE System was Broken

I think it is very clear the Web form/ CSE system was broken. There has been a high level of frustration on both sides. Applicants are frustrated. We are sending updates to IRCC and the Officers are not getting the information. Here is an example:

  • I met an international student who got a 1 year PGWP. She spoke with a shady agent who mistakenly told her that she could extend her PGWP. She paid $3000 to this shady agent to submit the application. She then did some research and booked a consultation at CIL to get a 2nd opinion. We let her know that her PGWP would be refused. She was alarmed. She was the victim of a scam and she got bad legal advice. She submitted a Webform/ CSE to withdraw the application. She tried to fix the problem. But the IRCC Officer did not get the Webform/ CSE in time and, instead, the PGWP Extention was refused. She was ordered to leave Canada.

If the new web form system increases the chance to avoid this type of situation, then we support the change. Hopefully, the additional work to submit updates through the web form will mitigate the # of unnecessary/ frivolous updates and, in turn, lower the level of frustration on the side of the Officer. If Officers have less frustration, then, perhaps, we may see faster processing and more action when we send web forms to the Officer and our client’s situation is genuinely urgent.

AI Solution?

In general, I am sceptical that AI solutions will improve the immigration system. In this situation, however, I could see the benefit of an AI giving the Officer a preliminary assessment of the Web form/ CSE. The AI could, for example, identify if the Web form includes updates & information that was not previously disclosed. This could free up the Officer’s time and it could increase efficiency in the system

Fees for Service

As you know, CIL is 100% open and transparent with professional fees. No other immigration law firm has published more information online on their pricing & fees. In the past, under the former system, CIL has submitted web form/ CSE updates on behalf of clients at no additional cost. We did not charge any extra fees for this service. The amount of work involved in the former system was such that extra work did not warrant extra fees.

Under the new system, CIL will be charging for this service. IRCC has created a new system that requires more work to submit updates. This new amount of work is no longer trivial. This is not a decision that we take lightly. We do our best to provide value to our clients and we do our best to provide the best possible service.

 

Predictions for 2024

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We have published our reflections from 2023. It was a successful year for the team at CIL. We moved into a beautiful new office and we hired more staff. We will continue to focus on helping our clients and providing the best service.

We actually just got the news that we are ranked #1 at TrustAnalytica. Good start!

As you may know from this site, we have been ranked as one of the top immigration law firms for many years by other ratings companies. This is the first time we have been contacted by TrustAnalytica. We are humbled and honoured to be recognized (again) for the high quality of our work. Thank you!

Predictions for 2024

  • High rate of refusals for Study Permits

IRCC Minister Marc Miller announced in DEC 2023 new requirements for international students. Visa Officers are going to require more evidence for financial support. Officers are going to scrutinize applications even more than in the past. IRCC wants to avoid more scandals from international students hiring shady immigration consultants and becoming victims of these shady agents.

We predict that the number of Study Permits issued in 2024 is going to be lower than 2023.

  • Increase use of Chinook/ Advanced Analytics

During the COVID-19 pandemic, IRCC focused on implementing tech solutions across the system. One of the tools that have been implemented was the “Chinook” tool that “employs advanced analytics or artificial intelligence to automate decisions”, according to IRCC. 

In 2020, Alastair Clarke gave testimony to Parliament (CIMM Committee) and encouraged the use of tech solutions. The portals have been a strong improvement from the past practice of sending packages to IRCC by Canada Post or DHL or FedEx.

At CIL, we have fought (and won) many Federal Court ALJR where Officers used Chinook. These cases are going to become more common.

We predict IRCC will continue to increase the use of technology across the system. IRCC has invested significant $$$ in building these tech solutions and they are slowly being implemented around the globe.

  • Increase growth in Manitoba

Everyone knows that Canada is the #1 destination around the world. Based on the ongoing conflict between Ukraine & Russia and the recent military action in Gaza between Israel & Hamas, we continue to get many calls for people who are looking for a safe place to live.

Housing has become a significant issue in Canada. Cities that include Toronto, Vancouver and Montreal are becoming unaffordable. There is not enough housing for all the newcomers and they are looking at other cities in Canada. Recently, the Globe and Mail highlighted the diversity of cultures in Winnipeg. Many recent reports focus on the positives of living in Manitoba.

“We’re really lucky,” Mr. Hitzer said of the Winnipeg food scene, as we sat at the bar of his perpetually packed Exchange District restaurant. “There’s a blend of so many different cultures that have come here that you can really eat your way around the world, in a beautiful kind of way.”

Indeed, Winnipeg is no white-bread Prairie town. Nearly 14 per cent of Winnipeggers are Indigenous, 24 per cent are immigrants and 26 per cent are visible minorities – diversity stats that are all higher than the Canadian average.

We have already published how Manitoba is #1 for child care in Canada. 

We predict a significant increase in interest in Manitoba. It is going to become more competitive to be selected by MPNP and the strong demand is going to make the immigration process more difficult.

  • Chaos in the USA

2024 is an election year. It is clear that Trump is not going away quietly and his MAGA supporters are prepared to use violence. This coming election will likely lead to increase animosity against immigrants in the USA and more xenophobia.

For the past few years, we have helped many folks immigrate from the USA to Canada. (My parents moved from Chicago in the 1960s.) We do consultations with folks talking about “civil war”.

We predict the 2024 USA election is going to increase interest in Canadian immigration. People around the world are going to see the differences between the USA and Canada – if they have not already realized the big differences.

  • New Programs on Labour Market Shortages

It seems clear that the Liberals are not prepared for an entire modernization of the immigration system, even though IRPA is more than 20 years old and many sections are out of date. The IRCC Minister Transition Binder 2023 called on “planning for the future now”. It seems that means they are focused on addressing urgent needs by various labour market forces while ignoring the big picture.

During the Conservative’s time in power, they proposed and passed the Omnibus bill that made many changes/ amendments to IRPA. Many years later, the Liberals promised to fix those changes and they have not. I do not expect any sweeping reforms in 2024.

We predict focused programs that will deal with labour issues as they arise. We do not expect IRCC to make any big systemic changes to the Canadian immigration system.

  • Many more positive decisions at CIL

In 2023, the team at CIL moved into a beautiful new office and we have expanded. We have new team members who are learning and helping more clients. We predict that we will have many more positive decisions for our clients in 2024. We look forward to celebrating all those victories!

Happy 2024!

MB Legal Aid

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CIL WILL NOT ACCEPT MORE LEGAL AID – UNTIL THINGS CHANGE

We regret to announce that CIL has made the difficult decision to not accept any more legal aid certificates for the foreseeable future. We do not take this action lightly. We know that many clients will be disappointed. Clients regularly come to us as they have heard we are the best. They have been told to come seek our help. Communities rely on our services. Unfortunately, Legal Aid Manitoba (LAM) has failed to provide sufficient compensation for this work, despite increasing fees for other areas of law. This is simply not fair so we have been compelled to make this difficult decision.

WHY ARE WE SUSPENDING LEGAL AID?

In Oct 2022, the Government of Manitoba increased LAM tariffs for Criminal Law matters. They increased tariffs for Family Law matters. Increase for Immigration? No. Increase for Refugees? ZERO. Clearly, LAM considered the tariffs and decided they were too low. They decided to increase the moneys paid for many legal matters and made the decision not to increase tariffs for immigration and refugee matters. Is this fair?

Mr Clarke has spoken to the management at LAM and they have repeatedly promised to make things fair. We have been patient for more than 1 year. They have failed to act on their promises. Inflation has been increasing our costs of doing business. Workers are getting 9.5% wage increases. 

Based on the MB Legal Aid website, the maximum fees for a refugee hearing (from start to finish) is CAD $1,315. That is the maximum. It is extremely low. If a lawyer has a complex case, they can request a “discretionary increase”. That request goes to a committee and they review the work. How many requests for a “discretionary increase” (DI) are approved? At CIL, we have submitted many DI requests over the years and they have ALL been denied by LAM. This means that CIL is paid at a low rate for some work, and not paid at all for any additional work that may be required.

The only conclusion is that the current model is not sustainable. If we continue to accept LAM clients at unfair rates, we are supporting and condoning an unfair system.

BACKGROUND

We love helping our clients. Families. Workers. Students. Business Owners. Corporations. Refugees. We serve all our clients equally, regardless of their background. Access to justice is one of our motivating principles. We know that legal fees can be expensive so we offer payment plans. We also know that, in some cases, even our payment plans are outside the means of certain clients. Every year, we spend many hours doing pro bono work for clients and we regularly offer additional services at no additional charges. Unlike the vast majority of law firms, we publish our fees online for anyone, in any country, to review so they can make an informed decision. We have published detailed explanations regarding our one-time Administrative Fee and we have been regularly audited by the Law Society. We love the fact that we have helped so many clients win at the RPD, win at the IAD, win at Federal Court, and we have helped so many clients come to Canada as students or workers or as separated family members.

CIL is a business. We have to keep the lights on. We have to pay our bills. We have to pay salaries and bonuses to Team Members. We do not receive any grants or funding from either the provincial government or the federal government. We rely on fees paid for our work – 100%.

In Manitoba, there are 2 potential sources of fees: 1. Clients; or 2. Legal Aid Manitoba. Most law firms in Manitoba do not accept legal aid certificates. When Alastair Clarke founded CIL many years ago, a senior lawyer said:

“My best advice is to not accept legal aid. If you do, you will not be able to feed your family.”

Mr Clarke did not take that advice. CIL has accepted legal aid certificates every year and we are actively involved with the legal aid community. Mr Clarke has also been volunteering for many years at the Legal Help Centre to provide free legal advice on immigration matters.

After many years of practice, it is clear that refugees are good for Manitoba. They pay taxes. They perform valuable work during a labour shortage. Based on research from the University of Manitoba, they are a net positive for our economy, notwithstanding the fact that helping refugees is the right thing to do.

CARL WILL NOT HELP

In 2022, Mr Clarke had a meeting with lawyers in Ontario and other provinces to discuss legal aid. The meeting was organized by the Canadian Association of Refugee Lawyers (CARL). We talked about calling on the Federal Government to establish a nationwide plan and, in the end, we could not agree on a unified message. Why? One of the reasons is that Legal Aid Ontario pays lawyers much more than other provinces. In addition, unlike Manitoba, the Ontario government has recognized the importance of refugee protection so their fees increased in 2023 and they will increase again in 2024 and again in 2025. 

The refugee lawyers in Ontario do not want to risk those tariffs coming down to match the tariffs paid by Legal Aid Manitoba. This makes sense. I certainly would not want to negatively impact my colleagues in Ontario based on the lack of fairness in Manitoba.

WHAT ARE FAIR RATES?

This is a tough question. Mr Clarke regularly lets his staff know that we are in the business of saving lives. There is no price tag on that service. The average doctor in Manitoba is paid $310k for their work. Is that a fair comparison? No, not really. We want to be fair. We want to be just. We currently charge a minimum of $3,500 to assist with a refugee claim from start to finish. These procedures generally take 12 to 18 months and we work with the claimant, supporters, witnesses and members of the community to prepare the case. We need to spend enough time on each and every file to make sure our clients have the best chance at success.

Clearly, the LAM tariff of CAD $1,315 is not fair.

A Canadian law firm in Ontario charges CAD $11,250.00 for a refugee claim and hearing (minimum). I am not including a link to that law firm as I do not want to give them any web traffic. In my view, charging CAD $11,250.00 for a refugee claim is outrageous and not fair to the claimant.

 

Most people would agree the above rates are too high. Charging CAD $11,250.00 is not defensable, although I did not contact that law firm to see what justification, if any, they have for such high fees.

Our fees start at CAD $3,500 and most of our refugee claimants on private retainers pay that amount. We have not raised our fees for refugee claims since 2015. In 2020, we did a review of our fees and we noticed that law firms in Canada were raising their fees. We made the decision not to raise ours because of clients were suffering. 

 

Canadian Lawyer Magazine published the 2020 Legal Fees Survey online. Legal fees in 2021 went up. Here are the numbers for 2021. Average fees for a refugee claim in Ontario in 2021 was $5,000, for example. Based on our research, they did not publish fees for 2022 or 2023.

Based on the above, we know that we could charge more than $3,500 per claim. I know that our services are among the best in Canada. Since David Matas decided to limit his practice, Alastair Clarke is arguably the most experienced refugee lawyer in Manitoba. He was contracted by Kinbrace in BC as the Canadian expert in refugee law to oversee and draft the guide from refugee claimants across Canada. In 2023, he accepted a position as an IRB Representative for the Canadian Bar Association (CBA). Currently, he has more than 50 hearings scheduled at the RPD and he is booked until Spring 2024. Do we want to raise our fees? No.

$1,315? $3,500? $5,000? $5,750? $11,250? What is fair?

Based on 15 years of practice, I believe $3,500 CAD is fair for a refugee lawyer to charge to represent a refugee claimant at the RPD. To be frank, this should be the minimum for this type of work. I can understand how refugee lawyers in Ontario charge $5,000 and how the average fees across Western Canada is $5,750.

Alastair Clarke recently spoke with a junior immigration lawyer who is starting out. She asked about different areas of practice and LAM. Mr Clarke described the work involved and let her know that LAM pays $1,315 for this work. Her reply:

That’s it? Are you joking? How could I feed my kids? No, that can’t be right.

She is correct. It is not right. It is not fair.

THE LAST STRAW

As you have read from the above, this has been an issue that has been burning for a long time. What prompted this decision? I can share this story. In NOV 2023, we accepted a LAM to accept a family from Turkey. They have truly suffered, although this is not straightforward situation as they are relying on “generalized risk”, which is difficult in the context of a A96/ A97 determination. Regardless, we accepted the LAM file. Then we learned that the sister of the principal claimant is a physician in Manitoba. She is getting paid CAD +$300,000.00 by the Government of Manitoba to provide health care to residents in Manitoba. Could she support her brother and his family? Yes. Is she? No. She helped them apply to LAM.  It could be said that she expects to get paid CAD +$300,000.00 by the Government of Manitoba to save lives but she does not want to pay anything for us to save her brother’s life. That was the last straw.

HOW CAN YOU HELP?

We are calling on the Government of Manitoba to match the tariffs paid by the Government of Ontario for refugee services. That is all. A refugee lawyer in Kenora, ON should be paid the same as a refugee lawyer in Winnipeg. If that happens, we will accept more work from LAM

WHAT HAPPENS IF LAM FAILS TO ACT?

We will continue to represent refugee claimants on private contracts. Our fees are published online. Based on the above, I hope you agree that our fees are fair. Our clients are on payment plans. We do our best to be as flexible as possible. If you need help, we would love to work with you.