Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had a very interesting discussion on challenging removal of PRs from Canada based on criminality. Rekha shared insights and demystified what happens to a PR charged with a criminal offense and how this fact is treated both within criminal as well as immigration system. Additionally, in this episode we discussed the following:

• consequences for a PR when charged with a criminal offense;
• types of criminal charges and difference between serious and regular criminality;
• options for appealing removal order;
• practical aspects of representing a client in appealing removal orders.

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

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We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

What do I do when my Canadian immigration application has been refused? This is the question I get more than any other as an immigration lawyer. Well, after much contemplation, I decided I would answer this question once and for all by inviting one of the most well respected immigration lawyers in Canada, Richard Kurland, to join me on this Episode.

Whether you are a Canadian immigration lawyer, consultant or foreign national, this episode will reveal to you some of the best options available for challenging an immigration refusal….and a few unique suggestions offered by Richard Kurland that you likely never even considered.

As a kick off to Season 2 of the Canadian Immigration Podcast I pulled out all the stops to get one of the most well respected and skilled immigration lawyers in Canada to join me as we tackle the painful issue of how best to deal with the refusal of a Canadian immigration application.
Richard is one of the foremost immigration policy analysts, lawyers and a go to resource for media, government, and pretty much all of us when it comes to Canadian immigration law.

As one of the highest ranking Access to Information and Privacy (ATIP) requesters, he is most often recognized for his efforts in “keeping Ottawa honest.” As the Editor-in-Chief of Lexbase, a monthly publication providing current immigration policy and practice information, he has made a business out of ensuring transparency within the immigration department. If you have not yet subscribed to his monthly Lexbase publications, you should not be practicing immigration law!

In this Episode, rather than focusing on immigration at a 10,000 foot level, Richard flipped the focus upside down and took the time to share some unbelievably valuable insight on how to deal with the sometimes devastating effects of a visa refusal.

In our interview, Richard covered the following strategies:

1. Start with a consultation with an immigration lawyer to discuss what may have been missing from the original application.
2. Consider refiling or requesting reconsideration of the original application.
3. Seek help from the local Member of Parliament of Senator.
4. Don’t overlook the importance of a Judicial Review in Federal Court.
5. If in Canada, can you restore status?
6. Go to the media!

[Tweet “What to do when your Canadian visa application is rejected“]

Additional Resources:

• The best way to reach Richard Kurland: lexbase@canimmigrate.com
• Richard’s firm Kurland Tobe: http://www.canimmigrate.com/
• How to subscribe to Lexbase: http://www.canimmigrate.com/index.php?p=1_8_Lexbase
• My most popular blog post: “What to do when your Canadian Visa Application is Rejected“
• Excerpt from Richard’s appearance before the House Standing Committee on Immigration December 13, 2016

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

CIP Show Notes: Season 2 – Episode 1

Richard Kurland – Policy Analyst and Lawyer

Today I am here with Canadian immigration lawyer Richard Kurland who will be addressing one of the most common enquiries I get on a daily basis, and likely many other immigration lawyers as well

“What to do when you Canadian Immigration Application is refused.”

Welcome to the Podcast Richard.

Introduction of Richard.

Question: How did you get into Immigration?

Today we are going to discuss the options that are available to someone who has had their Canadian immigration application refused.

Question: you have a client who comes into your office and tells you that their immigration application has been refused? Can you share with us the steps you follow to find a solution for these individuals.

1. Consult

2. Reconsideration

3. Re-apply

4. Federal Court… worth it or not?

5. MP

6. Media

How Can you be reached if people who would like to retain you to help them with any immigration matter?

Richard’s contact: lexbase@canimmigrate.com 

Thank you so much for joining us.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Getting your Canadian immigration visa refused is one of the most frustrating experiences a foreign national can go through. For many temporary visa refusals there is no appeal. You are left with refiling the application or considering a Judicial Review. Canadian Immigration Lawyer Rekha McNutt shares some fantastic insight on the process including when to file and when not to.

One of the calls I get more often than any other is from foreign nationals who have had their visitor visa, study permit, or work permit refused at a consulate abroad and they don’t know what to do next.

I often suggest that the client obtain a copy of the visa office file notes to understand the real reasons for the refusal. However, this can take a month or even longer to be obtained. If an error has been made by an officer and the decision needs to be challenged, a Judicial Review in Federal Court is typically the only option available…..and because of the very short limitation periods for filing a JR, there is no time to delay.

In this episode of the Canadian Immigration Podcast, I invited my good friend and Canadian Immigration Lawyer Rekha McNutt to share some insight on the Judicial Review process.

Rekha is my go to person for Judicial Reviews in Calgary, Alberta.

In my interview with Rekha, we cover the following areas:

1. What is a Judical Review?
2. When it should be used and when to consider refiling your application?
3. Rekha shared some examples of circumstances where it worked well and what happened?
4. The Process Flow of a Judial Review – Step by Step!
5. Top Take-aways

During the interview Rekha confessed that she is an avid motorcyclist / rider (I’m not sure what the cool term is). Her profile on her website is actually her riding her motorcycle. I had to include it below just for fun.

[Tweet “Visa Refused – Have you considered a Judicial Review?“]

Additional Resources:

• The best way to reach Rekha McNutt: RMcNutt@caronpartners.com
• Caron & Partners LLP: http://www.caronpartners.com/ 
• Free Resources from Rekha:
  • JRs to the FC
  • FC Flowchart
• IRCC Judicial Review Information: http://www.cic.gc.ca/english/refugees/inside/appeals-review.asp

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

CIP S1 E18 – Rekha McNutt – Show Notes

Welcome Rekha to the Podcast

Rekha practices primarily in immigration law.   She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is currently the Chair of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section. She is an avid motor cycling enthusiast: What is a JR?

1. What is a Judicial Review?
2. When can it be used?
   • some examples of circumstances where it did work and what happened?
3. Process Flow of a Judicial Review
4. Top Take-aways:

• Consult a lawyer as soon as you get a refusal to review the possibility of a JR because of the potentially very short timelines

• Hire a lawyer who is also familiar with the type of application that was refused. Such a person is best suited to determine whether there was an error made and your chances on JR

• Court intervention is sometimes the only way to “change” an Officer’s mind.

• Sometimes the consequences of not JR-ing are very serious (eg. 5 year misrep bar; refusal for inadmissibility for A35 (crimes against humanity), etc.)

• A JR is not an ‘appeal’. The court cannot look at new evidence. So if the underlying application is deficient, the better solution may be to re-file rather than JR

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love