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The Impact of Case Law in Canadian Immigration Practice, 2024-25

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Category:

Title of Program: The Impact of Case Law in Canadian Immigration Practice, 2024-25

**** Webinar & Video ****

Seminar ID:    ICL – 1124  November 14, 2024

( 3 Hours, Approved By CICC)

Format:    Webinar & Video

 

Language:    English

Provider:       Immigration Learning & Information Centre, IMLIN

Webinar Date:                           November 14, 2024

Webinar Time:                          Starts @ 2:00pm – Ends @ 5:15pm ET

Expiry Date for Video ONLY:   November 14, 2025

Introduction:

Case law plays a crucial role in Canadian immigration practice by shaping policies, guiding decisions, and enhancing the understanding of legal principles. Judicial decisions interpret and clarify immigration laws, addressing ambiguities and providing detailed precedents that ensure consistency and fairness in the application of the law. Landmark cases, such as Singh v. Minister of Employment and Immigration and Baker v. Canada (Minister of Citizenship and Immigration), have led to significant policy changes and established important legal standards. These decisions provide a framework for immigration officers, judges, and legal professionals, ensuring that immigration laws are applied justly and that individual rights are protected. Through its interpretative and precedential functions, case law profoundly influences the Canadian immigration system, promoting a fair and equitable legal process.

Presenter: Ali Esnaashari – Lawyer

Ali Esnaashari is an immigration litigation lawyer and the principal lawyer at Esna Law PC. He has exclusively practiced immigration law for over 8 years, focusing on immigration litigation and complex cases. Ali represents clients before the various divisions of the Immigration and Refugee Board and the Federal Court, focusing on matters involving inadmissibility and refusal. He has participated as a speaker at various immigration law conferences and is actively engaged with community organizations and NGOs. 

AGENDA:

Introduction to Case Law in Canadian Immigration Practice 

–  Importance of Case Law in Immigration Practice

            – Role of case law in legal practice

            – Impact on decision-making and advocacy

–  Basic Legal Concepts

            – Definition of case law and its sources

            – Hierarchy of courts in Canada

            – Binding vs. persuasive precedents

Finding, Accessing, and Searching Case Law 

–  Legal Research Tools and Resources

– Overview of online databases (CanLII, Westlaw, Quicklaw)

– Government and court websites

–  Practical Tips for Efficient Research

– Keyword search strategies

– Noting up caselaw and searching statutes

– Identifying relevant cases quickly

AGENDA 

Reading and Understanding Case Law 

– Anatomy of a Court Decision

– Structure of a judgment (facts, issues, analysis, conclusion)

– Analyzing Key Components

            – Identifying the ratio decidendi and obiter dicta

            – Understanding judicial reasoning

            – Spotting relevant facts and legal principles

Foundational Case Law in Canadian Immigration 

– Key Precedents and Landmark Cases

– Overview of significant cases and their impact

– Latest Developments in Immigration Case Law

            – Recent trends and noteworthy decisions

Advanced Topics in Case Law 

–  Dealing with Discrepancies in Case Law

            – Strategies for handling conflicting decisions

            – Presenting persuasive arguments

–  Advanced Tips for Legal Submissions

            – Crafting effective legal arguments

            – Using case law to bolster submissions

Closing remarks 

–  Questions and Answers

–  Conclusion & closing comments

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