Battista Smith Migration Law Group
160 Bloor Street East, Suite 1000 M4W 1B9 Toronto, ON, Canada

Canada is doing the right thing by trying to minimize the impact of our discriminatory laws that refuse people with health conditions based on medical inadmissibility. But the consensus of everyone who works in the area is that it is not enough. Here are our comments on the government’s proposed regulatory changes to our medical inadmissibility laws.

Are you in Canada without status or OHIP and wondering about getting vaccinated? See the information about FCJ Refugee Centre's clinic happening on Friday, April 30th (Registration Required): If you do not have any Canadian or Ontario government issued Identity Document, and living in Toronto with the postal code starting with 'M' please email to FCJ Refugee Centre with the following information: Email to write: [email protected] ... In the email include this information: Gender Name Last Name Phone number Date of Birth: Requirements: 18 years old or older. ONLY available to those without OHIP Toronto resident (Postal code starting with M) (Please note that the vaccination clinic is in partnership with Toronto Public Health and the province of Ontario. The information is confidential and will not be shared with any other parties besides the health units.) FCJ Refugee Centre's COVID-19 Vaccination clinic will happen on Friday April 30th from 1 PM to 4 PM at FCJ Refugee Centre: 208 Oakwood Ave. Toronto, ON, M6E 2V4 IMPORTANT: IT IS NECESSARY TO REGISTER. WALK-INS ARE NOT ACCEPTED.

We are proud and grateful to work with our friend Karlene Williams-Clarke!

"If that seems clear, it isn’t, said immigration lawyer Michael Battista, who pointed out that unaccompanied minor is customarily someone under 18, while a unaccompanied dependent child for immigration purposes is someone who is under 22 as long as they are not married. To use both definitions simultaneously does create confusion, Battista said. He said strictly the language implies that if a person meets either definition they should be eligible but it is going to be up to the border guards -- because any legal appeal will take too long to make a difference for a two-week quarantine."

We received this kind email from a client of ours. We are so proud to be able to support many LGBTQ2IA+ people immigrate to Canada, in the hopes that they can feel comfortable being their full selves in their new home. From our team to your homes, Happy Holidays!

Read Adrienne Smith's article for the Law Society of Ontario on The Year of the Virtual Hearing here:

Today, we recognize the dedication of the many asylum seekers who have raised their hand to serve as we live through a unique and unprecedented situation. Canadians are appreciative of asylum seekers and the work they are doing during the pandemic. Thanks to this special measure, we are recognizing their significant contribution by providing them with a more secure future in Canada."- Marco Mendicino, Minister of Citizenship and Immigration

"But we will also make the most of the talent and experience already within our borders. This includes temporary workers, international students and asylum seekers who, in many ways, are already putting their shoulder to the wheel. Their status may be temporary, but their contributions are lasting. We have a golden opportunity to recognize this and retain this talent by accelerating permanent residency for those aspiring Canadians who are already here, and helping them to put down roots right here."

Under the new plan, international students at Canadian colleges and universities may be eligible to apply for permanent status immediately upon graduation, and asylum claimants who have found work and established ties to their communities, including those who crossed the Canada-U.S. border at unauthorized entry points, may also be eligible.

Attention international students: This is the link to the Designated Learning Institutions (DLIs) with an approved COVID-19 readiness plan, to reopen to international students (searchable by province). "You must be studying at one of the approved DLIs included below to be able to travel to Canada."

Great news! 66% more decision makers on spousal sponsorship applications to speed up processing times.

Starting September 21, IRCC resumed in-person appointments for limited immigration services such as permanent residence services. IRCC Etobioke is not yet open for in person appointments. https://www.cbc.ca//immigration-services-resume-pilot-1.57

The government is considering a compassionate exemption to current Canadian travel restrictions, such as for people unable to visit a dying relative. COVID-19 has continued to separate many of our clients from their families. A compassionate exemption can include required testing and quarantine requirements that meet public health guidelines. https://www.cbc.ca//wor/travel-adjustment-coming-1.5726911

We are proud to announce that Partner, Michael Battista, has been selected by his peers for inclusion in the 15th Edition of "The Best Lawyers in Canada." Michael continually contributes to the LGBTQ immigrant community through his legal practice, his teaching, and his community work. Congratulations, Michael, on your continued recognition by Best Lawyers!

Immigration lawyers Nicholas Woodward and Adrienne Smith held a webinar today for the MCCT's LGBTQ+ Refugee Program to share their expertise in making a refugee claim based on sexual orientation and gender identity. Battista Smith is a proud supporter of the MCCT and the important work they do for our community. https://www.mcctoronto.com/human-ri/lgbtq-refugee-programs/

Adrienne Smith was interviewed today by CBC Montreal about a pathway to permanent residency for refugee healthcare workers during the pandemic. Speaking about the program announced today by the Immigration Minister, Adrienne offered these comments: "I think what it offers right now is a glimmer of hope," said Toronto-based immigration lawyer Adrienne Smith. Her clients, some of whom work in Ontario's long-term care homes, are facing delays of up to two years for a hearing wit...h the Immigration and Refugee Board of Canada. "They're putting their lives on the line right now, not even knowing they're going to be allowed to stay in the country," she said. https://www.cbc.ca//asylum-seekers-guardian-angels-covid-1

Minister Mendicino has confirmed that this policy will apply to unsuccessful refugee claimants and claimants who have not yet had hearings into their claims.

If you lost temporary status in Canada since January 30, 2020, you now have until December 31, 2020 to restore your status.

Adrienne Smith was interviewed by Global News about the strategies that she has used to ensure refugee IDs are issued in her clients' lived gender. She is quoted in the below article saying: A trans refugee claimant shouldn’t need to have a lawyer that understands trans-specific issues in order to get access to a basic right. Battista Smith MLG is proud of our advocacy in support of trans refugees. It is a privilege to represent this resilient and diverse community. https://globalnews.ca//transgender-refugee-immigration-ca/

IRCC has changed its policy on Canadian citizenship by descent, allowing Canadian parents without a biological connection to their child to pass on Canadian citizenship. This policy change is particularly helpful for heterosexual couples with fertility issues and same-sex couples.

The trauma of homophobic persecution does not end with asylum. In memory of Sarah, please consider a donation to Rainbow Railroad. https://www.rainbowrailroad.org/

Breaking: the IRB will start sending out decisions in refugee claims and appeals on July 22, 2020. In-person refugee hearings will start being heard on August 4. Many of our refugee clients are front-line and essential workers who have put their lives at risk during COVID to help keep our communities safe. Receiving a positive decision from the IRB that allows them to stay in Canada is the glimmer of hope they need right now. #accesstojustice #refugeerights... https://irb-cisr.gc.ca//procedures/Pages/rad-business-resu

This resource, goodhead.ca, list resources for newcomer sexual and gender minority men.

Black Lives Matter. Stay tuned for a list of resources for black and LGBTQ2+ newcomers in Toronto. We see you. We stand with you. We are here for you.

Although there is a drop in processing temporary visas, many other types of immigration applications continue to be processed including Express Entry, Humanitarian & Compassionate applications, and Sponsorship applications.

Nick Woodward and Adrienne Smith from Battista Smith will be presenting the top 10 tips a refugee lawyer needs to know when preparing a refugee claim based on sexual orientation and gender identity. Looking forward to our first webinar presentation for this impressive network of lawyers. https://www.eventbrite.com/e/sexuality-and-gender-on-trial-