Project Description

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Erin C. Roth
Partner / Lawyer

Erin C. Roth* practices immigration, citizenship, and refugee law.

She completed a Bachelor of Arts in Political Science from the University of Alberta, followed by completing Law School at the University of Toronto. She was called to the Bar in Ontario in 2009 and in British Columbia in 2016. Erin appears regularly before the Federal Court, Immigration Division, Immigration Appeal Division (IAD), Refugee Protection Division (RPD), and has acted in cases before the Federal Court of Appeal and Supreme Court of Canada, and has attended Citizenship Hearings.

Erin started her practice with a focus in refugee law, focusing on RPD claims and the judicial review of refugee refusals. Her practice has expanded to complex inadmissibility cases and appeals, including clients facing allegations of inadmissibility for security, criminality, medical, residency, and misrepresentation. Erin’s practice also includes Federal Court applications for all types of refusals or delayed applications, including economic class, family class, temporary visa applications, stays of removal, and Service Canada applications.

Erin is the Canada Bar Association Immigration Section Representative to the Federal Courts Bench and Bar Liaison Committee. She is also a member of the Canadian Refugee Lawyers Association, involved with the immigration detention committee. She volunteers as immigration counsel through Access ProBono with ISSofBC, and is a regular presenter at conferences in British Columbia and nationally.

*a law corporation

Reported Case History

Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50 – co-counsel for Appellant

maximum term of imprisonment — conditional sentences — serious criminality — punishable by a maximum term — offence 

A. v. Canada (Citizenship and Immigration),2014 FCA 191 – co-counsel for the Appellant Tabingo

federal skilled worker class — permanent resident visa — applications — selection criteria — immigration

Q. v. Canada (Citizenship and Immigration), 2013 FCA 263 – co-counsel for the Appellant

visa officer — wage — work experience — standard of review — comparator

S. v. Canada (Citizenship and Immigration), 2011 FCA 35 – junior counsel, assisted with research and drafting

medical officer — immigration officer — excessive demand on social services — expected to cause excessive demand — health

Canada (Citizenship and Immigration) v. L, 2013 FCA 257 – junior counsel, assisted with research and drafting

publicly funded social services — mitigation plan — medical officer for consideration — cost — response

Canada (Citizenship and Immigration) v. XYZ, 2019 FC 140

procedural fairness — stay — counselling — breach — transcript


S v. Canada (Public Safety and Emergency Preparedness)
, 2017 FC 91

stay of removal — establishment — initial — considerations warrant special relief — permanent resident

T v. Canada (Citizenship and Immigration), 2016 FC 876

military service exemption — evidence — state — transcripteur dans laquelle celui-ci indique — wants to rely

M v. Canada (Citizenship and Immigration), 2015 FC 856

different pre-removal risk assessment officer — letters — privilege — reconsideration before a different pre-removal — credibility

B v. Canada (Citizenship and Immigration), 2014 FC 1238

fairness letter — individualized plan to ensure — excessive demand on social services — medical — facilitation


S v. Canada (Citizenship and Immigration)
, 2014 FC 377

democratic — government — espionage — killings — labor

B v. Canada (Citizenship and Immigration), 2013 FC 777

medical officer — non-medical factors — excessive demand — services — procedural fairness


Gharialia v. Canada (Citizenship and Immigration)
, 2013 FC 745

substituted evaluation — ability to become economically established — skilled worker — procedural fairness — letters


Y v. Canada (Citizenship and Immigration)
, 2013 FC 591

evidence — identity — inclusion — risk — well-founded fear of persecution

U v. Canada (Citizenship and Immigration), 2013 FC 476

committed a serious non-political crime — misdemeanour rather than a felony — presumption of the seriousness — mitigating — mode of prosecution

T v. Canada (Citizenship and Immigration), 2013 FC 377 – co-counsel

applications — backlog — visa office — processed — selection

S M v. Canada (Citizenship and Immigration), 2012 FC 1460

principal — allegedly — second — phone calls — stolen

D v. Canada (Citizenship and Immigration), 2012 FC 1434

cryptography — outside the four-year period — qualitative residency test — citizenship — procedural fairness

T v. Canada (Citizenship and Immigration), 2012 FC 822

generalized risk — personally targeted by the gang — country — brother — individualized


R v. Canada (Citizenship and Immigration)
, 2011 FC 1363

state — fear of gender-related persecution — victims — policeman — sponsorship

T v. Canada (Citizenship and Immigration), 2011 FC 961

thugs — patronage — risk — evidence — country


C v. Canada (Citizenship and Immigration)
, 2011 FC 852

detention — legal aid — certificate — procedural fairness — refugee

G F v. Canada (Citizenship and Immigration), 2011 FC 801 – co-counsel

accelerated parole — charges — argues that the decision-maker — temporary resident permit — common-law wife

R v. Canada (Citizenship and Immigration), 2011 FC 370

single educational credential — full-time equivalent studies — points — diplôme — temps plein


H v. Canada (Citizenship and Immigration)
, 2011 FC 169

million won — loan sharks — embezzlement — borrowed — loans

A B v. Canada (Citizenship and Immigration), 2009 FC 718 – co-counsel

persecution — married a foreigner — citizen — co-habiting — risk

Z v Canada (Public Safety and Emergency Preparedness), 2018 CanLII 107708 (CA IRB)

stay — offence — removal — passport — conditions

F v Canada (Public Safety and Emergency Preparedness), 2018 CanLII 72636 (CA IRB)

relationship — misrepresentation — interests of a child directly — find — common-law partner


H v Canada (Public Safety and Emergency Preparedness)
, 2018 CanLII 54747 (CA IRB)

misrepresentations — find — citizenship — card — false


C v Canada (Citizenship and Immigration)
, 2017 CanLII 90155 (CA IRB) – co-counsel

marriage — immigration — genuine — entered into primarily — wedding

X (Re), 2017 CanLII 147603 (CA IRB)

refugee — political — visa — manager — nexus


X (Re)
, 2018 CanLII 109295 (CA IRB)

principal — committed a serious non-political crime — minister — associate — former husband

X (Re), 2017 CanLII 61544 (CA IRB)

panel — mental health — persecution — religious views — blog

R v Canada (Citizenship and Immigration), 2016 CanLII 100872 (CA IRB)

marriage — purpose of acquiring any status — genuine — daughter — relationship

M c Canada (Citoyenneté et Immigration), 2016 CanLII 71120 (CA IRB)

common-law partner — permanent resident visa — child of the sponsor — spouse — parent


K v Canada (Public Safety and Emergency Preparedness)
, 2015 CanLII 99510 (CA IRB)

five-year period — permanent resident — entrepreneur — father — panel


G v Canada (Citizenship and Immigration)
, 2015 CanLII 94117 (CA IRB)

refusal to grant — permanent residence — dependent child — humanitarian — compassionate


A-D v Canada (Public Safety and Emergency Preparedness)
, 2014 CanLII 93683 (CA IRB)

outside on a full-time basis — panel — departure — five-year period in question — employed outside on a full-time

X (Re), 2014 CanLII 98008 (CA IRB)

refugee — military — government — panel finds — fear

A v Canada (Citizenship and Immigration), 2013 CanLII 100429 (CA IRB)

sponsor questionnaire — permanent resident — practice — marry — self-study


D v Canada (Citizenship and Immigration)
, 2013 CanLII 100316 (CA IRB)

motor vehicle with excess alcohol — visa — criminality — conviction — humanitarian

H v Canada (Citizenship and Immigration), 2013 CanLII 98905 (CA IRB)

email — marriage — interview — visa officer — spam

N v Canada (Citizenship and Immigration), 2013 CanLII 98811 (CA IRB)

immigration — stated — jail — overstayed — pre-sentence custody

B v Canada (Public Safety and Emergency Preparedness), 2013 CanLII 98762 (CA IRB)

convicted of sexual assault — nephew s funeral — session — daughter — permanent resident

K v Canada (Citizenship and Immigration), 2013 CanLII 98747 (CA IRB)

husband — wife — children — panel — immigration officer

A v Canada (Citizenship and Immigration), 2013 CanLII 98043 (CA IRB)

residency obligation — panel finds — five-year period — compassionate considerations exist to warrant — visa

W v Canada (Public Safety and Emergency Preparedness), 2013 CanLII 97451 (CA IRB)

husband — marriage — pages — daughter — parents


A v Canada (Citizenship and Immigration)
, 2012 CanLII 100957 (CA IRB)

criminality — inadmissibility — sort — evidence — balance of probabilities


C v. Canada (Public Safety and Emergency Preparedness)
, 2012 CanLII 64269 (CA IRB)

humanitarian — progressing — compassionate — financially — exclusion

L v. Canada (Public Safety and Emergency Preparedness), 2012 CanLII 46074 (CA IRB)

removal — crime-free life — fines — one-year period — convicted

X (Re), 2012 CanLII 100355 (CA IRB)

panel — plea bargain — refugee — committed a serious non-political crime — offences


X (Re)
, 2012 CanLII 93974 (CA IRB)

claimants — states — program — persuasive evidence that was involved — purse

X (Re), 2012 CanLII 91368 (CA IRB)

claimant — perpetrators — facto — authorities — police

B v. Canada (Citizenship and Immigration), 2011 CanLII 90792 (CA IRB)

visa officer — proxy marriage — stated — wedding — stepmother

I v. Canada (Citizenship and Immigration), 2011 CanLII 70481 (CA IRB)

permanent resident visa — constitute an indictable offence — detained — phones — bank card

X (Re), 2011 CanLII 97824 (CA IRB)

claimant s police officer — generalized — risk — criminal gang activity — refugee


C v. Canada (Public Safety and Emergency Preparedness)
, 2010 CanLII 90045 (CA IRB)

stay — cross-bows — sister-in-law — removal — counselling

L v. Canada (Public Safety and Emergency Preparedness), 2010 CanLII 86153 (CA IRB)

stay of removal — passport — conditions — mental health — provide written confirmation

P v. Canada (Public Safety and Emergency Preparedness), 2010 CanLII 84835 (CA IRB)

deportation — criminal — stay — offence — passport


X (Re)
, 2010 CanLII 96773 (CA IRB)

claimant — opposition thugs — election campaigns — political — supporters

  • Canada Bar Association, Immigration Representative to the Federal Courts Immigration Bench and Bar liaison Committee, 2017-Present
  • Canada Bar Association, Member, 2010-Present
  • Access ProBono, ISSof BC volunteer immigration counsel, 2019-Present
  • Canadian Refugee Lawyers Association, Member, 2018-Present
  • Legal Services Society, Immigration Detention Duty Counsel, 2016 – Present
  • UBC Law Students’ Legal Advice Program, Supervising lawyer, 2017 – 2018
  • Upcoming: ISSof BC, Family Class Sponsorships, 16 June 2019
  • AMSSA webinar – Cannabis Act & Non-Citizens, 20 February 2019
  • Canadian Association of Professional Immigration Consultants – Residency – Counting the Days, January 2019
  • CLE BC Immigration Issues in Depth – Alternatives to Detention, 7 December 2018
  • Canada Bar Association National Immigration Conference – Refugee Protection Division – Preparing Witnesses to Testify, June 2018
  • Borderlines podcast – Episode 20 – An Overview of Canadian Medical Inadmissibility Law, 16 May 2018
  • Canada Bar Association, BC Provincial Immigration Conference – Medical Admissibility, 23 February 2018
  • AMSSA webinar – Refugee Claimants in Canada, 21 February 2018
  • American Bar Association, Commission on Immigration, Working Group on Unaccompanied Minor Immigrants, 3 February 2018
  • Canadian Association of Refugee Lawyers – Refugee Claims – Corroborating Evidence, 5 May 2017
  • SUCCESS – Protected Persons – Next Steps, 12 December 2016
  • Carswell webinar – Ten Must Know Cross Border Canadian Inadmissibility Issues, 22 October 2015
  • Canadian Association of Professional Immigration Consultants – Loss of PR status due to re-availment/Citizenship changes, 8 July 2015
  • Canadian Association of Professional Immigration Consultants – Reavailment: Refugees, Permanent Residents & Citizens, 12 September 2014
  • Canada Bar Association National Immigration Conference – Residency Appeals, May 2013
  • Immigration law presentations to various community groups and media outlets
  • Witness Preparation – Practice Tips (co-author), June 2018
  • Refugee Claims and Corroborative Evidence, October 2017
  • Residency Appeals – Tips & Best Practices, May 2013
  • Canadian Yearbook of International Law, John Peters Humphrey: Canadian Nationalist and World Government Advocate, 2008
  • Articles in the Immigration Law Reporter and ImmQuest