Get to Know your Executive – Emad Mahdavi Ardekani, member-at-large

  • 28 mars 2019

In our continuing efforts to introduce you to your OBA Executive, we wish to introduce you to Emad Mahdavi Ardekani. Read on to learn more about Emad’s practice, his experiences, and his motivations for serving on the OBA Citizenship and Immigration Section Executive.

Tell us a little about yourself

I was born and raised in Iran until the age of 7, at which time my family and I immigrated to Canada. I lived in Vancouver for three years. In 2000 we migrated once again, this time to Ottawa. I attended Carleton University for my undergraduate degree where I obtained my Bachelor of Arts degree in International Relations with a minor in Psychology. Following this, I attended the University of Ottawa for Law School. This is where I became passionate about immigration law. There seemed to be a natural transition and relationship between the subjects I enjoyed the most in my undergraduate degree and immigration law: the role immigration policies at home played in relationships with other countries; the relationship between immigration and refugee policies and human rights; the domestic ‘political-ness’ of immigration law; and implications of immigration policies on politics and elections in Canada. I decided to focus on this area of law in law school and followed by completing my articling program at a national firm in Toronto practicing exclusively in immigration law.

In 2017, my wife and I migrated once again, this time to Toronto. We are now proud Torontonians and love this city with all of its madness, challenges, opportunities and charms. Traffic is bad, food is great, rent is high, opportunities are plenty, and the city is a vibrant and wonderful mix of people from all across the world. What better place to see the impact of our immigration system in full effect.

Tell us a little about your practice/business

I am an associate at Fragomen Del Rey, Bernsen & Loewy, where I assist corporate and individual clients with Canadian immigration matters. My practice is entirely immigration-based. I advise corporate clients on mobility matters for their Canadian operations, and assist their employees with all matters relating to Canadian immigration. I also assist corporate clients with compliance matters to ensure their compliance with immigration laws and regulations at all times.

Why practice immigration law?

Immigration is an exciting, vibrant, and ever-changing area of law. Practicing in this area requires me to always remain, at least to some degree, a student – the learning never stops. Immigration law has a direct relationship with political policies, economic policies, and policies around human rights and social justice. It impacts, and is equally impacted by, these policies.

In the actual practice of immigration law, I enjoy advocating fiercely for my clients. My corporate clients are entities that contribute greatly to the Canadian economy, and who strive to bring talented foreign workers into our country. As for the individual clients I counsel, they are people who hold great potential and talent, and aspire for a better life and future. They look to Canada to be able to build their future lives in, and nothing brings more joy and pleasure than helping them achieve that exact goal.

In addition to my regular practice as a corporate immigration lawyer, I take opportunities to assist individuals outside of the corporate world through Pro Bono work, assisting with refugee applications and Humanitarian and Compassionate grounds applications for those outside of the business world who equally deserve the opportunity to call Canada home.

What do you find to be the biggest challenges for immigration lawyers today?

Immigration law sometimes feels like a guessing game. It is not just the legislation or common law that dictates our work. Often times we have to refer to ministerial instructions, operation bulletins and instructions received from individual immigration officers to be able to do our jobs. This can create uncertainty in places where operation bulletins or ministerial instructions are missing. Of course, immigration law is so fluid and fast changing that codifying changes in legislation or having issues go through the court system may not always be feasible. This in my opinion, serves the biggest challenge for immigration lawyers: the uncertainty, and often times, the wide degree of variability in decisions with certain issues.

What motivated you to join the OBA Immigration Section executive?

I have found the immigration bar to be very collegial and collaborative. Colleagues are always willing to lend a helping hand and provide advice and assistance. That spirit is a cornerstone of the work the OBA Immigration Executive does.

In addition, the OBA Immigration Section is always active in the immigration community. The group works hard to advocate on behalf of immigration lawyers in Ontario, to the government and larger community. It seeks answers from government officials on complex issues and questions facing practitioners. Events organized by the OBA Immigration Section are always timely, relevant and of high quality. The OBA Immigration Section therefore serves a very important role in providing a place of continued learning, collaboration and support for immigration lawyers in Ontario. For these reasons, I wanted to be a part of this executive, and to be able to do my part in continuing the great work being done.