With more than 36 years of legal experience, Malvin is a respected and enduring figure in Canadian immigration law. Called to the Bar of England and Wales in October 1990 and later enrolled as a Solicitor of England and Wales in 1997, he practised in the United Kingdom for 19 years. Since 2009, he has practised in Vancouver, British Columbia.
In the UK, Malvin represented both private and legal aid clients. He has always believed that clients relying on legal aid – who are often marginalized – deserve access to the best legal representation possible, just as much as clients who can pay privately. It is no surprise, then, that soon after being called to the British Columbia Bar in 2009, he began working as immigration legal aid duty counsel while continuing to represent private clients in immigration and refugee law. His international experience gives him a unique perspective and a wealth of knowledge, which he shares generously with his clients.
Over the years, Malvin has represented numerous legal aid clients at detention reviews. At these hearings, a Member of the Immigration Division of the Immigration and Refugee Board decides whether a person held at an immigration holding centre should be released or remain detained. Detention may be maintained for several reasons: concern that the person may not follow release conditions, such as reporting to the Canada Border Services Agency as ordered; concern that the person may not appear voluntarily for removal from Canada; or the need to establish the identity of a person entering Canada.
Malvin often receives the Minister’s disclosure (documents that include details about the detained person, the reasons Minister’s Counsel seeks to maintain detention, and the evidence the Minister relies upon) in the evening before or the morning of the hearing. He must then swiftly read the disclosure and meticulously assess the strengths and weaknesses of the Minister’s case and determine how likely it is that the detained person can be released.
Sometimes, additional urgent work is required. For example, if a bondsperson has come forward on behalf of the detained person, Malvin must quickly contact them to gather personal details including their relationship with the detainee, what they know about the detainee’s immigration or criminal history, why they are willing to act as a bondsperson, and explain to them the duties and responsibilities of a bondsperson, all prior to the start of the hearing.
As duty counsel, Malvin is always ready to represent the detained person fiercely, to explain what to expect at the hearing and what outcomes are possible, and to give honest advice when the facts and law are not in the person’s favor. That last point can sometimes be met with skepticism or annoyance, as some detainees push back with frustration, demanding that Malvin do everything possible to secure release. In such cases, he remains firm in his advice about how difficult the person’s chances are. Usually, the detained person comes to understand and accept the advice given.
Helping legal aid clients is Malvin’s passion. Many detained persons may have a “chequered” immigration history, but some deserve their freedom while their immigration applications are pending, or before they depart Canada, provided they are willing to comply with conditions of release. In some cases, that may involve a friend or family member posting a bond and agreeing to fulfil the role and responsibilities of a bondsperson.
Malvin’s success story is a testament to his unwavering pursuit of justice for all. In recognition of his outstanding contribution to the Canadian community, he was honoured in 2022 with the prestigious Queen’s Platinum Jubilee Award. This accolade underlines his enduring commitment to serving his clients. Representing and assisting less fortunate clients is a value Malvin continues to instil in his son and daughter, both of whom are lawyers practising in Toronto, Ontario.
