In August, 2015, I wrote an article for the Policy Options magazine on what the results of the October 19, 2015, federal election would mean for Canadian immigration policy. Although the article was published in September, at the time that I submitted the article to Policy Options Prime Minister Stephen Harper had not yet asked the Governor General to dissolve Parliament, and the parties had yet to begin formally campaigning. With the election now three days away, I thought it would be interesting to update my predictions on what the 42nd Canadian federal election would likely mean for Canadian immigration policy. I continue to believe that Monday’s election will likely be a pivotal event for Canadian immigration policy. The Conservative Party of Canada during its time in office has comprehensively overhauled Canada’s immigration system both legislatively as well as operationally. Monday’s election will likely determine whether many of its changes become permanent, or are undone, or whether immigration policies go in a completely different direction. In order to understand the possible consequences of the upcoming election on immigration policy we have to understand how much things have changed. Indeed, it is not uncommon for immigration practitioners to jokingly refer to … Read More
CIC Decisions Stolen at Gun Point En Route to VAC
Not all visa processing delays are caused by a lack of officers or over-bureaucratic requirements. Sometimes the decisions themselves can go missing, or, as apparently was the case in 2014, be stolen at gunpoint. Wow.
Where the Liberal Party of Canada Stands on Immigration (2015)
On October 19, 2015, Canada will have a federal election. There are four political parties that will likely win seats in Canada’s Parliament. One of them is the Liberal Party. The Liberal Party has made the following election promises regarding immigration: Expand Canada’s intake to 25,000 refugees from Syria and Iraq through immediate, direct sponsorship by the government of Canada. We will also work with private sponsors to intake even more. Invest an additional $200 million over this fiscal year and next to increase – without reducing health and safety standards – refugee processing, as well as sponsorship and settlement services capacity in Canada. Provide an immediate $100 million new contribution to the United Nations High Commission for Refugees to support the critical relief activities in the region. Fully restoring the Interim Federal Health Program. Establishing an Expert Human Rights Panel for determination of designated countries of origin and to provide a right to appeal refugee decisions for citizens from these countries. This panel will include representatives from international human rights groups. Ending the practice of appointing individuals without subject matter expertise to the Immigration and Refugee Board of Canada. Nearly doubling the budget for family class immigration processing, in … Read More
The Right to Counsel at the Port of Entry
Section 10(b) of the Canadian Charter of Rights and Freedoms provides that: 10. Everyone has the right on arrest or detention (b) to retain and instruct counsel without delay and to be informed of that right; and In the immigration context, the right to counsel does not arise at most secondary examinations, unless the person is actually arrested or retained. As such, the Canada Border Services Agency’s (“CBSA“) general policy is not to permit counsel at examination if detention has not occurred. In practice, officers will often waive this policy if they are satisfied that legal representatives will not interfere with the examination process.
The Private Sponsorship of Refugees Program After Alan Kurdi
The following is a cross-post from Policy Options.
How to Analyze Campaign Promises Regarding Immigration Programs
On October 19, 2015, Canada will have its 42nd general election. While only Canadian citizens may vote, permanent residents, foreign workers, international students, visitors, and even people outside Canada through the use of social media and volunteering for political campaigns will be able to influence the development of Canadian policy and discourse like never before. As with any election, all of Canada’s political parties will promise the moon, including on immigration and refugee matters. In order to analyze their commitments critically, it is important to understand that those creating immigration programs are constrained by an impossible trinity. Put simply, it is impossible for an immigration program to have all three of the following at the same time: Government control over immigration numbers Fast processing times Guaranteed processing of eligible applications Most sovereign states want control over the number of people that they admit as immigrants each year. In Canada, section 94(2)(b) of theImmigration and Refugee Protection Act codifies this objective by requiring that the Minister of Citizenship and Immigration Canada (“CIC”) report to Canada’s Parliament annually on the number of individuals projected to become permanent residents during the upcoming year. Predictability and certainty in immigration numbers allows the government to … Read More
When the Port of Entry Can Issue Exclusion Orders
Each day thousands of people cross Canadian ports of entry. There, the Canada Border Services Agency (“CBSA“) will interview them to determine if they are admissible to Canada. If CBSA has concerns about whether someone is inadmissible to Canada, or determines that they are in fact inadmissible to Canada, then the CBSA can either further (or pause) the examination and require that the foreign national appear back at the port of entry a later date for the examination to continue, ask the person to voluntarily withdraw their attempt to enter Canada, refer the matter to the Immigration Division, or issue the individual a removal order. Section 228(1) of the Immigration and Refugee Protection Regulations (“IRPR“) stipulates when CBSA can issue the removal order directly instead of referring the matter to the Immigration Division. It states: 228. (1) For the purposes of [determining someone inadmissible to Canada], …, if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be (a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of … Read More
Immigration Policy after the 2015 Election
The following is an article that I wrote for the September 2015 edition of Policy Options. The Conservatives have yet to fully implement many of their reforms… Canada’s immigration system will look very different from the way it looked a decade ago. The 42nd Canadian federal election will likely be a pivotal event for Canadian immigration policy. The Conservative Party of Canada has comprehensively overhauled Canada’s immigration system. The upcoming election will likely determine whether these changes become permanent or are undone or whether immigration policies go in a completely different direction. In order to understand the possible consequences of the upcoming election on immigration policy we have to understand how much things have changed. Indeed, it is not uncommon for immigration practitioners to jokingly refer to the Immigration and Refugee Protection Act as the “Jason Kenney Immigration and Refugee Protection Act.” Arguably the most significant change to the immigration system was its transformation from a system where people were immediately admitted to Canada from overseas as permanent residents into one where prospective immigrants had to “prove” that they could establish themselves in Canada, economically, by initially being temporary foreign workers and then transitioning to permanent residency. While in the … Read More
The Green Party of Canada’s Immigration Platform
The Green Party of Canada (the “Green Party“) is a Canadian federal political party which currently has just one Member of Parliament, Elizabeth May. In the nine federal elections that it has run candidates in it has only once gotten more than 5% of the popular vote. Nonetheless, it is important to pay attention to their Green Party platform for three reasons. First, the Canadian media gives the Green Party, and especially Ms. May, a considerable amount of coverage. Second, much like the New Democratic Party of Canada has done it is foreseeable that the Green Party will also increase in popularity. Third, Ms. May’s suggestion that the Green Party could wield significant influence in a minority Parliament, though not probable, is not impossible. On September 9, 2015, the Green Party released its election platform. As well, the Green Party also has on its website a document titled Vision Green 2015, a document which contains numerous Green Party commitments.
Admitting New Evidence at the Refugee Appeal Division
Section 110(4) of the Immigration and Refugee Protection Act (the “IRPA“) provides that at the Refugee Appeal Division (the “RAD“) a person may only present evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have expected in the circumstances to have presented, at the time of the rejection. Specifically, it states: Evidence that may be presented (4) On appeal, the person who is the subject of the appeal may present only evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected in the circumstances to have presented, at the time of the rejection. Exception (5) Subsection (4) does not apply in respect of evidence that is presented in response to evidence presented by the Minister. Hearing (6) The Refugee Appeal Division may hold a hearing if, in its opinion, there is documentary evidence referred to in subsection (3) (a) that raises a serious issue with respect to the credibility of the person who is the subject of the appeal; (b) that is central to the decision with respect to the refugee protection claim; … Read More