CIMM: Potential appeal system for temporary resident visa applications

I move to amend Bill C-242 by adding, before line 5 on page 1, the following new clause:

1.1 Subsection 14(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c):

(c.1) special circumstances to be taken into account in the processing of temporary resident visa applications;

(c.2) a review process for decisions made in relation to temporary resident visa applications;

Jenny Kwan (NDP) Vancouver East, BC

"All right.

I move to amend Bill C-242 by adding, before line 5 on page 1, the following new clause:

1.1 Subsection 14(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c):

(c.1) special circumstances to be taken into account in the processing of temporary resident visa applications;

(c.2) a review process for decisions made in relation to temporary resident visa applications;

Madam Chair, the reason I'd like to move this amendment is so that there could be an appeal process in place for rejections. As we know, oftentimes people are not able to have their application reviewed after it's been rejected. The process that's available to them is extremely onerous, and in many cases effectively not available.

We know that there are extenuating circumstances that happen in people's lives. I cited during committee, with witnesses, examples such as applicants whose applications are rejected because their financial situation changes at the last minute and for the short term, but their entire application is ultimately rejected as a result.

I'm moving for an appeal system to be established and for special circumstances to be allowed to be taken into consideration. The amendment does not spell out what that appeal process would look like. It would be left to the government to make that determination and set up that structure. However, the call for an appeal process to be established is what this is about, and for special circumstances to be taken into consideration.

I hope members will consider this."

 

The Chair Salma Zahid (Liberal)

"Thank you, Ms. Kwan.

I will have to give a ruling on this amendment. The amendment that Ms. Kwan just moved seeks to amend subsection 14(2) of the Immigration and Refugee Protection Act, which deals with regulations related to requirements and selection. The amendment also seeks to introduce a review process that is not contemplated by Bill C-242.

House of Commons Procedure and Practice, third edition, states the following on page 771:

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

Since section 14 of the Immigration and Refugee Protection Act is not being amended by Bill C-242, and also because the introduction of a review process is a new concept, this amendment goes beyond the scope of the bill. Therefore, it is the opinion of the chair that the amendment is inadmissible.

This ruling is non-debatable."

 

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Jenny Kwan (NDP) Vancouver East, BC

"Yes, Madam Chair. I move that Bill C-242, in clause 5, be amended (a) by replacing line 19 on page 2 with the following:

tion does not provide for a reduction to the minimum income re‐

Also, it moves that clause 5 be amended (b) by replacing line 24 on page 2 with the following:

or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each

This is a consequential amendment to the previous amendment that was passed, effectively asking that the minister respond to Parliament, including the issues around an appeal process and under special circumstances."

 

Marie-France Lalonde (Liberal) Orléans, ON

"Thank you, Madam Chair.

Again, I'm a little bit troubled. I feel that I cannot support this.

Currently, a super visa applicant's host—child or grandchild—and a co-signer, who must be the host's spouse or common-law partner, must provide evidence that they meet the income requirement, which is equal to or above the low income cut-off. The low income cut-off is the income threshold, established by Statistics Canada, “below which a family will...devote a [much] larger share of its income on the necessities of food, shelter and clothing than the average family.”

A requirement to report or evaluate existing income will provide an opportunity to ensure that hosts are able to provide the basic necessities to their parents and grandparents for the duration of their extended stay in Canada, and, I will say, in addition to the other members of the family in the household unit.

At this point, I don't feel that I can support this amendment, Madame Chair."

 

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Jenny Kwan (NDP) Vancouver East, BC

"Thank you, Madam Chair.

I wonder if I can move this motion, which is related to the work that we have just completed and, particularly, to the amendment that I tried to move forward that did not pass. I would like to move that the committee report to the House its support for the creation of the review mechanism recommended in the following amendment proposed to C-242: that the Immigration and Refugee Protection Act be amended by adding a provision for “special circumstances to be taken into account in the processing of temporary resident visa applications” and “a review process for decisions made in relation to temporary resident visa applications”."

 

https://openparliament.ca/committees/immigration/44-1/28/jenny-kwan-2/

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