We live in a time of rising global uncertainty. It is more important than ever that the Canadian immigration system can respond to arising global crises in an expedient and flexible manner. Alarmingly, this is not the case.

Even before major global refugee crises such as the Afghanistan, and Ukrainian crises, IRCC has been struggling with massive backlogs in all the immigration streams. Delayed immigration application is the most common request for assistance at my office, with some applications delayed for years! Behind the delayed applications are separated families, missed opportunities, and in some cases, immigration is a life-and-death situation for people who need to leave dangerous situations.

To start, IRCC should stop the practice of returning applications when there are minor mistakes and missing information and documents that can be easily provided by applicants. IRCC must also end oppressive immigration policies such as the inhumane cap on parent/grandparents’ sponsorship applications, closed work permits for migrant workers, and the unfair treatment of caregivers and domestic workers.

Lack of resources for IRCC is the major root cause of delayed applications. I will continue to advocate for adequate resources for IRCC to process applications in consistently reasonable timeframes and for immigration policies that are more just.

NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s immigration critic, and MP Matthew Green (Hamilton Centre, Ont.) also wrote a letter to Miller, calling the imposed cap “shocking” and “indefensible.”

“In this catastrophic environment, families in Canada with loved ones trapped in Gaza should not be pitted against each other out of fear that their application will not be considered when the arbitrary 1,000 applications quota is filled,” reads the Jan. 5 letter calling on the government to immediately retract the cap on applications. 
In a Jan. 8 interview with The Hill Times, Kwan said she was initially relieved to hear the announcement of the program, rewatching Miller’s press conference twice and signing up for the briefing the next day in order to provide as much accurate information as she could during a Zoom meeting later that evening with Palestinian Canadians across Canada who had hoped to access the program. Kwan said that when she joined the call, she was met with more than 1,000 participants, each with family members of their own in Gaza who they hope to bring to Canada.
“It was such an important announcement that gave people hope that they could bring their loved ones to safety,” Kwan said. “When [Miller] announced the cap, disappointment doesn’t even begin to describe it … they gave them hope, and now they’re going to shut the door quickly and say ‘good luck to the rest of you.’”

Kwan said she has no doubt that the cap would severely limit the number of people who would have otherwise accessed the program, noting that even without the cap, there were already significant hurdles to getting people to safety outside Gaza.

This announcement was widely welcomed, albeit overdue. Nobody was more appreciative than those Canadians and permanent residents with family members trapped in Gaza. These same members of our communities have endured the longest and most unbearable months of their lives. Unfortunately, Immigration, Refugees, and Citizenship Canada (IRCC) has not been forthright about this policy but shrouded certain details in uncertainty. In particular, the cap of 1,000 applications for the family reunification program that has been imposed is shocking.

Considering the unbearably horrific and inhumane conditions facing the nearly two million civilians that have been displaced in the Gaza Strip, the decision to cap the number of temporary resident visa applications at 1,000 is indefensible.

Families and children in the Gaza Strip are facing shortages of essential supplies including food, water, electricity, medicine, and fuel. UNICEF spokesperson James Elder has stated that “children face a serious threat of mass disease outbreak.”

  

Ontario's Superior Court of Justice has ruled it's unconstitutional for Canada to deny automatic citizenship to children born abroad to parents who were also born overseas but have a substantial connection to Canada — a big win for "Lost Canadians" trying to reclaim citizenship rights.

"It's a wonderful Christmas gift," said Sujit Choudhry, a constitutional lawyer in Toronto representing seven multi-generational families living in Canada, Dubai, Hong Kong, Japan and the United States who challenged what's known as Canada's "second-generation cut-off rule."

"It removes a second-class status that people had because of the accident of where they were born."

Choudhry filed a constitutional challenge in December 2021, suing the federal government for denying his clients the right to transmit their citizenship to their foreign-born offspring.

In a 55-page ruling released this week, Justice Jasmine Akbarali found that the second-generation cut-off rule violates the Charter of Rights and Freedoms because it "treats differently those Canadians who became Canadians at birth because they were born in Canada from those Canadians who obtained their citizenship by descent on their birth outside of Canada.”


This development comes after the Liberals faced pressure from families and the federal NDP to find special pathways to bring extended family members of Canadians out of the region. Recognizing the advocacy from Canadians that led to Thursday’s announcement, Miller said the policy changes are about keeping families together.

“New Democrats welcome this long overdue announcement by the federal government,” NDP MP Jenny Kwan said in a statement. “Families have been waiting for this day for too long.” 

The minister has said while Canadian officials remain in contact with consular staff on the ground pushing for more evacuations—as an estimated 200 individuals registered with Global Affairs Canada remained trapped— the situation in the war zone remains precarious.


NDP immigration critic Jenny Kwan welcomed the government's announcement but said it was "long overdue."

"As more than two million people remain trapped under the devastating siege, many Canadians have been enduring daily distress that is beyond comprehension," she said in a media statement.

Prime Minister Justin Trudeau was asked earlier in the day why the government didn't act sooner.


Rani Hemaid’s quest to bring home relatives who live in fear and deprivation in war-torn Gaza took him to Parliament Hill.

The Hamilton man drove to Ottawa with two others at 3 a.m. on Dec. 4, and eight hours later was speaking at a microphone inside a lobby in the House of Commons, urging the federal government to step-up evacuation efforts for loved ones of Palestinian-Canadians.

The government's policy is to facilitate evacuation of immediate family members of Canadian citizens, defined as a spouse or child under 22.

"I want to ask the Canadian government, on what grounds do you define who qualifies to live and whose lives are not worth saving?" Hemaid said at the microphone, flanked by politicians and members of a group called "Campaign to Reunite Our Families."

The NDP is calling on the federal government to expand its definition of immediate family for Palestinians, and create special immigration measures to get more people safely out of Gaza and reunited with their loved ones in Canada. 

"Time is of the essence. As we speak, people's lives are in jeopardy and we need the government to take action," NDP MP Jenny Kwan said during a Monday press conference, which also included an impassioned plea from Alsaafin.

Asked by reporters Tuesday whether Canada would consider expanding its eligibility criteria, Immigration Minister Marc Miller said: "We have tried our utmost, whenever there's a configuration of a family unit that doesn't fall within our current definitions, to be as flexible as possible to try and get people out.”

Jenny Kwan Vancouver East, BC, NDP

I would say this: I get that there are other factors that have to be navigated through in order to actually get the people to safety. First and foremost, for them to get through the first barrier, is the Canadian government willing to accept them and, therefore, create a policy that allows for it in a fair and systematic fashion, not in a one-off situation? Without that policy change, they can't even get through the first door.

I would ask the minister to act with utmost urgency because people are literally dying. The executive director of UNICEF now calls the Gaza strip “the most dangerous place in the world to be a child”. That is the reality that people are faced with. I think there's no time to waste. I don't think it's a difficult policy to change in that regard.

I would also ask the minister to provide a special immigration measure for people with family members in Gaza so that they can bring them to safety. Again, without a pathway, people have nowhere to go. They have no ability to begin the process to help bring them to safety.

Will the minister be working on that as well?

Marc Miller Ville-Marie—Le Sud-Ouest—Île-des-Soeurs, QC, Liberal

Recognizing that I am not the sole decider in this.... It's stuff that we are working on with our colleagues at Foreign Affairs and with our partners in the region. It is something, as you've said, that is of the utmost importance.

Again, the policy, perhaps, will not contain everything you're advocating for. It's something that we are working on. It has to be realistic, and it has to actually reflect our ability to extract people, which, I would reiterate for this group, is still extremely limited, even within the categories of people we are trying to get out. I know that you suggested that this is piecemeal, but in cases where we have had facts, circumstances and the ability to get people out in a secure and safe way, we've done so and, I would say, with modest success.

Jenny Kwan Vancouver East, BC, NDP

What I'm trying to avert for the government, actually, is to not get into the situation where in the case of Afghanistan there was this hit-and-miss approach. Some people got out and other didn't, to the point where authorization letters that were not official from the department were being handed out. We don't want that kind of controversy. We should learn lessons from what's happened before. It's really important that we do this right.

I would urge the minister to take immediate action to bring in special immigration measures—one, to expand the extended family into the immediate family definition; and two, to allow for people in Canada to bring their loved ones to safety. That includes extended family members. I'll just park that there. I don't want to spend more of my precious time on that during my six minutes, because I want to raise another issue.

With regard to Afghanistan, I've handed a pile of files to the government. I get that you don't want to get into individual cases, but there are cases where de facto dependants are part of that application. Everyone else has been approved within the application except for a single sister, for example, an unmarried sister who will be left behind. There are de facto dependants under the definition of IRCC. That can't be allowed to happen. The minister must understand the grave danger that this woman would be exposed to if she were left behind. Now the family's stuck in this situation trying to make a decision. Do they leave? Do they not leave? This is not a choice.

Why are de facto dependants being excluded in applications? What is wrong with the system?

Canadians whose relatives are struggling to survive in the Gaza Strip are losing faith the federal government will step in to save the lives of their loved ones, and are joining an NDP call for Canada to help get their extended family members out of the embattled territory.

NDP immigration critic Jenny Kwan asked the minister Monday to formalize the process of getting extended family members out of the embattled territory.
“I assume that the government is doing something on a one-off basis and perhaps that’s why some people managed to get to safety. But that’s not good enough, it is not the right approach,” Kwan said at a news conference Monday.

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