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.

The special immigration measure that our caucus called for on December 4, 2023, opened on January 9. It is riddled with problems. At the outset, nobody knew when the online portal would open. The arbitrary quota for applications only heightened anxiety as people felt that they had to compete with others for limited spots.

Immigration, Refugees, and Citizenship Canada (IRCC) has not been proactive or clear in communicating with applicants and has been largely incapable of answering any questions about their files. Many people who completed the first stage of the application are still waiting to receive a code that will allow them to proceed and IRCC cannot explain why some people who applied on January 9 received a code quickly and others still have not. Others have been rejected without any explanation from IRCC or for reasons that were later contradicted. People have been rejected and then subsequently approved with the exact same application.

To highlight the absurdity of the situation, one family was told only two weeks after their application was rejected that the reason was due to a missing ‘notary seal or stamp’ even though no stamp is required by law in British Columbia. Notwithstanding, the application was in fact stamped. The applicant did resubmit with the stamp on a gold seal so that it’s more visible to the scan, but IRCC then approved the original application anyway.

 

Jenny Kwan Vancouver East, BC

I think it would be useful to have that. Seeing as the specific study of the motion is to talk about Mexico, I think it would be useful to have that information. We know that migrant workers, temporary foreign workers with a closed work permit, are subject to abuse, and this is an ongoing issue that I know the minister is aware of and the committee is as well.

From that perspective, there have been ongoing reports. In a recent report in Ontario, I think some 67 migrant workers were subject to abuse in that regard, but it's not the only example. There are many. I won't bother citing all of them. Many people have said over and over again that the reality is that, when people are subject to a closed work permit environment, they are actually at a severe disadvantage and are subject to exploitation.

I know that there's a system whereby the people themselves can report and go through the ministry to apply for an open work permit as vulnerable workers. Will the minister consider providing open work permits to people from the beginning—so that they're not having to face exploitation and then seek recourse—to be more proactive and pre-emptive in the face of this ongoing situation?

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

It's something that we're definitely looking into. Obviously, we want to deal with the exploitation as it occurs, regardless of the conditions that people are in. It is clear that, when you have a closed work permit, it does make you more vulnerable. It makes you more hesitant to report abuse and take action, and it gives you less of an ability to move from one place to another.

Looking at the next policy options we have in our tool kit is something that both I and Minister Boissonnault are looking at intensely. I think it's something that we will be working to fix in the coming months.

Asked by NDP immigration critic Jenny Kwan about the exploitation of migrant workers who are tied to their employers, Mr. Miller said he was looking at reforming closed work permits, and was working with Employment Minister Randy Boissonnault on changes that may be unveiled within months.

Brooks's citizenship bid was initially turned down. But Immigration Minister Marc Miller had a change of heart after a December ruling by Ontario's Superior Court of Justice that it is unconstitutional for Canada to deny automatic citizenship to the children of foreign-born Canadians who grew up abroad.

The Brooks family then refiled its application under a hardship status, based on the recommendation of the Immigration Department, to accelerate the process.

"I love Canada. I have never been prouder to wear the Maple Leaf," Erin Brooks said in a statement released by the family. "To Minister Marc Miller and MP Jenny Kwan, you have changed my life. I believe that I will do something truly special for my country thanks to your gift of citizenship."

Kwan, the NDP's immigration critic, helped advocate for Brooks.


“Lost Canadian Erin Brooks has been granted her Canadian citizenship after reconsideration by the Minister of Immigration. Erin Brooks, a 16-year old surfing prodigy and has worked hard for her whole life for the chance to compete for Canada at the Olympics.

“When Erin was born, she’d the right to Canadian citizenship. Conservative C-37 revoked that right in 2009. As a result of this unjust law, Erin was denied this life-changing opportunity to represent Canada in the 2024 Olympics.”


Many civil society groups and stakeholders have been vocal in their condemnation of an arbitrary application cap for over a week. Many feel the cap was unfair and discriminatory when they look to other temporary special immigration measures, such as the CUAET measure for Ukraine, that have not arbitrarily limited applications.

The confusion caused by the public policy and the unfortunate delay in clarification created tense conditions for the Palestinian-Canadian community. To many families, these applications mean the difference between the life and death. Not knowing when the online portal would open but understanding that spots are limited caused many people to stay awake through the night, continually refreshing the application portal to not miss the chance for a spot. I know you agree that Palestinian- Canadians have endured enough and do not need their anxieties needlessly exacerbated.

            

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.”

  

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