Immigration

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.

IN THE NEWS: Hill Times - New House set to return as Liberal government faces unfinished legislative business with potential NDP ally

Ms. Kwan, who insisted that the NDP will press the Liberal government hard to move on a myriad of issues starting with seniors who received the Canada Emergency Response Benefit during the pandemic and who have now either seen their Guaranteed Income Supplement payments reduced or lost leaving some of them unable to pay rent.

“Housing affordability is a paramount issue—whether it’s someone who is homeless or those trying to get into the market for the first time,” said Ms. Kwan, the NDP’s housing critic.
She explained that the affordability issue touches health care too, where one of her constituents recently told her of being unable to cover the cost of cancer medication—a shining example, in Ms. Kwan’s view, of why her party will continue to press the Liberal government on universal pharmacare.

The Liberals will have an eager and unrelenting ally in the New Democrats to pursue action in addressing “the climate crisis before us,” said Ms. Kwan, a former NDP cabinet minister in British Columbia. “Canada has yet to meet a COP target since Paris in 2015.”

In her opinion, she said Mr. Trudeau also missed an opportunity to advance reconciliation with Canada’s Indigenous peoples this year by both vacationing in Tofino, B.C. on the country’s first National Day for Truth and Reconciliation (Sept. 30), and later by his government filing an appeal of a Federal Court decision upholding a Canadian Human Rights Tribunal ruling on Indigenous child-welfare compensation, while continuing to negotiate an out-of-court settlement.

In her role as federal NDP critic for immigration, refugees and citizenship, Ms. Kwan has another issue she will hammer home when the House resumes sitting. “Immigration is in complete chaos right now. The backlog for every stream is mind boggling,” she explained.

“There was already a backlog before the pandemic, and with the pandemic, immigration processing was severely debilitated. Amidst all of that, the Liberals decided to call an election on the day [Aug. 15] when there was a humanitarian crisis in Afghanistan.”

Headline: CBC: Couple calls on new immigration minister to act on backlogged spousal sponsorship files, issue visitor visas

Kwan has also joined calls from family advocacy groups and the Canadian Bar association's immigration branch to remove or update section 179(b), and to provide TRVs to spouses who have been stuck in application processing queues for more than a year.

"Every MP in the country will know exactly what I'm talking about and will know this is a major issue for their constituents in their own riding, so it is in the best interests of the government to take action," said Kwan.

IN THE NEWS: CBC - Couple calls on new immigration minister to act on backlogged spousal sponsorship files, issue visitor visas

"Every MP in the country will know exactly what I'm talking about and will know this is a major issue for their constituents in their own riding, so it is in the best interests of the government to take action," said Kwan.

IN THE NEWS: Toronto Star - Canada faces a staggering immigration backlog

The pandemic has exposed many shortcomings of the immigration process, said MP Jenny Kwan, the NDP’s immigration critic, and officials must cut unnecessary red tape and bureaucracy in these unprecedented times.
One of the things they could do, she said, is to automatically renew immigration applicants’ expired documents.
Requiring people to scramble to update outdated documents during a pandemic may buy Ottawa time, she noted, but it won’t solve the crisis and is going to further agonize immigration applicants.
“To this day, it is a mystery to me why the government has insisted on contacting each individual with an expired or expiring permanent resident visa to see if they still wanted to come to Canada, instead of just automatically renewing it,” Kwan said.
“Why did they do that? Why did they spend all those resources doing that instead of putting it into processing applications? They need to adopt an approach that’s not so rigid.”

IN THE NEWS: Toronto Star - Advocacy group hints at unexplained immigration policy shift

Activists from the Migrant Rights Network (MRN) say a “secretive policy shift” may be brewing at Immigration, Refugee and Citizenship Canada (IRCC) which may explain the unprecedented rate of rejections of permanent residence applications on Humanitarian and Compassionate grounds.
Richard Goldman, a lawyer at Montreal City Mission, believes that some policy change may have occurred, but whether this involves the personnel assessing the applications, the training of these personnel or an internal directive is unknown.

“The Humanitarian and Compassionate application system is broken,” says Syed Hussan, who works with the Migrant Rights Network (MRN) secretariat, which organized marches in Montreal and Ottawa this past weekend to demand the government extend residency status to all migrants in order to ensure their equal access to rights. “And as the data we released is showing, it can arbitrarily be changed without oversight or accountability.”

IN THE NEWS: Star - Advocacy group hits at unexplained immigration policy shift

Note on source : data from the IRCC provided to the Migrant Justice Network by Jenny Kwan, the immigration affairs critic of the New Democratic Party (NDP), through an access to information request.

In a response to Radio-Canada, the IRCC insists the numbers have not changed. Expecting the refusal rate to eventually stabilize, it blames administrative delays resulting from the pandemic which have slowed down other immigration applications over the past year.

IN THE NEWS: Canadian Press - Permanent residency application rejections

Recently released figures show the rejection rate for permanent residency applications on humanitarian and compassionate grounds has risen sharply over the past couple of years.
"These decisions were done quietly behind closed doors and there is little public accountability in this opaque and discretionary process," said NDP immigration critic Jenny Kwan.
Canada allows some people who would not usually meet the criteria for permanent residency to apply on humanitarian and compassionate grounds, which are considered on a case-by-case basis according to factors such as how settled someone is here or the best interests of children.
According to data the Immigration Department provided in response to an order paper question from Kwan this spring, the rate of applications refused after processing ranged from 35 to 41 per cent between 2016 and 2019. Those figures do not include applications that were withdrawn.

Canadian Press NEWS: Special immigration measures will help Canada resettle thousands of Afghans who worked with military, embassy

IN THE NEWS: Montreal Gazette - Rejections for permanent residency requests in Canada doubled since 2019

The data comes from an access to information request filed by the New Democratic Party.
“The Liberal government must explain why there is such a surge in denials of humanitarian requests and take immediate action to rectify this,” said NDP MP Jenny Kwan in a statement. She is accusing the Liberals of having “discreetly made decisions behind closed doors” concerning an already “opaque and arbitrary” immigration process.
“We don’t understand what’s going on,” Hussan said. “There has been no policy change, no announcement.” Hussan added that by doubling rejections, Prime Minister Justin Trudeau is doubling the exploitation of migrant workers without status. The change of direction “condemns the migrants already here” by “depriving them of the possibility of having rights,” he said.

IN THE NEWS: CBC - Citizenship study guide remains outdated in its ‘simplistic’ account of Indigenous history, critics say

NDP immigration critic Jenny Kwan says the time it took for the bill to pass is an example of how slowly the Trudeau government is moving when it comes to reconciliation.

"It is slow as molasses and, frankly, it's inexcusable. This call to action is what is deemed to be a really low-hanging fruit," Kwan said. She also criticized the time the Trudeau government has taken to compile the new Discover Canada guide.
"The new citizenship guidebook has been in the works for more than five years now," she said.
She added that she has asked the office of the Minister of Immigration, Refugees and Citizenship about the timeline of an update but has yet to receive an answer.