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.”
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 comparison, federally-owned Granville Island received $17 million in emergency relief in 2020, with another $22 million earmarked in the 2021 budget.
She told Global News she received no response. “I’d like to ask the government what is the difference between Granville Island and Chinatown. Are we less important?”
Global News put the question to Freeland, but she did not offer a clear answer, and instead used the opportunity to praise the federal wage and rent subsidies.
Said Vancouver East MP Jenny Kwan: “Chinatown as we know will disappear if we do not get the support from all levels of government.” Kwan wrote Finance Minister and Deputy Prime Minister Chrystia Freeland in July 2020, calling for a lifeline for the National Historic Site in the form of federal emergency funding.
In comparison, federally-owned Granville Island received $17 million in emergency relief in 2020, with another $22 million earmarked in the 2021 budget.
She told Global News she received no response. “I’d like to ask the government what is the difference between Granville Island and Chinatown. Are we less important?”
Global News put the question to Freeland, but she did not offer a clear answer, and instead used the opportunity to praise the federal wage and rent subsidies.
"While the Minister of Immigration, Refugees and Citizenship said that these measures are “timely,” there is nothing timely about announcing long overdue measures the day after the tragic death of an Afghan interpreter. The eligibility gaps in the previous Conservative program which ended in 2011, that have led to this situation, were criticized at the time as only 1 in 3 applicants were eligible. It’s unconscionable that a decade later we are still here.
"Just weeks ago, the Minister said Afghan interpreters can apply under existing programs while the NDP had been calling for dedicated measures. The Liberal’s scramble to change their tune is demonstrated by the fact that the government is still unsure how many Afghans are eligible to come to Canada, but that they will be consulting the military’s list of interpreters that have worked with Canada’s military. After all this time, why is the government only consulting this list now?
The NDP’s defence critic, Randall Garrison, and its immigration critic, Jenny Kwan, released a statement saying these measures are “long overdue” and that it was “unconscionable” for Canada not to have done more already.
“The Liberals’ scramble to change their tune is demonstrated by the fact that the government is still unsure how many Afghans are eligible to come to Canada,” the statement said.
Asked whether the government would accept former employees of the Canadian embassy in Kabul, Mr. Mendicino said his inclination is to be as inclusive as possible.
Last week, Conservative Leader Erin O’Toole called on Prime Minister Justin Trudeau to set a date for when Ottawa will get Afghan interpreters and staff out of Afghanistan. NDP immigration critic Jenny Kwan has called on Mr. Mendicino to put in place a special immigration measure to provide immediate refuge to those who aided the Canadian government and their families.
Rather than wait for the federal government to act, a group of Canadian veterans have recently used their personal savings to move Afghan interpreters and other locally employed workers to safer parts of Afghanistan. Not Left Behind, an organization created to press Canada to safeguard the lives of its Afghan employees and their families, said that former members of the military have funded safe travel for more than 20 families since Friday.
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.
"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.
“For two decades, Afghan drivers served our Canadian embassies, military and our RCMP. After years of trusted service, the Liberal government is refusing to allow a pathway to safety for Afghans who served Canada. Trudeau is turning his back on them in their hour of need,” he said.
NDP immigration critic Jenny Kwan has also called on the government to help Afghan employees who worked for the Canadian government.
On Friday, Ms. Kwan wrote an open letter to Mr. Mendicino urging him to put in place a special immigration measure to provide immediate refuge to Afghan interpreters and their families who have been left behind.

