Canada doubled its rejections of permanent residence applications under humanitarian grounds, from 35 per cent in 2019 to nearly 70 per cent in early 2021, according to by the Migrant Rights Network. Advocates are calling it a “grave concern†that disproportionately affects racialized, low-wage migrants.
“Permanent residence status is the only mechanism to ensure migrants have equal rights. By doubling rejections, Prime Minister Trudeau is doubling the potential for exploitation,†Syed Hussan, the Migrant Rights Network Secretariat, said during a video press conference on Tuesday.
“The simplest first thing to do is regularize and give permanent residency to all migrants already in the country, including undocumented people. Instead, we see immigration officials arbitrarily doing the opposite,†he said.
At issue are immigration applications made under . These grounds include discrimination in the applicant’s country of origin, having spent a long time in Canada working or volunteering, and raising a child whose life is rooted in this country.
Toronto-based immigration consultant Macdonald Scott called these residency applications on humanitarian grounds “a last resort for women fleeing gender violence, homeless people, and other undocumented families.â€
According to , in 2019, the Canadian government rejected 35 per cent of 10,600 of such applications. In 2020, this rejection figure spiked to 57 per cent of the 11,000 applications. And between January and March of this year, around 70 per cent of the nearly 9,000 applications were tossed out.
As for the number of applications being accepted, the number dropped from 5,075 in 2019 to 3,735 in 2020. The data was obtained through an order paper request from NDP immigration critic Jenny Kwan.
A spokesperson for Immigration, Refugees and Citizenship Canada said COVID-19 played a role in the figures.
“The reason the number of refusals appears higher than approvals is because of COVID-related delays and the facilitative policy to grant extensions for submissions, which impacted our ability to finalize cases that were pending approval,†Peter Liang said in an email to CTVNews.ca.
“When an H & C application is approved in principle, further assessment is then undertaken to determine admissibility, which requires the applicant to submit additional documentation and to complete a medical exam,†he added, saying this aspect can cause approvals to take longer to finalize than refusals.
“As a result of COVID, applicants have encountered delays in obtaining these additional required documents, which in turn delays the finalization of their application. On the other hand, when an application is refused, no further assessment is required, which is why the number of refusals has not been impacted in the same way.â€
Liang said this in turn means “these COVID-related delays in receiving necessary additional documentation and medicals have resulted in approval rates to appear lower than they actually are.â€
Immigration to Canada was drastically reduced due to the pandemic in 2020, according to figures from Statistics Canada.
Canada welcomed 40,069 immigrants in the first quarter of 2020, which is 61.4 per cent less than the same period in 2019 – but reported a net loss of almost 66,000 non-permanent residents, a December report says. Toronto-based immigration lawyer Nastaran Roushan told CTVNews.ca at the time the biggest reason for this was visa office delays, as most locations shut down operations during lockdowns.
Last year, to make up for the drop, Canada pledged it would be aiming to have 401,000 new permanent residents in 2021.
The permanent residency claim of Queen Gabriel, a Toronto-based elder care worker from the Caribbean, was rejected in October, 2020.
“There is no living without status in Canada, there is only existing. The immigration process is slowly choking the life out of us,†she said at the virtual press conference, calling for urgent change. “Many of us have died not being able to access simple health care during COVID-19 or even sick days for fear of unreasonable reprimand. Permanent residence should not be such a trying, nerve wrecking, daunting, undertaking for anyone.â€
Queen Gabriel, a Toronto-based elder care worker from the Caribbean, was rejected in October 2020.
Many migrants don’t fit the criteria for a refugee or asylum claim, which is primarily based on fear or risk of persecution, the immigration consultant said at the press conference.
And Migrant Rights Network organizers said hundreds of thousands of undocumented migrants -- many who arrived on temporary permits which weren’t extended -- have few other pathways to permanent residency besides the humanitarian and compassionate claim.
“An agency application is the only opportunity for half a million residents to have a shot at getting basic labour rights, health care, and access to social support that permanent residence status provides,†Hussan said.
Scott, who works at Toronto-based law firm Carranza LPP, noted in a press release that the process for a humanitarian and compassionate claim can take three to five years, cost thousands of dollars and final approval “comes down to a single decision maker, with no guaranteed avenue to legal appeal.â€
“No one knows how or why the decision was made to suddenly increase refusals, and that makes it hard to challenge. This has made an already arbitrary policy much worse, and with a very serious human cost,†he said.
Hussan doubled down on advocates’ longstanding call to give full and permanent immigration status to all migrants, saying that existing government programs leave out too many people.
In May for example, his group said the feds’ plan to give 90,000 temporary workers permanent residency leaves out thousands of undocumented residents, migrants and essential workers. Hussan also noted that the , which was announced in January, also leaves out many undocumented workers.
Others have criticized the government’s plan to give residency to “guardian angel†asylum-seekers, as it limits eligibility only to those asylum-seekers providing direct patient care in hospitals and long-term care homes.
When it came to humanitarian and compassionate claims, Hussan said “there is a clear systematic pattern of rejection over the last two years†which primarily affected racialized, working-class applicants.
Marisol Bobadilla in Toronto has relied on short-term legal solutions to work and stay in the country since migrating here from the Philippines nine years ago. But she said her rejected claim shows the current criteria is too exclusionary.
Lorlie Pude is a custodian at a public school in Edmonton who has been living in Canada since 2012.Her application was rejected last month.
“Most of the working class, especially the undocumented workers have been neglected and not included in permanent status [policies],†she said, calling that unfair as “each one of us experiences hardship and sacrifice.â€
Lorlie Pude, a custodian at a public school in Edmonton, has been living in Canada since 2012 and said her hometown in the Philippines isn’t safe for her. She’s scared for her future as her latest humanitarian and compassionate claim for permanent residency was rejected earlier this year and her open work permit expires later this month.
“Any time they [the Canadian government] can call me to go back home because my open work permit doesn’t have [permanent] status,†said Pude, who’s also a member of the migrant advocacy group Migrante Alberta. “So I’m worried about my daughter who’s seven years old and who’s already adapted to life in Canada.â€
Vancouver resident Laura Lopez and her young family has been living in the country for seven years and worries what will happen if she is sent back to Mexico.
Vancouver health-care worker Laura Lopez shared similar concerns, as her young family has been living in the country for seven years. She said they’ve spent much of their savings and downtime applying for various legal ways to stay in the country.
“My older daughter has lived here most of her life. She feels like Canada is home,†she said, noting that her child gets frightened at the thought the family will have to return to Mexico.
Lopez urges the government to do more as she fears they’ll have to “start from zero†after living close to a decade in Canada.
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Canada has announced changes to their visitor visa policies, effectively ending the automatic issuance of 10-year multiple-entry visas, according to new rules outlined by Immigration, Refugees and Citizenship Canada.
A team of tornado experts are investigating a path of damage through Wellington County.
U.S. President Joe Biden and Vice-President Kamala Harris on Monday made their first joint appearance since her U.S. selection loss when they observed Veterans Day together by laying a wreath at the Tomb of the Unknown Soldier.
Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
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U.S. President-elect Donald Trump is naming longtime adviser Stephen Miller, an immigration hard-liner, to be the deputy chief of policy in his new administration.
A B.C. teen has a suspected case of H5N1 avian flu — the first known human to acquire the virus in Canada.
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Several hundred people gathered outside the Ontario legislature in Toronto to honour veterans and remember those who died fighting for their country.
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Edmonton's Beverly Memorial Cenotaph on Monday hosted its 104th Remembrance Day service to honour past and present veterans.
Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
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Four teenagers have been arrested in connection with the attack and robbery of a 62-year-old woman.
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The Regina Rams claimed the Hardy Cup after a hard fought battle against the Saskatoon Huskies 19-14 on Saturday in the first all Saskatchewan U-Sports western conference final since 2002.
Timmins-James Bay MP Charlie Angus was among approximately 120 people who gathered Sunday night for a candlelight vigil near the scene of a vicious attack against a 16-year-old in Cobalt.
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Murray Sinclair’s family members say the late justice and senator has been laid to rest according to his wishes.
Prime Minister Justin Trudeau announced voters in Cloverdale—Langley City will pick their next member of Parliament on Dec. 16.
A B.C. teen has a suspected case of H5N1 avian flu — the first known human to acquire the virus in Canada.
An opponent of vaccines who urged violence against scientists, politicians and public health officials during the COVID-19 pandemic was sentenced Monday.
Researchers are uncovering deeper insights into how the human brain ages and what factors may be tied to healthier cognitive aging, including exercising, avoiding tobacco, speaking a second language or even playing a musical instrument.
If Earth's astronomical observatories were to pick up a signal from outer space, it would need an all-hands-on-deck effort to decipher the extraterrestrial message. A father-daughter team of citizen scientists recently deciphered the message. Its meaning, however, remains a mystery.
Bernadett 'Bett'†Szabó, a 19-year-old Hungarian sex worker, was murdered in the Dutch capital in 2009. Now, more than 15 years after her death, police are hoping to uncover new information about her killing.
In 1916, Harold Wrong plucked a flower from the fields of Somme, France and tucked it into a letter he mailed home to Toronto. For decades, the type of flower sent remained a mystery.
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Chu shared on his Instagram Stories that he and his wife Kristin Hodge welcomed their fifth child on Saturday, writing that he “can’t believe this happened while the movie is premiering.â€
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Most U.S. stocks are rising Monday and adding to the gains made during their best week of the year.
Business groups are raising concerns about the broad effects of another round of labour disruptions in the transport sector as Canada faces shutdowns at its two biggest ports.
Toy giant Mattel says it 'deeply' regrets an error on the packaging of its 'Wicked' movie-themed dolls, which mistakenly links toy buyers to a pornographic website.
Doom spending, or the practice of spending money to soothe fears about broader issues like politics or the economy, shows up everywhere from YouTube and TikTok videos to Reddit to personal finance discussions and data in surveys.
A Vancouver designer is making waves in the architectural world with an outdoor modular building created to address the city’s unrelenting housing crisis.
A rare letter signed by three of the U.S. Founding Fathers of the United States is going on sale, and is expected to fetch up to US$1 million when it goes under the hammer next week.\
Canada will be without captain Alphonso Davies for its upcoming CONCACAF Nations League quarterfinal against Suriname.
Pat McLaughlin is stepping down as Hockey Canada's chief operating officer and executive vice-president of strategy, the governing body announced Monday.
The Edmonton Oilers may have found the break they were looking for.
Select Porsche owners in Canada have been told to stop driving their cars immediately and to seek repairs after an issue was identified that could cause wheels to separate from vehicles.
A driver's trip from London, Ont. to Ottawa to visit their girlfriend ended in a traffic stop for speeding on Highway 417, according to police.
Recall notices have been issued for some Volkswagen models from 2006 to 2019 for airbag safety issues.
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