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http://cnews.canoe.ca/CNEWS/Canada/2010/08/14/15025621.html

Migrants could owe smugglers up to $20K

By TOM GODFREY, QMI Agency

Many of the 490 Sri Lankan migrants who arrived off the coast of B.C. by boat will have to fork out up to $20,000 each for the 

smuggling trip to "snakeheads" or their families will have to pay, Tamil community members say. Tamils in Toronto said alien 

smugglers find desperate people abroad, whose families in Canada or elsewhere are willing to pay for their trip. Other migrants 

agree to work in Canada to repay their fare. Canadian border officials are concerned that 90 women who arrived on the MV Sun 

Sea on Friday are not forced to work in the sex trade to repay their smuggling fees. There were also 45 children among the 

migrants. Members of the Canada Border Services Agency and the RCMP held a briefing on the status of the Tamils on Saturday.

Manjula Selvarajah, of the Canadian Tamil Congress, said many of the migrants were preyed upon by human smugglers. "There 

is a human smuggling component to this trip," Selvarajah said on Saturday. "We know there are human smugglers preying on 

these people in refugee camps." She said the desperate migrants could have died from the terrible living conditions on the ship. 

"This is awful and we have taken a strong stand against human smuggling," Selvarajah said. "These people get preyed upon in 

camps." She said more than 90 Toronto Tamils have called their office leaving the names of 150 relatives who may be on the 

ship. Liberal MP Jim Karygiannis, who is a member of an immigration standing committee, said "snakeheads" or human 

smugglers, are charging from $15,000 to $20,000 for the sea trip to Canada. "I am concerned about the women and the children,"

 Karygiannis said. "The women can be forced to work in the sex trade to repay their passage ." He said some of the migrants 

must have "money or means" to get a place on the ship. "In many cases their families here pay for the trip," Karygiannis said. 

"They work in harsh conditions for low pay to repay the smugglers." He said the migrants, who are expected to file refugee 

claims, are now undergoing health and background security checks at CFB Esquimalt. Officers are trying to screen members of 

the Tamil Tigers terrorist group who may be hiding among the migrants.

Toronto immigration lawyers estimate it'll cost about $22 million in legal fees for refugee hearings and appeals for the claimants.

Lawyer Richard Kurland said said it'll cost $50,000 to process each refugee claim and that sum drops to $29,000 a 

case under new laws. Kurland said about 91% of Sri Lankan refugees are accepted by an immigration and refugee 

board (IRB) to stay in Canada. "Most of this group will end up living in Canada legally," he said. "The majority are 

accepted by the IRB as legitimate refugees."

Public Security Minister Vic Toews has said the government "must ensure that our refugee system is not hijacked by criminals 

or terrorists." Meanwhile, the United Nations High Commissioner for Refugees is encouraging Canadian authorities to receive 

and provide assistance for the Tamils.


 

http://www.torontosun.com/news/2010/08/14/15025811.html

Saturday, August 14, 2010

Smuggled Tamils worth up to $10M for 'snakeheads'


Each of the 490 Sri Lankans dumped on the B.C. coast by MV Sun Sea is worth up to $20,000 — totalling 

almost $10 million — for smugglers or “snakeheads”, a Liberal MP says. “Snakeheads” routinely charge 

from $15,000 to $20,000 for the sea trip to Canada, said Liberal MP Jim Karygiannis, who is a member of 

an immigration standing committee. “I am concerned about the women and the children,” he said Saturday. 

“The women can be forced to work in the sex trade to repay their passage,” Karygiannis said. There were 

90 women and 45 children on the boat. “In many cases their families here pay for the trip,” he said, adding 

others work in harsh conditions for low pay to give to the smugglers. “We know there are human smugglers 

preying on these people in refugee camps,” said Manjula Selvarajah, of the Canadian Tamil Congress, adding 

living conditions on the ship were terrible.

“This is awful and we have taken a strong stand against human smuggling,” she said. More than 90 Toronto 

Tamils have called their office with the names of 150 relatives who may be on the ship. The migrants, who 

are expected to file refugee claims, are now undergoing health and background security checks at CFB 

Esquimalt. Officers are screening for Tamil Tiger terrorists who may be hiding among the refugees.

Toronto immigration lawyers estimate it’ll cost about $22 million in legal fees for refugee hearings and 

appeals for the claimants.

About 91% of Sri Lankan refugees are accepted by immigration and refugee boards (IRB) to 

stay in Canada, Lawyer Richard Kurland said.

“Most of this group will end up living in Canada legally,” he said. “The majority are accepted by 

the IRB as legitimate refugees.” Public Security Minister Vic Toews has said the government 

“must ensure that our refugee system is not hijacked by criminals or terrorists.”

Meanwhile, the office of the UN high commissioner for refugees in Ottawa is encouraging Canadian authorities 

to receive and provide assistance for the Tamils.

tom.godfrey@sunmedia.ca

 

 

http://www.calgaryherald.com/story_print.html?id=3395816&sponsor=

http://www.montrealgazette.com/news/Feds+seek+ideas+stem+refugee+tide/3398473/story.html

 

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Harper government searching for means to stem tide of boat refugees

 
 
 
 
A family is escorted off the MV Sun Sea after they and an estimated 490 suspected Tamil refugees arrived on a cargo ship at Canadian Forces Base Esquimalt in Colwood, British Columbia on Vancouver Island August 13, 2010.
 

A family is escorted off the MV Sun Sea after they and an estimated 490 suspected Tamil refugees arrived on a cargo ship at Canadian Forces Base Esquimalt in Colwood, British Columbia on Vancouver Island August 13, 2010.

Photograph by: Andy Clark, Reuters

OTTAWA — The Harper government is pushing senior policy-makers and bureaucrats to find ways to keep illegal migrants from landing on Canada's shores.

 

Public Safety Minister Vic Toews is leading the charge, telling reporters in Victoria on Friday he suspects human-traffickers are eyeing the possibility of following the MV Sun Sea into Canadian waters, depending on how Canada reacts to Friday's landing of about 490 suspected asylum-seekers from Sri Lanka. "I don't view this as an isolated, independent act," Toews said. Toews said the government wants Canadian laws strengthened to effectively prevent human-traffickers and other criminal and terrorist organizations from abusing Canada's "generous" asylum system. "We believe there are others who are watching this particular situation to determine the reaction of Canadian authorities, and they will be making decisions based on the reaction," Toews said. Although Toews provided no details of what the government is contemplating, he suggested he wants to bolster targeted provisions within existing laws rather than engage in an overhaul of immigration and refugee rules. He also acknowledged he had been aware of the MV Sun Sea's movements for 2 1/2 months.

This is not the first time government officials have wrestled with how to handle potential refugee claimants arriving by boat without treating them differently from those arriving by land or air. But because the numbers of such arrivals in recent years has been relatively small — only 76 Tamils last year — compared to the 30,000 who apply for refugee status in Canada each year, it has not been a top priority. The Sun Sea has pushed the issue to the forefront, however, because of the large number aboard the vessel and because the government is taking seriously rumours two more boats loaded with Tamils may be heading this way, a government insider said.

One school of thought within government circles is that Canada should booster its intelligence capabilities and forge agreements with Thailand and perhaps with other countries in Southeast Asia to encourage them to intercept the boats as soon as they come into their waters. The passengers' applications for refugee status in Canada could then be processed in those countries, possibly with the help of the United Nations.

Canadian law prohibits Canadian authorities from intercepting a ship in international waters or the waters of another country.

Ottawa has kept a close eye on the treatment of asylum seekers in Australia, which has devised a system that does not violate international law that says countries cannot turn away potential refugees from their shores. Australia refuses to allow boats carrying refugee hopefuls to land, and instead sends them to Christmas Island, which is in Australian waters, for processing. The claimants can wind up staying on the island for months and even years as their claims are investigated.

Richard Kurland, a lawyer who specializes in immigration and refugee issues, said the Canadian government is in a tough spot trying to craft a policy that will live up to its international obligations and also allow it to block prospective refugees from landing in Canada by boat.

Kurland predicted Toews will run into a wall of political opposition if he tries to take the country back to the era of "none is too many" — referring to the 1939 decision by Canada and others to turn away the St. Louis, a ship carrying 900 European Jews fleeing Hitler's Germany. The boat eventually returned to Germany.

Kurland also said any move deemed by critics to infringe on the rights of those arriving by boat likely would be subject to a charter challenge in the courts.

Opposition parties have already vowed to fight any move to treat claimants arriving by boat differently than other claimants.

 
 
 

 



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Canadian authorities board Tamil ship off B.C. coast

 
 
 
 
RCMP and Canada Border Services Agency officers take the day to investigate and search the freighter Ocean Lady, still at dock at Ogden Point in Victoria, B.C. October  18, 2009. The Ocean Lady, also known as the Princess Easwary, is a rebel freighter belonging to the outlawed Tamil Tiger guerrilla group, a security expert believes.
 

RCMP and Canada Border Services Agency officers take the day to investigate and search the freighter Ocean Lady, still at dock at Ogden Point in Victoria, B.C. October 18, 2009. The Ocean Lady, also known as the Princess Easwary, is a rebel freighter belonging to the outlawed Tamil Tiger guerrilla group, a security expert believes.

Photograph by: Adrian Lam, Victoria Times Colonist

Canadian authorities boarded a Tamil migrant ship carrying 490 would-be refugees late Thursday night off the coast of British Columbia, after intercepting the vessel in the afternoon and escorting it toward Victoria.

HMCS Winnipeg made visual contact with the MV Sun Sea late in the morning, a federal official confirmed. In the afternoon, the vessel entered Canada’s territorial waters, inside the 12-nautical mile limit. The ship was expected to land at Canadian Forces Base Esquimalt, near Victoria, early Friday morning. However, federal officials aren’t exactly rolling out the red carpet for the new arrivals, who Public Safety Minister Vic Toews said included: “suspected human smugglers and terrorists.”

Echoing tough statements the government has made all week, Toews said: “Human-smuggling and human-trafficking are despicable crimes. They are both illegal and dangerous. “Human-smugglers and human-traffickers are now watching Canada’s response to judge whether or not they can continue to take advantage of us. . . . We will send a message loud and clear to other criminals: ‘If you do this, then you will be prosecuted to the fullest extent of the law.’ ” Toews said while the government wants to protect real refugees, “it is imperative that we prevent supporters and members of a criminal or terrorist organization from abusing Canada’s refugee system.” Personnel from National Defence, the RCMP and the Canadian Border Services Agency boarded the vessel Thursday night. “From there, control of the ship will be in Canada’s hands,” said an official with Toews’ office.

There was no sign of resistance by the Sun Sea to directions given by the navy. But the condition of the passengers — believed to include women and children — was not yet known. The ship appeared off the British Columbia coast earlier this week after a months-long journey under the watchful eye of authorities.

Experts say the migrants are likely fleeing Sri Lanka after the end of a war of independence between the Tamil Tigers army and the Sri Lankan government. The Tamil Tigers are considered a terrorist organization by Canada and its members are banned from entering the country. Staff at the Victoria General Hospital were busy preparing to treat the migrants, after reports that one person may have died on board. Some of the would-be refugees, including women and children, may have serious health problems after their three-month voyage, health officials said. The coast guard has been tracking the ship’s progress up the West Coast since July. It was expected the passengers would be processed by Citizenship and Immigration Canada officials before being taken to two Vancouver-area jails to be housed.

The high commissioner of Sri Lanka said the ship is a human-smuggling operation linked to the Tamil Tigers, and that the captain of the ship, a man named “Vinod,” is a known member of the terrorist group. “The captain has been a sea Tiger and a smuggler, who was involved in (arms) procurement,” said Chitranganee Wagiswara, the high commissioner, in Ottawa. Wagiswara said the reports of terrorists aboard the ship came from “intelligence.” She said the government should turn the ship away, even though other groups have said it contains refugees who are fleeing persecution. “What we would like Canada to do is not accept these people, these illegal immigrants, because these are criminal elements that are trying to come into the country, and abusing the Canadian system,” she said.

But Tamil advocates in Canada cautioned against making an automatic link between the ethnic group and the terrorist organization. “The Tamil minority within the island of Sri Lanka has been demonized and criminalized,” said Krisna Saravanamuttu, a spokesman for the National Council of Canadian Tamils. “What I would encourage our federal government to do, is to treat these individuals with compassion, give them their due process, let (them) go through the system just like any other refugee in this country.”

Both NDP immigration critic Olivia Chow and Liberal Leader Michael Ignatieff said the migrants have a legal right to be assessed as refugees. “Every refugee claimant should be treated the same way, under Canadian law,” Chow said. “They have a right, and we have a right to examine them individually, and that’s what we should do. Whether they arrive by boat, or by plane, they should have the same rights under the refugees law.” Ignatieff said the migrants “have a right to have individual refugee determination.” “These people have been on the high seas for I don’t know how long . . . if they’re found to have suspect or difficult pasts then that has to be independently established,” he told the Nunatsiaq News.

“If we find that they are security risks, then they have to be sent home. But in Canada, we do it one by one. And that’s the way we ought to do it with this boat.” Sharryn Aiken, associate dean of the Queen’s University Faculty of Law and an expert on immigration and refugee law, said that even if members of the Tamil Tigers were aboard the ship, they may not be sent back to Sri Lanka. “They may not be eligible for refugee protection but they may be eligible to remain in Canada because of a risk of torture upon return to Sri Lanka. And that’s something that we have to balance. We balance the risk to Canada and the risk of return. But certainly Canada has an absolutely clear international legal obligation as well as domestic obligation in the Charter of Rights not to return anyone to where they’re at risk of torture or other serious human rights abuses,” said Aiken. “The best thing that Canada can do is promote a lasting peace in Sri Lanka, so people will no longer have to flee. And Canada’s record in that regard has been abysmal. We’ve done very little to foster the cause of peace and reconciliation in Sri Lanka.”

Another immigration expert said concerns that migrants will clog the refugee system have been overblown.

“Statistically, this boat is choking full of genuine refugees fearing persecution from Sri Lanka,” said Richard Kurland, a Quebec-based immigration policy analyst.

Last year, 1,000 Sri Lankan refugee claimants were processed out of the 30,000 to 45,000 total refugees processed in Canada each year, he said.

“You’re talking a relatively small number,” Kurland said. “Canada has an international obligation to protect the persecuted.”

International human-rights organizations working in Sri Lanka said that 15 months after the government’s defeat of the Tamil Tigers, disappearances, security force abuses and even ethnic colonization define life in the country’s north. “It’s still very battered by conflict, still heavily militarized, very much under the thumb of the Sri Lankan military,” said Bob Templer, Asian program director with the International Crisis Group, reached in New York. The ship is the second in less than a year to arrive with Tamil refugees aboard. Last October, a smaller cargo ship, the Ocean Lady, was intercepted by HMCS Regina and taken to Victoria, where 76 Tamils disembarked. Many speculated that some of the men aboard the Ocean Lady were members of the Tamil Tigers, the paramilitary arm of the Tamil independence movement. The migrants have since been released, pending the refugee claim process, and most are living in Toronto. So far, none of them has been linked to the Tamil Tigers.

With files from the Victoria Times Colonist

 

 
 
RCMP and Canada Border Services Agency officers take the day to investigate and search the freighter Ocean Lady, still at dock at Ogden Point in Victoria, B.C. October  18, 2009. The Ocean Lady, also known as the Princess Easwary, is a rebel freighter belonging to the outlawed Tamil Tiger guerrilla group, a security expert believes.
 

RCMP and Canada Border Services Agency officers take the day to investigate and search the freighter Ocean Lady, still at dock at Ogden Point in Victoria, B.C. October 18, 2009. The Ocean Lady, also known as the Princess Easwary, is a rebel freighter belonging to the outlawed Tamil Tiger guerrilla group, a security expert believes.

Photograph by: Adrian Lam, Victoria Times Colonist

 
RCMP and Canada Border Services Agency officers take the day to investigate and search the freighter Ocean Lady, still at dock at Ogden Point in Victoria, B.C. October  18, 2009. The Ocean Lady, also known as the Princess Easwary, is a rebel freighter belonging to the outlawed Tamil Tiger guerrilla group, a security expert believes.
A general navigational outline of the Tamil migrant Ship route to the coast of British Columbia.
 

 

 

 

 

 


Sri Lankan refugee claims often succeed in Canada, says immigration lawyer

 

http://www.vancouversun.com/news/Ottawa+gets+conflicting+advice/3393998/story.html

 

 

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Ottawa gets conflicting advice

 

Experts speak of a duty to refugees but Sri Lanka wants ship turned back

 
 
 

Canada has an international duty to protect legitimate refugees arriving in Victoria aboard a Tamil migrant ship, despite calls by some to turn the boat away, immigration experts say.

"Statistically, this boat is choking full of genuine refugees fearing persecution from Sri Lanka," said Richard Kurland, a Quebec-based immigration policy analyst.

He pointed to 2009 figures where 91 per cent of refugee claims were accepted by the Immigration and Refugee Board.

Kurland said concerns that the migrants will clog the refugee system have been overblown.

Last year, about 1,000 Sri Lankan refugee claimants were processed out of the 30,000 to 45,000 total refugees processed in Canada each year, he said.

"You're talking a relatively small number," Kurland said.

"Canada has an international obligation to protect the persecuted."

The high commissioner of Sri Lanka said the ship bound for Victoria is a human-smuggling operation linked to the Tamil Tigers, and that the captain of the ship, a man named "Vinod," is a known member of the terrorist group.

"The captain has been a sea Tiger and a smuggler, who was involved in [arms] procurement," said Chitranganee Wagiswara, the high commissioner for her country in Ottawa. She said the government should turn the ship away, dthough other groups have said it contains refugees fleeing persecution in their countries of origin.

"What we would like Canada to do is not accept these people, these illegal immigrants, because these are criminal elements that are trying to come into the country, and abusing the Canadian system," she said. But Tamil advocates in Canada cautioned against making an automatic link between the ethnic group and the terrorist organization. "The Tamil minority within the island of Sri Lanka has been demonized and criminalized," said Krisna Saravanamuttu, a spokesman for the National Council of Canadian Tamils. "What I would encourage our federal government to do is to treat these individuals with compassion, give them their due process, let [them] go through the system just like any other refugee in this country."

Kurland said the challenging part in dealing with this migrant ship is separating the small number of people who are security risks from the legitimate refugees also aboard.

"Typically, bad people will surround themselves by a lot of good people in order to camouflage entry to Canada."

The best solution, Kurland said, is to send authorities onto the boat to look for behavioural clues that distinguish "the huddled family fearing persecution from the Tamil Tigers."

When the migrants are taken into custody for processing, Kurland said, it's highly likely they'll have their photos taken and the photos will be sent to other countries to compare against international databases of suspected terrorists.

Calgary immigration lawyer Bjorn Harsanyi said the migrants are not jumping the queue, as anyone can make a refugee claim once they arrive in Canada. "This is going to be a fantastic test of what the government's role is to immigrants," he said.

kderosa@tc.canwest.com

 
 
 

 

 

 

http://www.theglobeandmail.com/news/national/british-columbia/Somnia/article1668552/

August 10, 2010

Jails on alert as ship of Tamils makes its way to B.C.

By Marten Youssef and Ian Bailey
From Wednesday's Globe and Mail

About 200 migrants expected to be detained as MV Sun Sea nears B.C. shores

Two provincial jails east of Vancouver are preparing for an influx this week of 200 new residents: 

Tamil migrants aboard a ship that is expected to arrive in British Columbia. That disclosure from a 

spokesman for the District of Maple Ridge Tuesday is the clearest indication that the long-awaited 

arrival of the MV Sun Sea is imminent, three months after its departure from Thailand.

John Leeburn, a spokesman for Maple Ridge, said wardens at the Fraser Regional Corrections Centre and the Alouette 

Correctional Centre for Women have told district officials that the RCMP and Canadian Border Services would likely be 

boarding the ship offshore mid-week, and that the vessel would be taken to Victoria as its first port of call. An expected 

100 men would then be taken to the Fraser centre, which is the jail for men, while 80 women would be taken to Alouette. 

It is not clear where any children will be taken, he said. Mr. Leeburn said the briefing from corrections officials suggests 

the Tamil migrants will be at the jails for at least two to four months of processing. "We're told this out of a good neighbour 

policy because the prisons have been here for a while and there's a good working relationship between us and them," he said.

Passengers aboard the ship are fleeing after the end of a civil war in Sri Lanka. Some security experts worry that the ship 

may be carrying high-ranking members of the Liberation Tigers of Tamil Eelam, a banned terrorist organization in Canada. 

Canadian officials have not commented about the ship's passengers or when the ship may be intercepted. A spokesman for 

B.C. Corrections said the facilities would be able to handle migrants, recalling that 76 Tamils from another ship, the Ocean 

Lady, were housed last year in Maple Ridge. Many are now living in Toronto, pending refugee hearings. "The custody of 

migrants is something we have dealt with a number of times in the past decade. I think it's something we have shown 

we're able to do, and can respond quickly and effectively," Jess Gunnarson said in an interview. "[We] are certainly 

committed to our federal partners in terms of providing that service."

Mr. Gunnarson said privacy and security directives limit his ability to comment further. "A number of the operational 

decisions that need to be made with the arrival of such a ship or once such a ship has arrived really can't be made until 

that time because they are based on the number of individuals, the demographics of those individuals and their backgrounds." 

Navy ships or an RCMP vessel will likely make first contact with the Sun Sea upon arrival in Canadian waters, after which 

the vessel will likely be boarded and then escorted to dock. The vessel is expected to taken to the Ogden Point terminal in 

Victoria, which is where officials took the last ship.

Richard Kurland, immigration policy analyst and lawyer, said tuberculosis and dehydration could be major h

ealth issues considering the vessel has been at sea since May.

Bob Barlow, general manager of Western Stevedoring, which operates Ogden Point, said Tuesday that the company has 

not been contacted by government officials about the arrival of the ship. Gray Line, the bus company used last October to 

help transport migrants, said no request has been made to stand ready in the event the vessel arrives. "We were only 

given one hour notice last year for two buses," said a dispatcher, who asked not to be named.

 

 

 

http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100808/bc_deportation_100808/20100808?hub=BritishColumbiaHome

CTV NEWS

 

CTV.ca

Family pleads to stop stepfather's deportation

 

ctvbc.ca 
  
Updated: Mon. Aug. 9 2010 6:34 PM ET

 

A mother of four is pleading for compassion from Immigration Canada, saying she is unsure how she can raise her children if her husband is deported to the U.S.

 

Two months ago, the family was pulled over during a routine road check and authorities discovered stepfather Clarence Garrett was in Canada illegally.

 

While the couple has been married for two years, Clarence, who has no criminal record, has been living in Surrey for a year without applying for the proper documentation.

 

"We just got so tied up with dealing with the kids that we couldn't do it," wife Amanda Garrett said.

 

Amanda is currently on maternity leave caring for her newborn son and his three older brothers, who all have behavioural issues. "The oldest one, I have to constantly watch him because of his mood swings," she said.

 

She's supposed to go back to work in September, but if her husband is sent back to Seattle she's not sure how she will cope.

 

Immigration lawyer Richard Kurland believes Clarence may have a chance of staying because Amanda wouldn't be able to work without him taking care of the family.

 

"The reliance is a key factor. It's in the interest of the children to have a stable family household," he said.

 

For now, the Garretts say they plan to comply with the immigration order.

 

With a report from CTV British Columbia's Bal Brach

© 2010 CTVglobemedia All Rights Reserved.

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Family pleads to stop stepfather's deportation


 

 

 

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Back to Fastest way to get to Canada — marriage

Fastest way to get to Canada — marriage

July 16, 2010

Raveena Aulakh

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Deepinder Mann married Ranjit Kaur in India in 2009.

 

She lives in northern India and dreams of moving to a city called Toronto. She has some family there. And she knows how to get there with no long wait and a minimum of paperwork: All she has to do is find a Canadian to marry her. Once married, she is granted permanent resident status. Once in Canada, all she needs to do to begin her new life is abandon him. The entire ugly process can be completed in a matter of months. That’s how easy it is.

And the consequences? Almost none. Those who marry fraudulently are rarely deported.

“It’s one of the biggest challenges for immigration,” said Richard Kurland, Vancouver-based veteran immigration policy analyst and immigration lawyer. “The problem knows no colour, no language.”

“The only people getting hurt are Canadians — in their hearts and their wallets,” he said.

Hundreds of fraudulent marriages take place every year. Citizenship and Immigration Canada acknowledges roughly 1,000 such cases are reported annually. In 2009, nearly 45,000 people immigrated to Canada as spouses. “These are complicated cases,” said Doug Kellam, an immigration spokesman. “It is tough to prove bad faith by a sponsored partner.”

A bad-faith relationship must meet two criteria — that it is not genuine and that it was entered into to obtain immigration status.

CIC and Canada Border Services Agency do investigate immigration-related fraud but fraudulent marriages aren’t really a priority. Their main focus is on issues of national security. CBSA has eight officers to investigate bad-faith marriages. There are about 350 immigration enforcement officers across Canada. Last year, CBSA deported 14,762 people, said Patrizia Giolti, spokesperson for the agency. But there are no statistics on how many people are deported because of “misrepresentation,” she added.

“I bet none were related to fraudulent marriages,” said Sam Benet, president of Canadians Against Immigration Fraud. The Toronto-based non-profit organization, which boasts almost 200 members across Canada, came into being after Benet’s son, Saranjeet Benet, was allegedly abandoned by his wife days after she arrived in Canada from India. The organization launched a class-action lawsuit in 2009 against the federal government for failing to investigate and deport foreigners who trick Canadians into marriages of convenience.

At least 70 per cent of the cases are from South Asia, he said. “It’s not a new phenomenon . . . foreigners have been defrauding us for years but what has the government done? Nothing,” said Benet, whose family is still scarred by what happened years ago. “She divided our family. . . it can never be the same again for us.”

Abandoned spouses are angry about what happened to them but they also worry they could be on the hook for thousands of dollars. Fraudulent marriage or not, a Canadian sponsor remains obligated financially to a foreign spouse for up to three years under the terms of sponsorship. That means if the spouse ends up on government assistance, the sponsor must repay the government and risks being denied future sponsorships. Even if they divorce, the Canadian sponsor remains financially obligated if the spouse goes on welfare. The sponsorship period was 10 years but it was reduced to three years a couple of years ago. In some cases, the government has asked sponsors to cough up as much as $100,000. “Imagine being asked to pay money for a fiancée who has abandoned you?” said Jeff Vanderhorst. “That would be brutal.” The Amherstburg, Ont.-native met Yennis Escobar Pompa in Cuba in 1999. Four years later, he sponsored her to Canada as his fiancée. In three weeks, she disappeared, said Vanderhorst, now 48. He complained to immigration and border services numerous times that Pompa had broken the terms of sponsorship, which specified the couple had to marry within 90 days. Nothing was done, he said. In the next couple of years, he discovered that she had obtained permanent residency and was living on welfare in Montreal. No claim has yet been made on him but Vanderhorst, who is still angry about how immigration handled his case, is on the hook until 2013. Seven years after she disappeared, he’s still very bitter. “I don’t trust women. . . . Yes, I am still hung up about it,” he said. “Until it happens to you, you'll never know how it hurts.”

Fraudulent marriages hurt Canadians the most and immigration laws need to be tightened, say some experts. One proposal is to introduce a provisional visa valid for two years for new spouses. “Australia has it, so does the U.S.,” pointed out Julie Taub, an immigration lawyer. Under this provision, if the marriage is still intact after the second year, the immigrating spouse can apply for a permanent visa.

It doesn’t eliminate the problem “but does make it slightly tougher for people to plan elaborate marriage frauds,” said Richard Kurland.

Not everyone agrees. There are concerns that a temporary visa would force women to stay in abusive relationships. “It creates a class of vulnerable people living in Canada,” said Rudolf Kischer, a well-known immigration lawyer in Vancouver. He believes people need to be educated about the pitfalls of marrying outside Canada. Those who get permanent status in Canada through fraud are eventually able to sponsor their own family members, said Taub. It’s what she calls chain migration based on an original fraud.

Citizenship and Immigration Canada is planning to tighten policies to prevent people from gaining permanent residency through marriage fraud, said spokesperson Doug Kellam. The sponsorship program is hard on some people and “minister (Jason) Kenney is looking at changes,” said Kellam. “He is consulting with different groups and looking at how the law might be structured to deal with this kind of a situation.”

Vanderhorst says he’ll be very happy if the law is overhauled. “It won’t change anything for me personally but it’ll be a deterrent for foreigners who play with our emotions, make fools of us,” he said. “We can't let them get away with it.”


Kashmir Janagal

His was a fairy tale wedding. Markham’s Kashmir Janagal flew to Punjab, India, with his parents and a half-dozen relatives in early 2008. There were three pre-weddings parties, hundreds of guests and on Feb. 16, he married Parveen Kumari, a woman he and his family had known for years. Janagal, now 34, returned home and filed his wife’s sponsorship papers. She flew to Toronto on Feb. 8, 2009. Janagal says his wife’s uncle, who lives in Montreal, was also at the airport. Eventually, everyone went to Janagal’s home. “She didn’t want to talk to me but only to her uncle,” said Janagal, who was then training to be a primary school teacher. He left for work the next day. When he returned, she was gone. Janagal says he tried calling dozens of time — there was no answer. Finally, he filed a missing person’s report. A few days later, she filed assault charges against him. He next saw Kumari this January at the trial, where charges against him were dismissed. It was vindication but not enough. “She has taken two years of my life. . . . The emotional pain is unbelievable,” said Janagal. “You fall totally in love and realize you’ve been used. I’ve lost faith in people.” Janagal, who is still married to Kumari, has complained to CIC, CBSA and the Prime Minister’s office. “I’ll keep at it until I know what’s happening with her.”

Cindy Green

She was devastated when it happened; now she’s at peace. “I know the government works slowly but I have faith . . . he will be deported eventually.” Cindy Green, now 52, met Francisco Vargas while on holiday in Punta Cana, Dominican Republic, in 2003. They got married in October 2004, 18 months after they had first met. Vargas came to Canada in December 2005. Green, who lives in Woodbridge, says everything was fine the first month and he even started working at a local restaurant. “In January, he started to change,” she said. He got upset at the slightest reason and “tried to provoke me into fights at every opportunity.” On Jan. 31, 2006, seven weeks after landing in Toronto, he left without an explanation. When Canada Border Services Agency didn’t do anything, Green hired a private detective in Punta Cana. Within weeks, he found that Vargas had a common-law wife and four children with her. Armed with proof, she went to the border agency. Privacy issues still prevent her from knowing what exactly is going on “but I know that he has a deportation hearing soon.” Green says she’s not bitter any more. “I just feel that we have to keep fighting to change our immigration system. Why is it that very few people are deported even though it’s proven they used marriage as a way to get to Canada?”

Evan Wilson

Evan Wilson, 36, of St. Thomas, Ont. met Yaemin Garcia Gonzalez while holidaying in Havana in September 2008. There was an instant connection with the 23-year-old. He spent about five days with her and then returned to Canada. One thing led to another and they were married in Havana in December 2008, her young daughter by her side. In January 2010, she arrived in Toronto. The two lived happily for some weeks. Then Wilson said he happened to see her email. “She had written to her friend that her ex-boyfriend wanted her to claim abuse against me and go to a shelter,” he said. He says he begged her to come clean. She said she wanted to go home. He bought her a ticket but she never boarded the flight. Wilson doesn’t know how but Gonzalez somehow wound up in Miami and then in Louisville, Kentucky. “She’s illegal there and they will deport her . . . but to Canada and she’ll go on welfare here,” said Wilson. “She should go back to Cuba.” Wilson has called and written to Citizenship and Immigration Canada and Canada Border Services Agency dozens of time. He says the two government agencies don’t care that she was charged with prostitution in 2005 and 2007 or that she circumvented the law here. “There are too many such stories,” said Wilson. “Something needs to be done and quickly.”

Deepinder Mann

He had heard stories of brides and grooms abandoning their spouses once they reached Canada but Deepinder Mann never thought it would happen to him. “I was marrying someone very close to my family in India,” said Mann, 36, a Brampton realtor. He married Ranjit Kaur, 31, in Punjab, India, in January 2009. Mann says he spent two weeks with her but they did not consummate the marriage. He says he sensed something was wrong but she convinced him that she would be more comfortable once she lived with him in Canada. She came to Canada in September but didn’t stay with Mann for long. She went to her aunt’s place, said Mann. When he went to talk to the aunt, he says he was told that his wife didn’t want to live with him. “It slowly unravelled that she had a boyfriend in India . . . I was even given a letter in which she had admitted to it all,” said Mann. Kaur returned to India within weeks and Mann wrote to Citizenship and Immigration Canada and Canada Border Services Agency, warning them against letting her into Canada again. He also went to India and registered cheating cases against Kaur and her family. In March, he discovered that she had come to Canada again. “I complained to everyone and she still managed to come here,” said Mann. “The system is so soft and easy to abuse. It doesn’t happen anywhere else.”

 

 http://www2.macleans.ca/2010/06/17/who-doesnt-get-into-canada/print/

Who doesn’t get into Canada

Jun 17, 2010 by Charlie Gillis

PHOTOGRAPH BY ANDREW TOLSON

Midway through last summer, when much of official Ottawa was away at the cottage, a revealing document landed on the desk of Canada’s top immigration bureaucrat, deputy minister Neil Yeates. Prosaically titled “Social and Economic Outcomes of Second Generation Youth,” the four-page memo showed little regard for the political correctness typical of government correspondence. “Chinese and South Asians are the most likely to have university degrees or higher, and to be employed in high-skilled occupations,” observed the summary, which was prepared by departmental bureaucrats and released recently through access to information. Second-generation youth of Caribbean and Latin American origin don’t fare so well, the memo went on; they tend to obtain lower levels of education than native-born Canadian kids and wind up in less skilled jobs.

 

To Richard Kurland, the Vancouver-based immigration lawyer who dug it up, the document confirmed “what everybody in the business has known for a long time.” For years, the government has been gathering data on the performance of newcomers and their children based on ethnicity, he notes, and while immigration officials deny they use information to identify the best countries from which to recruit, the numbers tell a different story. Since 1999, China and India have been the top two source countries for immigrants to Canada, averaging about 60,000 landings per year, while the number coming from the Caribbean has fallen sharply. Immigration from the West Indies had fallen 45 per cent below levels seen in the early 1990s, according to figures compiled by Statistics Canada, when more than 16,000 from that region were entering the country annually.

And these days, equipped with new legislative powers, the government is able to pick and choose more aggressively than ever. Bill C-50, passed in late 2008, allows the minister to delay the processing of applications from specific missions abroad in order to speed those from others, and so far the results have been stark. The average wait time for someone wishing to bring a spouse into the country through Kingston, Jamaica has ballooned to 15 months, fully three times the processing time in 2006. A similar application lodged in New Delhi takes just six months.

It would be simplistic to call this profiling. China and India are better represented in Canada’s intake statistics, a senior government official told Maclean’s, because they are rich in skilled, educated people willing to emigrate—not because of ethnic traits, real or imagined: “It’s a matter of basic supply and demand.” As for the memo, a spokeswoman for Citizenship and Immigration Canada would say only that it reflects the department’s ongoing concern for groups “experiencing less positive outcomes from an immigration, settlement and a multiculturalism perspective.”

Still, both the memo and numbers reflect a preoccupation that has come to define the Harper government’s approach to immigration: which applicants offer the greatest long-term value—now or a generation or two down the line? In speech after speech, Immigration Minister Jason Kenney points up pressures wrought by the country’s low birth rate and advancing economy, noting that 100 per cent of Canada’s labour growth will have to come from outside the country by 2016. Under the circumstances, he says, there is little place for electorally driven immigration, in which governments endlessly expanded family reunification quotas in return for goodwill at voting time. “The standard Liberal electoral strategy in the past three decades has been a kind of shameless pandering to immigrant communities,” Kenney charges in an interview. “It didn’t work. They over-promised and under-delivered.”

It all sounds well and good: a system that emphasizes merit rather than familial connection or crass politics. But recruiting 250,000 immigrants per year, as Ottawa hopes to do for the foreseeable future, will require sweeping, some would say un-Canadian, judgments. Do some countries offer better immigrants, on average, than others? Whose children do better? What, exactly, do we mean by “better”? Deciding who gets into the country has arguably never been so important. And rarely has it been so hard.

The idea that we might goose our economy with strategic immigration isn’t new, of course. Clifford Sifton’s “stalwart peasant in a sheepskin coat” was an early 1900s version of today’s “designer immigrant”—an applicant in, say, her late 20s, with a graduate degree and $300,000 in savings. Yet the latter half of the century saw waves of newcomers enter through the country’s other gateway: programs allowing those already here to sponsor family members from abroad. Tradesmen who flooded in from southern Europe in the ’50s and ’60s sponsored their spouses and children, as did women who had arrived from Jamaica, Haiti and Trinidad to work as housekeepers. By 1976, nearly 10 per cent of the country’s immigrants were coming from the Caribbean, though the region represented about 0.6 per cent of the world’s population.

By 1993, with the family-class quotient nearing 44 per cent of the intake, decision-makers were starting to worry. Successive immigration ministers under prime minister Jean Chrétien jacked up the number of so-called economic immigrants—skilled workers, or people with money—pushing family-class applicants’ share of intake down to 24 per cent in 2005. For a party with deep political ties to the country’s ethnic communities, this was risky policy, and soon the Grits were taking heat over a 100,000-case backlog in the number of residents trying to bring their parents and grandparents into the country. In 2005, then-minister Joe Volpe buckled under the pressure, promising to triple the number of family reunification applications the department would process.

Kenney’s break with this pattern has been one of tone as much as substance: while he talks up the importance of economic immigration, he’s cultivated his own strong ties with ethnic groups and maintained family-class immigration targets at or near previous levels. Bill C-50, however, allows Kenney to move with a freedom his Liberal predecessors would have envied, fast-tracking applicants in 38 high-demand occupations—from petroleum engineers to hotel managers—while effectively shutting off the tap from parts of the world awash in family-class applications. Caribbean, Latin American and African candidates appear to have been hit hardest. Canadian-based parents who apply to the immigration post in Nairobi to bring over their children are told they must wait three years, nearly double the projected wait in 2006. In Guatemala, the delay is up 63 per cent during the same period, to 23 months, while wait times for Asian and Pacific countries have grown only marginally.

The sense of unequal treatment rankles people like Jessica Thomas, a 29-year-old Barbudan-Canadian who lives in Toronto. Four years ago, she married a man from Barbuda here in Toronto and became pregnant. But after her husband, Nicholas, returned a few weeks later to the tiny Caribbean island to care for his ailing father, he found he couldn’t get back; evidently, officials suspected the marriage was a sham. Thomas was infuriated (“Who spends $40,000 on a sham wedding?”), not least by the contempt she says the couple encountered at Canada’s high commission in Trinidad. “I’ve found them very rude,” she says, pointedly noting that top positions at the mission appear to be occupied by Asians, Indians and white people. “Maybe they look at people who come from the Caribbean and live off the system. Well, we’re not in that category.”

It’s the sort of ill will that is worth it only if the government can point to tangible results. For the Tories, that’s no slam dunk. Despite the new emphasis on economic immigration, a StatsCan study released in February showed that less than one in four newcomers are finding work in the occupations they’d trained for, while immigrants in general are less likely to be employed than native-born Canadians. It is now trite for politicians to bemoan the professional barriers stopping skilled workers from finding jobs in their field—the proverbial cab driver with a Ph.D. But little has been done to remedy the problem.

Meantime, the de-emphasis on family unification may be driving away the very people the government is trying to recruit. Jim Karygiannis, a Liberal MP representing the ethnically diverse riding of Scarborough-Agincourt, says he’s been hearing from skilled workers and business-class migrants frustrated by the government’s policy of consigning sponsorship applications for parents and grandparents to the bottom of the pile. “A lot of immigrant families want to have the parents or grandparents here to help raise the kids,” he says. “If they can’t do that, they say, ‘Thank you very much but I’m gone.’ ” This is no small concern, given the benefits Canada has gained from immigrants who had upwardly mobile children. (In addition to its ethnic breakdown, last summer’s memo quotes studies concluding that second-generation immigrant youth are on the whole more likely to get high school diplomas, university degrees and high-skill jobs than kids of native-born Canadians.)

All of which exposes the government to criticism that it is turning its back on—if not discriminating against—the sort of people who helped build the country. “I don’t think family reunification exists in [this government’s] vocabulary,” says Judy Sgro, a Liberal MP who served as immigration minister in 2004. Luin Goldring, a York University professor who has studied the difficulties faced by Caribbean and Latin American immigrants, questions “the whole business of looking at people as economic units.” “It divides the person into their economic role and social role,” she says, when studies have shown that all classes of immigrants integrate more smoothly if they establish strong family support networks.

Yet even critics like Sgro acknowledge the need to “get it right” as Canada enters the post-baby-boom economic era, with a birth rate of 1.66 and a host of entitlement programs and pensions to pay for. It is no less a challenge than the one government faced at the turn of the century, when it set out to settle the West, observes Alan Simmons, the author of a forthcoming history on immigration to Canada. But now, as a free-trading nation in a knowledge economy, he says, we would “like to recruit only the perfect designer immigrants,” and that means leaning on the narrow band of countries that have them in surplus. It also means pinching the flow from countries where the education system is lacking, or money is scarce.

It’s a far cry from our fondest self-image as a haven for the lowly, who yearn for a better life. Years ago, during a cross-country train trip,Maclean’s journalist Rae Corelli summoned a romantic image of Canada’s French and English founders leaving “a key under the mat for dreamers from other lands.” The key is still there, of course. But as we weigh an uncertain future, we’re getting a lot more picky about whom we invite to use it.


'Sanctuary is a safety valve against bureaucratic failure.' 

   -   Immigration lawyer Richard Kurland


CBC News - British Columbia - CBSA sanctuary rules back tradition: minister 14/04/10 11:54 AM

http://www.cbc.ca/canada/british-columbia/story/2010/04/14/bc-sanctuary-policy-cbsa.html 


'Sanctuary is a safety valve againstbureaucratic failure.'-Immigration lawyer Richard Kurland
CBSA sanctuary rules back tradition: minister
CBC News
U.S. Army Pvt. Rodney Watson says he does not want to go back to Iraq, and does not want to go to prison in 
the U.S., so has sought sanctuary in Vancouver. (CBC)

A Vancouver church minister says new guidelines on sanctuary that have reportedly been drafted by the Canada Border 
Services Agency may reinforce the ancient tradition of fugitives finding temporary shelter in churches. The new policy 
outlines the exceptional circumstance when entering a church to seize someone might be necessary, including strong 
public calls for action or risks to public safety or security, according to a National Post story published earlier this week. 
Rev. Ric Matthews, who has been offering sanctuary to U.S. Iraq War deserter Rodney Watson at Vancouver's First 
United Church since September, admits sanctuary isn't a legal right, but rather a respected 2,700-year-old tradition. 
The CBSA has yet to comment publicly on the leaked report. The agency has never violated the principal of sanctuary, 
but under the draft policy, it reportedly maintains it has the right to do so and may under exceptional circumstances.
"The concern is the broad nature of the permission to go in and the circumstances. It's very subjective ... particularly 
the clause that speaks to protecting the integrety of the system is a challenge, because it is hard to know how you 
interpret that," said Matthews. But Matthews says the new policy actually reinforces sanctuary, because the default 
position will be that border agents not enter a place of worship to seize someone, unless that person poses a particular 
threat. Matthews says people need to understand what sanctuary is, and compares granting sanctuary to pushing the 
pause button on the unjust application of the law. "I don't think it's defiance. I mean, that Rodney Watson is in this 
building - he is not free to do what he wants - and this is clearly not something he can do for the rest of his life. There 
has to be a point where this has to be resolved one way or the other," he says.

Bureaucratic safety valve
Immigration lawyer Richard Kurland says sanctuary provides a second chance for those treated poorly by the 
immigration system. "Sanctuary is a safety valve against bureaucratic failure. In Canada, the absence of an 
appeal for refugee decisions gave legitimacy to the sanctuary system."
There are two other cases of people living in sanctuary in Canada. Mikhail Lennikov has been living in an East 
Vancouver church since last June, after the CBSA declared the former KGB agent a threat to national security 
and ordered him out of the country. Mongolian citizen Gankhuyag Bumuutseren took sanctuary in a Toronto 
church in August to avoid deportation to the U.S., where he is wanted for allegedly spying on Chinese dissidents. 


TORONTO SUN

Young refugee claimants from U.S. concern officials

April 12, 2010  
By TOM GODFREY,

Young children from the U.S. are being spirited to Canada for their own safety and are among the top refugee claimants at some southern Ontario border crossings, intelligence officials say. In August last year, 51 U.S. children were claimants, 46 of whom were under the age of 11, according to a Canada Border Services Agency intelligence report obtained under an access of information request. 

Canadian border officials say they're concerned for the children, some of whom have been brought or sent here to avoid deportation, while their parents remain in the U.S. to work illegally. "They are predominantly the accompanying minor children of land border claimants of other origins," said an officer of a CBSA Intelligence Risk Assessment and Analysis Division. The agency said most of the claimants arrived at Ontario land crossings and were processed at an immigration office in Fort Erie. 

"Many of these people had been living illegally in the U.S. for years and had children there," said immigration lawyer Richard Kurland, who obtained the classified bulletin. "The children are Americans but their parents are not." 

The refugee report was conducted in November and provided a snapshot of other months of the year. In November, for instance, the top refugee-producing country for Canada was Colombia with more than 80 of 420 claimants. The agency said also during November, 572 refugee claims were filed at Canadian airports, with 83% of them made at Pearson airport and 9% at Trudeau airport in Montreal. Officers said organized human smuggling by ship remains a threat with the arrival of a vessel in October last year carrying 76 Sri Lankan refugee claimants.

tom.godfrey@sunmedia.ca

 

 

http://www.vancouversun.com/news/refugee+claim+process+could+cost+million/2747126/story.html

New refugee claim process could cost $540 million

Plan will limit appeals from those who are rejected

 BY NORMA GRENAWAY AND DAVID AKIN, CANWEST NEWS SERVICES; VANCOUVER SUN       MARCH 31, 2010   

Vowing not to cave to the "enemies of reform," Immigration Minister Jason Kenney proposed $540 million worth of new measures Tuesday to overhaul the system for dealing with refugee claims from foreigners who arrive on Canadian soil. Kenney said the  changes, once implemented, will cut the time it takes for a refugee claimant to get a hearing to two months from the current 19 and reduce to about two years from the average 4½ years it now takes to evict a rejected applicant from Canada. A total of $126 million of the new money has been earmarked for clearing up the current backlog of 60,000 asylum seekers. "Our generosity is too often abused by false refugee claimants," Kenney told a news conference. "The system is full of opportunities for appeal and we are streamlining that process." The shorter timelines would be achieved by allowing trained public servants to make the first call on a refugee claim and limiting avenues of appeal now open to those whose claims are rejected. Kenney said the new limits on appeals are offset by the government's decision to create a new refugee appeal division, which would be charged with reviewing the first-level decision within four months and allowing new evidence to be submitted. Government appointees would staff the division. One measure that already has refugee advocates, as well as some opposition politicians, on high alert would allow the immigration minister to designate a list of "safe" countries of origin. Refugee claimants from those "safe" countries would not have the right to appeal a negative ruling to the new refugee appeal division. Their only recourse would be the Federal Court of Canada. Kenney billed the safe country designation as a necessary "tool" to counter any "massive" spikes in refugee claims from democratic countries with a robust human rights record. As it stands now, Kenney said, the government has to resort to imposing visa requirements when claims surge from individual countries, as it did last year for visitors from Mexico and the Czech Republic, a tactic that, he said, can undermine diplomatic and commercial relations. Kenney said the list of safe countries would be drawn up after receiving advice from an independent panel and the United Nations Commissioner for Refugees.    

In Vancouver, the country's third-largest destination for refugee claimants behind Toronto and Montreal, the proposed changes were met with mixed reaction. Immigration lawyer Zool. Suleman agreed the current system should be streamlined, but denounced the safe country idea as unfair and potentially "disastrous" to those who fall into the category. "What is a safe country today unfortunately can still be refugee-producing down the road," he said. He also worried the new process will move too quickly for those who arrive in the country traumatized and without adequate paperwork to support their claims. Adding to that problem is the difficulty of appointing lawyers and gathering documents within the tight 60-day time frame. "It may not be practical," Suleman said.   Immigration policy analyst Richard Kurland welcomed the changes overall, calling them "efficient," but said the new system will only work if lawyers are considered an integral part of the hearing process and "compensates them accordingly."   Chris Friesen of the Immigrant Services Society of B.C. accused Kenney of contributing to an inaccurate portrait of those who come into Canada to make their claims as "illegal cue jumpers." "Each refugee and asylum seeker has to be seen on the basis of their own individual merits and why they fled," he said. Last year, 33,970 newcomers to Canada sought to remain in the country as refugees. Of those, 3,563 made their claims in the western region, which includes British Columbia and the Prairie provinces. The acceptance rate in the West in 2009 was 32 per cent -- 10 per cent below the national figures. The top source countries for refugee claimants to B.C. for 2009 include Mexico, Sri Lanka, Honduras, Hungary, Colombia, China, Iran, Somalia, El Salvador and Guatemala. That list is expected to change in 2010 after the federal government imposed visa restrictions for Mexicans travelling to Canada. Last year, only nine per cent of Mexican claimants were approved to stay in the country. Meanwhile Sri Lankans had the highest acceptance rate of 91 per cent. The $540-million funding for the reforms -- which will be spread over five years -- won't be tapped until the legislation becomes law, which is not expected to happen until next year at the earliest. Kenney said the savings will be substantial under the new process. It now costs about $50,000 in heath and social service costs for each failed refugee claimant, a sum that should fall to about $29,000 under the new and speedier system, Kenney said. Other elements of the package: - Rejected claimants would have severely restricted access to the options of winning a reprieve on compassionate and humanitarian grounds, or on grounds they would be subjected to severe persecution and possibly death upon return to their native country. - A four-year pilot project to encourage voluntary departure by rejected claimants that, among other things, would provide each participant with a plane ticket back to their country of origin, and provide $2,000 to a service provider in that country to facilitate the failed claimant's reintegration into that society. - A public servant will help a refugee claimant gather all relevant information for an initial hearing before the refugee board within eight days of the claim being made. The current system gives a claimant 28 days to fill out a long form. 

© Copyright (c) The Vancouver Sun

 

 

http://www.thestar.com/news/canada/article/786838--skilled-immigrant-visa-backlog-piling-up-again  

Skilled immigrant visa backlog piling up - again

Too many applicants in 38 job categories lead to wait of more than 7 years for processing

Nicholas Keung Immigration Reporter   

Despite controversial measures introduced two years ago to speed up Canada's immigration process, a backlog of skilled immigrant applications appears to be re-emerging, critics say. According to an analysis of Citizenship and Immigration Canada's latest data, the average processing time from all visa posts is 7 1/2 years, with 600,000 people in the queue for the 80,055 skilled immigrant visas granted in 2010. The problem, immigration critics say, is twofold: longer waits as the government slowly sifts through the old backlog of applications that still runs in the hundreds of thousands, and a glut of applications to the 38 specific job categories introduced in 2008. 

"We have a growing inventory because we have an oversupply of eager candidates," said Richard Kurland, a Vancouver-based immigrant lawyer and policy analyst who obtained the data. "The processing time is going to balloon. This is an early warning of a backlog returning." To reduce the volume of applications, Kurland said Ottawa needs to trim the occupation list and install a warning system that alerts officials to remove a job category when it generates too many applications. "It may be unpopular politically, but the immigration minister needs to fix this," Kurland said.   

The new legislation was brought in to reduce the backlog and more quickly bring in immigrants whose skills are in demand, although opposition parties at the time warned it wouldn't solve the backlog. Immigration spokesperson Kelli Fraser acknowledged this week that between March 2008 and now, the department has received 327,843 skilled immigrant applications for the 38 occupations, everything from geologists and specialist physicians to chefs and plumbers. But she said 80 per cent of decisions have been made within seven months or less. Visa offices facing high workloads include Damascus in Syria, Guatemala, Port of Spain in Trinidad and Tobago, and Kingston, Jamaica.   The old backlog has been reduced by 40 per cent from 640,000 to roughly 400,000 applicants, she said. Under the old rules, a skilled immigrant application took four to five years to process; "given the size of the backlog, it cannot be reduced overnight," said Fraser. At a recent immigration conference in Toronto, Immigration Canada's international director general Renald Gilbert said there are numerous challenges, resources being a key one. "More applications mean a longer backlog," he said, adding over the last four years the federal government more than doubled resources to process temporary foreign worker permits, but increased resources at visa posts abroad by only 7 per cent. 

Part of the problem is the mismatch between the number of applications and government targets allotted to individual visa posts, said Phil Mooney, president of the Canadian Association of Professional Immigration Consultants. For example, the number of skilled immigrants waiting for visas in Islamabad, Pakistan, is 40,587 but the total number of visas to be granted there in 2010 is only 1,350, according to Kurland's analysis. The loose description of some qualifying jobs, such as "financial manager" and "college instructor" also contributes to an influx of applications, said Mooney. And, he worries about the aggressive marketing in some countries by immigration firms, legal and otherwise, that push people to apply even though they only vaguely meet the criteria. "The sales pitch is very persuasive. The same thing happening now is what was happening before. People can come without a job. When the job market saturates, these people quickly end up at the food bank."The immigration department just announced this month plans to review labour market needs to update the occupation list.



http://www.torontosun.com/news/canada/2010/03/11/13198071.html      

TORONTO SUN

Child bride' loophole can't be closed  

By TOM GODFREY, QMI AGENCY   March 11, 2010 

Federal immigration officials say there's little they can do to stop "child brides" from being sponsored into Canada by much older husbands who wed them in arranged marriages abroad. Top immigration officials in Canada and Pakistan say all they can do is reject the sponsorships of husbands trying to bring their child-brides to Canada. The men have to reapply when the bride turns 16. The marriages are permitted under Sharia Law. Muslim men, who are Canadian citizens or permanent residents, return to their homeland to wed a "child bride" in an arranged marriage in which a dowry is given to the girl's parents. Officials said some of the brides can be 14 years old or younger and many are forced to marry. The practice occurs in a host of countries including Afghanistan, Iran, Pakistan and Lebanon. 

In classified documents, Canadian visa officer Steve Bulmer said he refused to allow one Pakistani man to sponsor his 15-year-old bride in August 2009. "I can find no section (of law) that states the marriage is 'invalid' or 'void,'" Bulmer wrote in e-mails obtained by lawyer Richard Kurland under Access of Information. "I am afraid the age does not invalidate the marriage even if it is illegal to marry." Abdul Hameed, of the Canadian embassy in Islamabad, said child marriages are not valid in Canada. "A child marriage is punishable but it does not render the marriage invalid," Hameed said. "We are refusing such application on grounds the marriage will not be valid as per Canadian laws." William Hawke, of immigration's Permanent Resident Unit, said the young brides won't be allowed in Canada. "Sponsorship applications submitted for a spouse under 16 will be refused," Hawke said. "Once an underage spouse turns 16 they are a member of the family class" and can be sponsored. He said the application is rejected if a spouse turns 16 during processing. 

Kurland said there's little that can be done to stop Canadians from marrying child brides. "A 15-year-old bride doesn't void a marriage," Kurland said on Thursday. "The application is turned down and the person can reapply when his bride turns 16." He said the practice has been going on for years and "is a concrete loophole that can't be fixed." 

Immigration officials quoting an Afghanistan Law of Marriages said in some countries it is "customary for young females to wed men considerably older, especially if the man is in a position of financial or social power." According to the law, it is not uncommon for marriages between first cousins or extended family members.

 

 

http://www.asianpacificpost.com/news/topnews/article/600000skilledworkerslinecanadianvisas

600,000 skilled workers in line for Canadian visas   

By Mata Press Service 

Close to 600,000 skilled workers around the world are waiting in line to get into Canada with some processing missions showing visa queues that could stretch up to 15 years, a top immigration expert said.
Using data obtained via Access to Information requests,  Richard Kurland, a lawyer and one of Canada's top immigration analysts said that the numbers are an early warning sign for Immigration Canada to act and reduce the waiting times.

There are 594,274 people in inventory waiting for 80,055 skilled workers visas in 2010, Kurland estimated.
"Parliament does not want long processing queues for skilled workers, and gave the Minister of
Citizenship and Immigration harsh policy tools ("C-50") to be deployed in this kind of situation,' said Kurland in his latest Lexbase information bulletin.

"The Minister needs to consider downsizing the number of eligible occupations from the current 38, to a much smaller number."
The global average waiting times for all categories at all missions is 2.64 years.
"But then we examined the skilled workers. A very different picture emerges. Global average for all missions is 7.62 years ," Kurland noted.
Kurland said downsizing the total number of eligible occupations does not mean Canada loses out on potential immigrants.

"The people who are no longer eligible federally, may apply under Provincial Nominee Programs, or can choose to seek temporary status in Canada under the Foreign Worker Program and subsequently apply under the Canada Experience Class... Canada's door remains open," said Kurland.

"It may be unpopular politically, but the Minister needs to fix this."

Current projections and estimates show processing times for skilled workers of 12.79 years (New Delhi 117,098 people); 7.69 years (Hong Kong 30,763 people); 57.80 years (Nairobi 8,960 people); 33.51
years (Accra 18,688 people), or 30.06 years (Islamabad).

"Experience shows that unless a Minister is able to say 'no', processing inventories will bloat, and processing times will continue to lengthen beyond reasonable limits," warned Kurland.

Kurland's warning comes as Statistics Canada reported that Vancouver's visible minority population is on track to become the majority over the next two decades. The report shows visible minority groups are growing rapidly and will account for 59 per cent of the metro region's total population by 2031, up from a current figure of about 40 per cent. 
Immigration - led by China and South Asia - is a leading factor in the changing demographic picture. 
Of the estimated two million visible minorities living in the region in 20 years' time, one in three will be Canadian-born, the report states.

Nationally, Vancouver's diversity projections are second only to Toronto, which could be home to 63 per cent of visible minority residents by 2031. The Abbotsford-Mission region ranks third with an estimated population of 39 per cent over the same time period, followed by Calgary (38 per cent), Ottawa (36 per cent), Windsor, (33 per cent) and Montreal (31 per cent). 
Meanwhile, Immigration and Multiculturalism Minister Jason Kenney said he is streamlining the process for assessing the language skills of applicants to the Federal Skilled Worker and Canadian Experience classes.
"The language requirements themselves have not changed," said Minister Kenney. 
"But beginning April 10, 2010, prospective immigrants will be required to prove their English and French language abilities at the time they apply. This requirement supports our commitment to fast, fair and efficient application processing."
Previously, to prove language ability in French or English, applicants could either submit an independent, third-party test or a written submission to a visa officer. 
An immigrant's English or French language ability is one of the strongest predictors of their success in the job market. 
Kenney also announced a new internet resource for newcomers to help them quickly and easily find a range of government services, in addition to settlement services, in their communities
This resource is easy to find at www.servicesfornewcomers.cic.gc.ca.

 

 

http://kitekinto.hu/amerika/2010/03/05/elarasztottak_kanadat_a_magyar_menekultek&mode=print

Magyar invázió 

Kanadában Listavezetők vagyunk a menekültek számát tekintve Anton Bendarzsevszkij 2010. március 5., péntek A 2010-es vancouveri olimpián 7 ember kért politikai menedéket - ezekből is négyen magyarok, írta a Calgary Herald hírlap. 

Az adatokat Richard Kurland menekültügyi ügyvéd szivárogtatta ki egy keddi televíziós vita során, ám részleteket nem árult el személyiségi jogok miatt. 

Azt lehet tudni, hogy a hét politikai menedéket kérőből egy fő japán állampolgárságú, egy fő orosz és négyen magyar romák. A kanadaiakat a kommentárok és a visszajelzések szerint eléggé felidegesítette a négy magyar roma esete. Jelenleg, amíg elbírálják a kérelmüket, gyakorlatilag ugyanolyan státuszban vannak, mint maguk a kanadaiak. Így dolgozhatnak Kanadában, ingyenes orvosi ellátást kapnak, sőt, még ingyen tanulhatnak is. Ha pedig az elbírálás negatív eredménnyel záródik, akkor a kanadai hatóságok fogják állni a repülőjegyüket is Magyarországra, természetesen a kanadai adófizetők pénzén.   

Richard Kurland szerint Magyarországról havonta 200 emigráns érkezik. Beadják a kérvényt, „aztán 97%-uk el sem jön a meghallgatásra. Eltűnnek az országban." - mondta az ügyvéd. Ezt bizonyítja a hivatalos statisztika is, miszerint a tavalyi évben 3 fő kapott politikai menedékjogot Magyarországról, 5 ember kérvényét pedig visszautasították. Ám több mint 250 igényre egyszerűen nem reagáltak a kérvényezők. A kanadaiak szerint a probléma abban van, hogy az ország törvényei a menekültekkel kapcsolatban túlságosan nagyvonalúak, és ezt kihasználják olyan emberek, akik valójában nem tekinthetőek politikai menekülteknek, és csak az igazi menekültek lehetőségeit veszik el. Ilyen megalapozatlan menekülteknek tekinthetőek a kanadaiak szerint a magyarok is, akik az utóbbi években valósággal elárasztották az országot. Kanadában a "The Vancouver Sun" napilap szerint a menekültek számában Magyarország jelenleg az első helyen áll, és ez azt eredményezte, hogy a kanadai kormány 2009. októberében a magyar kormányhoz fordult, hogy tegyen valamit az ügyben, különben korlátozásokat alkalmazhatnak a magyar lakosság beutazásával szemben. Erre volt már példa Kanada részéről Mexikó és Csehország esetében tavaly. 2009. április-júniusában annyi menekült érkezett Mexikóból és Csehországból, hogy Ottawa jelentősen megszigorította ennek a két országnak a vízum-követelményeit. Akkor Magyarország a harmadik helyen állt a menekültek számát tekintve Mexikó és Csehország után. A szigorú intézkedések foganatosítása után a két említett ország menekültjeinek a száma megcsappant, és Magyarország listavezető lett. 2007-ben csupán 24 bevándorlási igény érkezett Magyarországról, ám ez a szám drasztikusan növekedni kezdett 2008-tól kezdve. Ez annak köszönhető, hogy 2008 nyarától nem kellett többé látogatói vízumot igényelnie Magyarország, Lengyelország, Litvánia és Szlovákia polgárainak Kanadába. Ezt a jogot korábban 2006-ban kapta meg Észtország, és 2007-ben Csehország és Lettország. A bevándorlási minisztérium szóvivője, Alykhan Velshi azt mondta 2009 októberében, hogy egyelőre nincs tervbe véve a magyarokkal szembeni vízum követelmények szigorítása, ám a magyar kormánynak sürgősen tennie kell valamit a menekültek számának a csökkentése érdekében.  ©  Kitek Média Kft. 2007-2009

 

http://www.theprovince.com/news/record/2639627/story.html

THE PROVINCE  MARCH 4, 2010     Richard Kurland is a Vancouver-based immigration policy analyst and lawyer. Incorrect information appeared in an article on Page A26 of Wednesday's Province.  © Copyright (c) The Province

 

 
http://www.lenta.ru/news/2010/03/03/asylum/  

риехавший на Олимпиаду россиянин попросил убежища Россиянин, приехавший в качестве зрителя на Олимпиаду в Ванкувер, попросил убежища в Канаде, пишет выходящая в Монреале The Gazette. Всего с прошением о присвоении статуса беженца к властям Канады обратились семеро иностранцев, прибывших на Олимпийские игры. Известно, что кроме россиянина среди подавших прошение оказались японец и четверо венгров цыганского происхождения. Об этом газете сообщил юрист Ричард Керланд (Richard Kurland), занимающийся иммиграционными делами в Ванкувере. Законодательством Канады предусмотрено ограничение доступа к информации о личных данных просителей убежища, включая данные о стране их происхождения. Однако Керланд сослался на то, что гражданство просителей озвучил федеральный министр иммиграции Джейсон Кенни (Jason Kenney), с которым юрист 2 марта провел теледебаты. Керланд рассказал, что пока прошения претендентов будут рассматриваться, они смогут работать в Канаде, а также получать пособие и бесплатную медицинскую помощь. Подобная процедура занимает до двух лет, добавил юрист. В случае, если прошения будут отклонены, просители смогут вернуться домой за счет канадского бюджета. По данным Верховного комиссара ООН по делам беженцев, на январь 2009 года более 103 тысяч граждан России были признаны беженцами в других странах, еще более 15,7 тысячи россиян ожидали принятия решения по их прошениям об убежище.

 

 
Richard Kurland Photograph by: Steve Bosch, PNG file, The Province 

Lawyer sounds alarm as 7 Olympics fans seek asylum 

BY JOHN BERMINGHAM, THE PROVINCE MARCH 3, 2010 

03/03/10 2:06 PM http://www.theprovince.com/story_print.html?id=2635635&sponsor= Page 1 of 2 

http://www.canada.com/news/Seven+Olympic+spectators+seek+Canadian+asylum/2634084/story.html

Richard Kurland Photograph by: Steve Bosch, PNG file, The Province   

Immigration officials say seven Olympic spectators have applied for refugee asylum in Canada. One is from Japan, one from Russia and four are Hungarian Roma, according to Vancouver-based immigration lawyer Richard Kurland. 

Kurland said federal Immigration Minister Jason Kenney revealed the countries of origin during a TV debate between the pair Tuesday. The information is normally protected by privacy rules. Kurland said the claimants can work in Canada, get free medical and welfare and send their children to school while they wait to process their claims, which can take up to two years. If they lose their claims, airline tickets home are paid by taxpayers. 

The Roma claims made Kurland particularly angry. "If ever there was a case to be made for the abuse of Canada's generous refugee system, this is it," Kurland said. "They give genuine refugees a bad name." Last year, the Immigration and Refugee Board accepted three refugee claims from Hungary. Five were rejected. More than 250 claims were abandoned or withdrawn. 

"Ninety-seven per cent of them don't show up at the hearings," said Kurland. "That's it, they're gone." 

He said refugee claimants from Hungary are currently coming into Canada at the rate of 200 a month. Citizenship and Immigration Canada spokeswoman Johanne Nadeau said six of the refugee claimants are from visa-exempt countries, while one is from a country requiring a visa to enter Canada. 

"Naturally, these people arrive on their own, and some of them have more means than others," said Nadeau. Nadeau also noted that more refugee claimants could surface in coming weeks. So far, no Olympic athletes or officials have filed claims. Last year, Ottawa imposed a visa requirement on the Czech Republic after a flood of asylum-seekers from the Roma minority there. The head of a Vancouver-based immigration support group said he's not surprised Olympic spectators are making a claim. But it won't be easy for them, he predicted. "It is a huge undertaking," said Eyob Naizghi, executive director of Mosaic. "Eighteen months in limbo is a hell of a time." The onus is on the refugee to prove they have a genuine claim, he said. Not only do they not know if they'll be making a new life in Canada, they don't know the consequences if they return to their country of origin, he said. "It's a tough journey for whoever makes that gutsy decision to actually say I am going to make a refugee claim in Canada," Naizghi said. 

jbermingham@theprovince.com © Copyright (c) The Province

 

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20100302/olympic_refugees_100302/20100302?hub=Canada

Refugee claims from Olympics 'ridiculous': minister   

CTV.ca News Staff   Tue. Mar. 2 2010

Seven people who came to Canada to watch the Vancouver Winter Olympics are now seeking refugee status, CTV News has learned, including claimants from Hungary, Russia and Japan. Immigration Minister Jason Kenney said it was "ridiculous" that anyone from Japan could claim to be a refugee and told CTV's Power Play Tuesday that it was a sign that the system has broken down. "Look, to get two claims from Japan? This is ridiculous. Japan is a liberal democratic country with full human rights protections," he said. "You have to wonder what kind of a system we have that encourages people from a democracy like that to be saying that they're victims of persecution and coming to Canada." Kenney could not comment on specific cases, but said four of the claimants are from Hungary, two are from Japan and one is from Russia. The minister said Hungary is becoming a problem for the immigration and refugee system. "It's become our No. 1 source country for refugee claims: we're getting several hundred a month," he said. "What's really weird is that 97 per cent of the Hungarian refugee claimants to Canada are subsequently withdrawing their refugee claims ... I haven't got an answer to why that is happening." But Kenney suggested that it could be because refugee claimants are allowed to work in Canada, collect welfare and claim other social benefits even after they abandon their refugee claims. "So I think people may be getting into Canada, making a claim, getting benefits or a work permit, and then for whatever reason they decide I guess that they don't have a legitimate claim and that's why they withdraw it or don't pursue it." He said he found it difficult to believe that genuine refugees could come from Hungary, even from the country's Roma minority. "Hungary is a member of the European Union, it's a democratic country in full compliance with human rights laws. While there are challenges for people there, there's no evidence of state persecution." 

Richard Kurland, a lawyer specializing in immigration matters, said allowing failed or abandoned refugee claimants to continue collecting welfare or other benefits is "simply bizarre." "It looks like someone propped the door open with a brick. These numbers clearly show that there's an element of abuse of Canada's generosity," he said. "Something else is going on other than a genuine refugee claim." He said the vast majority of the Hungarian refugee claimants are from the Roma community and are primarily interested in coming to Canada for free health care, education and other social services. If they were really facing persecution, Kurland said they could much more easily travel to another European Union country. Visitors from Hungary do not require a visa to enter Canada and Kenney said the government would prefer to keep it that way. But he said changes to the refugee determination system are on their way. "Part of the lesson here is that we need to fix our refugee system," he said. "I think it's a pretty obvious signal to people when they can come to Canada, make a claim, get welfare benefits, get a work permit and stay here sometimes for years ... It's a backdoor to immigration, which is unfair to all the other legal immigrants waiting to come to Canada." "This is a very serious problem and we need to address it." 

It's not unusual for people attending international sporting events in Canada to make refugee claims. A man believed to be a Romanian coach claimed refugee status during the 1988 Calgary Games, and Olympian wrestler Daniel Igali claimed asylum here after competing at the 1994 Commonwealth Games in Victoria, B.C.

 

http://www.torontosun.com/news/torontoandgta/2010/03/01/13074271.html

Olympics spawn refugee claims 

By TOM GODFREY, TORONTO SUN     

While the Winter Olympics have ended in Canada, the stay of seven foreign spectators continues after they filed refugee claims. Federal immigration officials said the seven, whom they can't identify because of privacy laws, stayed behind after the Games ended on Sunday. More than 5,500 athletes and officials were accredited to the Vancouver Games and officials expect more of them to surface as claimants during the coming weeks. Johanne Nadeau, of citizenship and immigration in B.C., said she couldn't reveal what countries the spectators are from, or their identities. "There are no special programs for these people who arrive here and make claims," Nadeau said on Monday. "Their claims will be referred to the Immigration and Refugee Board." 

Immigration lawyer and policy analysist Richard Kurland said he expects more refugee claims - even from athletes - to surface this week as teams fly home. "Typically, the claimants surface after a few days," Kurland said. "This is part of the other 'closing ceremonies' that occur after the Games." He said it'll take about a year or longer for the cases to be determined by the board. "During that time they can work and receive health care," Kurland said. "They will also receive a free trip home if they are deported afterwards." 

Officials said some of the claimants entered Canada from the U.S. by posing as spectators or family members of those participating in the Games. Thousands of the athletes were attending the Games from countries that required a visa to get here like Turkey, Iran, Lebanon, China, India and Uzbekistan. Refugee claimants are not rare for international sporting tournaments. A Romanian coach claimed refugee status during the 1988 Calgary Games and Nigerian-born wrestler Daniel Igali claimed asylum in Canada after competing at the 1994 Commonwealth Games in Victoria. He received citizenship and won a gold medal for Canada in the 2000 Sydney Olympics.

 

http://www.timescolonist.com/sports/2010wintergames/Four+seeking+asylum+make+refugee+claims/2600870/story.html

http://www.timescolonist.com/story_print.html?id=2600870&sponsor=   

 

Four seeking asylum, make refugee claims   BY DARAH HANSEN, CANWEST NEWS SERVICE    FEBRUARY 23, 2010   

Four people who entered Canada as Olympic spectators have sought to stay in the country as refugees, Canadian immigration officials said yesterday. Just who the asylum seekers are and where they came from has not yet been made public. But Johanne Nadeau, spokeswoman for Citizenship and Immigration Canada, said the four arrived from countries whose citizens do not require a visitor's visa to enter Canada. Nadeau also confirmed the claimants are not among the 27,000 foreign nationals -- including athletes, team officials, Olympic officials, workers and members of the media -- who are in Vancouver under a special streamlined accreditation process designed to support the Olympic and Paralympic Games. Rather, "they indicated that they originally came to Canada to see the Games and then made a refugee claim," Nadeau said in an e-mail to the Vancouver Sun. Nadeau said she couldn't discuss the origin of the claimants because of privacy laws. However, Richard Kurland, a Vancouver-based immigration policy analyst, suggested the asylum seekers may have come from Hungary or Slovenia, which are among the top source countries for refugees to Canada recently, in large part due to large populations of Roma people. The Roma -- many of whom have claimed ethnic persecution in their home countries -- can be found throughout Europe, but travel to Canada is restricted for most by a visa requirement. Canada has historically seen an influx in refugee numbers during major international sporting events. During the Calgary Games in 1988, one person, rumoured to be a Romanian coach, sought asylum. Six years later, 13 people applied for refugee status during the Victoria Commonwealth Games. Among them was Daniel Igali, the Nigerian-born wrestler who went on to win gold for Canada during the 2000 Olympics in Sydney. Now a resident of Surrey, Igali was among the celebrated torchbearers for the 2010 Games. In 1999, six Cubans made asylum claims, including a journalist, during the Pan American Games in Winnipeg. Nadeau said the four recent claimants will have their cases processed individually. "Each case will be assessed according to its own merits," she said. On average, refugee claims in Canada take 18 months to process.

© Copyright (c) The Victoria Times Colonist           

 

http://www.winnipegfreepress.com/canada/breakingnews/four-olympic-spectators-seeking-refugee-status-in-canada-84862592.html   

 WINNIPEG FREE PRESS   FEB 21, 2010 

 Four Olympic spectators seeking refugee status in Canada By: Tamsyn Burgmann, 

THE CANADIAN PRESS       VANCOUVER, B.C. - Border officials say four people who entered Canada as Olympic Games spectators are seeking to stay as refugees. Citizenship and Immigration Canada said that by Friday, only the handful of people had sought asylum. Owing to privacy law, officials could not release specific details about their identities or home countries. All four would have had to have either proof, such as Games tickets, or special entry documents, said a Vancouver immigration expert. Hundreds of thousands of foreigners are visiting Vancouver for the Games, including athletes, their families, Olympic officials and spectators, all of whom would have been questioned at Customs on their reasons for coming here. "The Olympic race includes refugees to Canada, because we're letting so many more people into the country so quickly," said Richard Kurland, an immigration policy analyst. Immigration spokeswoman Johanne Nadeau couldn't immediately explain how officials identified the four as Olympic spectators, but Kurland said along with those who pulled out tickets or proof of accommodation, the group could include spouses or others accompanying athletes and officials designated as "Olympic family members." There are several ways people could enter Canada for the Games, Kurland said. Members of the Olympic "family" were given accreditation through the Vancouver organizing committee, known as VANOC, after background checks by Immigration Canada. The organizing committee's workforce went through the same process. About 7,000 of those 27,000 members would have normally required a visa to get into the country, coming from countries like India, Pakistan, China, Turkey, Uzbekistan, North Korea, Iran and Lebanon. "Those who are accredited by VANOC will receive a unique Olympic/Paralympic Identity and Accreditation Card ... which will provide access to venues and sites," says a June 2009 Immigration Canada information bulletin. "In addition, for participants from visa-required countries, the (card) will serve as an entry document into Canada." Canada took the risk of getting more refugee claims by allowing thousands of people into Canada without a visa during the Games, Kurland said. "We don't know if the claimants got in because of this memo," he said. 

However, if someone arriving as a spectator didn't have that special accreditation and didn't need a visa, they would encounter the usual protocol: showing a valid passport, return ticket home and proof of reason for their stay, such as tickets to events or funds for a hotel stay. Refugee claimants are nothing new to international sporting events. At least one sporting official - believed to be a Romanian coach - claimed refugee status during the 1988 Calgary Games, and Canadian Olympian Daniel Igali claimed asylum here after competing at the 1994 Commonwealth Games in Victoria. He received citizenship and went on to win a gold medal wrestling for Canada in the 2000 Sydney Olympics. Kurland expects there could be more claims yet. "Given the past experience of previous Olympic Games, typically people will slide underground and not go home," he said. "They surface after the closing ceremonies in the refugee system." Nadeau said the four would-be refugees will be processed individually, with each case assessed on its owns merits.   

 

http://www.torontosun.com/news/torontoandgta/2010/02/09/12809831.html     About 7,000 athletes and team members who normally require a visa to travel here have been issued special immigration passes to get them across Canada's borders so they can participate in the Vancouver Winter Olympics. Police and other security officials said the 7,000 "visa-required" athletes who were issued unique immigration accreditation cards for the Games could have posed a security threat if they were not subjected to thorough background checks. The athletes are among 27,000 participants arriving this week in Vancouver for sporting spectacle which starts Friday and runs to Feb. 28. Some of the athletes who require visas but have received special accreditation for the Games are from India, Pakistan, China, Turkey, Uzbekistan, North Korea, Iran and Lebanon. "Those who are accredited ... will receive a unique Olympic/Paralympic identity accreditation card," according to an immigration department bulletin obtained by the Toronto Sun. "The (accreditation) also serves as an entry document into Canada." The bulletin said expedited clearance procedures will be in place at border crossings to quickly process athletes and delegates. The immigration cards are issued to Olympic and Paralympic athletes, Olympic committee members, Intertational Sports Federation members, media representatives and observers from other organizing committes. Immigration department spokesman Joanne Nadeau said the cards contain security features to curb possible fraud. 

Richard Kurland, a Quebec immigration lawyer, contended athletes and team members receiving the cards won't have to visa application fee, ranging from $75 to $150, or face tough checks that. "They (immigration dept.) are taking a bigger risk than normal," Kurland said on Tuesday. "If proper background checks aren't completed on atheletes, this can present a security risk."       

 

http://www.edmontonjournal.com/news/edmonton/Deportees+cost+system/2191647/story.html?id=2191647     

Deportees can cost system $500,000   

Nearly 160,000 await removal, lawyer finds   

BY ETHAN BARON, VANCOUVER PROVINCE; CANWEST NEWS SERVICE     NOVEMBER 6, 2009     

Almost 160,000 foreign nationals ordered deported remain in Canada, according to federal data obtained by a Vancouver immigration lawyer. It can cost up to$500,000 to send a foreign citizen home if a chartered plane and police and medical escorts are necessary, according to the Canadian Border Services Agency. The average cost of removing someone without an escort is $1,500, while escorted removals average $15,000, the CBSA reports. "This is the first time ever, to my knowledge, that we know the active-removal inventory in Canada," says lawyer Richard Kurland, who received the numbers from the agency after an access to information request. Warrants have been issued for the deportation of more than 41,000 people who have disappeared while enmeshed in the deportation process, according to the CBSA data. Of nearly 18,000 foreigners in the final stage of deportation from Canada, two to nine per cent are criminals, Kurland says. The remaining 100,000 are still in earlier stages, fighting the deportation orders.

"They're clinging to the delay vine," Kurland says. "As long as their grip is good, they can remain in Canada for years." 

Some of those 100,000 have received stays of deportation orders in court, or have requested an assessment of the risk they'd face if returned home. Others have applied for permanent residency or refugee status. The CBSA was not immediately available to comment. 

© Copyright (c) The Edmonton Journal

 

 

http://ca.news.yahoo.com/s/capress/100113/national/oly_refugee_claims

 

http://www.winnipegfreepress.com/canada/breakingnews/81345492.html

 

The Canadian Press - ONLINE EDITION

Refugee claims possible, but low-risk during Vancouver Olympics: experts

By: Tamsyn Burgmann, THE CANADIAN PRESS       13/01/2010 1:50 PM | Comments: 0

VANCOUVER, B.C. - Before Daniel Igali famously earned Canada wrestling glory by winning its first Olympic gold in the sport, he was a young Nigerian athlete grappling for a superior position in life. After competing at the 1994 Commonwealth Games in Victoria, B.C., the 20-year-old made a bold move. He skipped his team's flight back to his politically unstable homeland and asked Canada for asylum. Had it not been for an international sporting event, Igali might never have been handed a ticket to more prosperous soil. But once here, he gained the right to Canadian protection as a Convention Refugee.

When the world heads to Vancouver next month for the 2010 Winter Olympics, thousands of athletes, coaches, officials, sponsors, workers, journalists and their delegations will enter Canada under unique circumstances. Some might want to claim the Maple Leaf as their own. "Athletes, team members, people involved with the Games might not have otherwise gained a visa to enter Canada but for the Games," said Audrey Macklin, who teaches immigration and refugee law at the University of Toronto. Under the Olympic Charter, people designated as Olympic Family Members needn't show the usual visa to travel here. Instead, they'll be admitted under a special application process handled by the Vancouver Olympic Committee, which will submit those names to Citizenship and Immigration Canada. There is also a special process of entry for accredited workers. While some consider Canada's immigration policy to be liberal, government officials routinely deny access to people from nations known for persecution in order to avoid taking them in as refugee claimants, Macklin said. "In the case of the Olympics, of course, there is some pressure on Canada not to do that because the Olympic Games are supposed to be a symbol of international harmony and co-operation," she said.

While defections by athletes from the Eastern Bloc were common during the Cold War, refugee claims continue to be made even now during international events hosted by Canada. During the 1988 Calgary Winter Olympics, at least one person, rumoured in media reports from the time to be a Romanian coach, applied for status. Thirteen athletes, including Igali, asked to stay during the Victoria Commonwealth Games in 1994. Six Cubans raised the ire of their government when they made claims during the 1999 Pan Am Games in Winnipeg. During the Ottawa-Hull-hosted Francophone Games in the summer of 2001, at least 106 participants from 17 countries made bids for refugee status. And despite rigorous visa screening for World Youth Day in the summer of 2002 in Toronto, a handful of people made claims. Some 150 delegates to the International AIDS Conference in Toronto did so in 2006.

Despite these numbers, immigration experts and advocates aren't predicting a major surge in claims connected with the Vancouver Games. In fact, they say in contrast to Summer Olympics, the risks are fairly low. "People who practice winter sports are usually from the northern hemisphere (nations), they're very low for potential refugee claimants," said Patrice Brunet, a Montreal-based specialist in immigration law. But Brunet didn't rule out the notion that some claims would be made.

Richard Kurland, a Vancouver immigration-policy analyst, doesn't discount the likelihood that some visitors may try to overstay. Part of the problem, he said, is that Canada has no way of tracking who leaves.

Australia found itself hunting upwards of 108 people who overstayed their visas after the 2000 Summer Olympics in Sydney. Illegals heralded from 61 countries, including 79 members of the Olympic Family and 29 coaches, officials and reporters, according to Australia's The Daily Telegraph. Some 30 people eventually filed refugee claims. Three months after the Games, 11 Olympic and Paralympic team members from the United States were still unaccounted for, along with eight people from the U.K., seven from Spain and six from Germany.

"We have the same problem because Canada has no official exit controls," said Kurland.

Macklin said the government must be prepared for a potentially complex situation should claims be made. Officials must be ready to protect high-profile individuals from exposure, she said. It's usually under quite different circumstances when someone makes their way to Canada from China, for example, and makes a claim. "It's not as if there are Chinese government officials standing there ready to drag them back. But here, there will be," she said. "So you have to make sure that you don't just deliver them back into the hands of Chinese officials." About 33,000 people make refugee claims in Canada's Western region each year.

While there's no expectation claims will dramatically spike this time around, Kurland said, it only takes one person asking for a new home - like Igali - to become the next world-famous Canadian.

"No one is overly excited about refugee claims during this Olympics, which may set the stage, frankly, if there's a surprise."

 

http://news.xinmin.cn/rollnews/2010/01/13/3337865.html

 加拿大移民部拟打击非法移民顾问 或进行突检

 

 

2010-01-13 14:12 来源中国新闻网  0 条评论 关键字移民部,非法移民,移民官

 

据加拿大《明报》报道移民律师李克伦(Richard Kurland)取得加拿大移民部内部文件指出移民部在斯高沙省(Nova Scotia)悉尼(Sydney)的申请个案处理中心已开始建立调查未在申请表上签名的移民代办的档案。

 中新网1月13日电 据加拿大《明报》报道,移民律师李克伦(Richard Kurland)取得加拿大移民部内部文件指出,移民部在斯高沙省(Nova Scotia)悉尼(Sydney)的申请个案处理中心,已开始建立调查未在申请表上签名的“移民代办”的档案。移民部甚至考虑,是否派驻在海外的移民官,到这些“隐形”的“移民代办人”所留的住址进行突击

李克伦提醒在中国的申请人,如果所委托的移民代办,不肯在申请表格上签名,这应该就是所谓的“黑市顾问”(Ghost Consultants),他们没有合法资格可以帮助申请人,如果申请人还是愿意委托他们,可能与其它申请填上同一地址,一旦被移民部发现是同一名非法顾问所代办,均将被重新检视申请,特别留意内容是否有做假。

移民律师王仁铎则对北京委托合法代办人比例不足一半,并不觉得奇怪。他亦相信在没有合法申请代办人的申请中,由“黑市顾问”代办的比例应该很高。

他说,移民部在法令上,并未规定申请人一定要请人代办,而在加拿大境内建立移民顾问执照制度后,令更多在海外,不可能取得执照的代办人,全部成了非法,不能在申请表格上填写姓名。而且当中还包括一些非法移民顾问,拿了钱却不办事。

王仁铎又称,移民部即使想打击非法移民顾问,而修改移民法,让非法移民顾问将面临刑事处罚,但他指若这些非法顾问都在海外,移民部又该如何打击,他觉得最后修法也未必可发挥效果。

(本文来源:中国新闻网)


Thursday, January 7, 2010   NATIONAL POST

Federal government tries to keep Tamil Tigers locked up
By Darah Hansen, Vancouver SunJanuary 6, 2010


 

 

The freighter Ocean Lady, at dock in Victoria, B.C. The ship, discovered off the B.C. coast in October, carried 76 Sri Lankan refugees, 25 of whom allegedly have ties to the Tamil Tigers and remain in custody.

 

Photograph by: Adrian Lam, Victoria Times Colonist

VANCOUVER
— In an apparent bid to buy more time in a difficult immigration case, the Canadian government has taken the unusual step of invoking a controversial section of federal law to keep 25 Sri Lankan migrants with alleged ties to the Tamil Tigers behind bars. In the coming weeks, closed-door hearings before the Immigration and Refugee Board in Vancouver are expected to begin, with Ottawa expected to argue the men represent a national security threat. The secret hearings, permissible under Section 86 of the Immigration and Refugee Protection Act, are open only to government counsel, the IRB member hearing the case and a special advocate, appointed by the government to represent the interests of the detainees. At the conclusion of the hearing, the migrants are entitled to only a general report of the allegations against them. The move by Ottawa came after the IRB ordered the release of 35 men, all ethnic Tamils, who arrived in a boat off the coast of Vancouver Island in October. Of the 76 men on board, many came with passports, but others were unable to prove who they are. The men have all sought refugee status in Canada, claiming their lives are at risk in their war-torn homeland.

But the federal government maintains that several of the men may have ties to the Liberation Tigers of Tamil Eelam, an organization the Canadian government considers a terrorist group. Vancouver lawyer Douglas Cannon, who has represented several of the migrants to date, said one of his clients has been named in the government application. That man — whose identity is banned from publication — was among the first of the migrants to be ordered released by the IRB on Dec. 16 after Cannon says the government was unable to produce credible evidence to back security concerns. The government later applied for that order to be stayed, with the case scheduled to be heard in Federal Court Thursday Vancouver this morning. Cannon said the government was “grasping at straws.” “From what I’ve seen so far, not only do they (the government) have any information that my client has done anything wrong, they have nothing at all. They have nothing more than pure speculation and that is why my client was ordered released (in the first place),” he said. Applications made under Section 86 rarely have been used to date.

According to Richard Kurland, a lawyer who specializes in immigration issues, that’s because it is perceived by many to be “unCanadian.”

“Usually it will be done when they (the government) cannot achieve their ends by any other way,” he said. Kurland suggested the application may be a “delay tactic” as the government waits for its intelligence partners to report back on their findings and concerns regarding the 25 individuals.

As of Jan. 5, the IRB has ordered the release of 35 men. The most recent orders were made with the government’s consent on terms and conditions. Cash bonds have varied from $2,000 to $10,000 with the bondsperson required to file an affidavit establishing his/her relationship to the detainee. Most of the men have since moved to Toronto.

Vancouver Sun

dahansen@vancouversun.com © Copyright (c) Canwest News Service


http://www.corusradio.com/Shared/AudioVault/CKNWAMaudioVault.asp?VaultDate=20100106&VaultTime=09&mysubmit=Listen

CKNW RADIO

THE BILL GOOD SHOW   -   BRITISH COLUMBIA

guest  -  1 hour, Richard Kurland (panelist discussion regarding US/Canadian Security issues in international migration, including profiling and airport security)

 

 

http://www.theglobeandmail.com/news/national/tough-us-security-rules-may-target-foreign-born-canadians/article1418893/

 

Globe and Mail    

Tuesday, January 5, 2009

Tough U.S. security rules may target foreign-born Canadians

By Siri Agrell

Tens of thousands of Canadians could face heavy scrutiny at border, 

based on where they were born

Tens of thousands of Canadians born in the 14 countries on a new anti-terror watch list could now be subjected to full-body scans and invasive security pat-downs when they travel to the United States. The U.S. government announced new security measures on Sunday requiring increased screening of individuals travelling into the country from Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria, and Yemen - countries deemed to be "state sponsors of terrorism." But the new rule will also apply to anyone travelling to U.S. destinations on a passport from those countries, meaning that Canadians with dual citizenship or landed  immigrant status could be singled out for scrutiny no matter how long they have lived in their adopted homeland. The directive has caused confusion in international airports, as countries decide how to implement such a sweeping change to security protocol, and prompted accusations of racial profiling. Under the U.S. directive, passengers from watch-list countries must be screened before boarding planes bound for American cities.

Maryse Durette, a spokesperson for Transport Canada, said the Canadian government is currently evaluating its response to the U.S. Transportation Security Administration's new security demands. "The United States is asking countries with U.S.-bound passengers to have special screening for passengers of those 14 countries," Ms. Durette said. "Aviation security here is looking into how to implement this in Canada." Ms. Durette said she did not know how the new requirements would affect Canadian residents. But critics have suggested that foreign-born Canadians from watch-list countries will be unfairly targeted.

"If you have the 'wrong place of birth,' according to Americans, be prepared for secondary examinations, intrusive questioning and an overall heightened delay in travel to the States," said Richard Kurland, a Vancouver-based policy analyst and lawyer. "It's profiling at its worst." The security changes have created widespread confusion and unease amongst those who hail from the countries in question. But so far, there have been few reports of the directive actually being implemented. In Europe, there was no visible change in screening methods, according to news reports. Associated Press reporters found no change at airports in Syria, Libya, or Lebanon - countries on the watch list.

If the screening is introduced in Canada, thousands of travellers could be affected. As of 2007, there were more than 30,000 Canadian landed immigrants from the 14 watch-listed nations, with 9,800 from Pakistan alone, according to a Statistics Canada report. And there are close to one million Canadian citizens who were born in those countries, according to Jim Karygiannis, a Toronto-area Liberal MP who deals regularly with immigration issues. On Monday, he was contacted by representatives of various immigrant communities worried about the new travel regulations. "They're not sure what the rules are," Mr. Karygiannis said. "There is a lot of concern and there's no clear guidelines that are coming out." Nigerian-born Franklin Omoruna, who lives in Toronto, said many of his friends hold dual Canadian and Nigerian citizenship, and are unclear how this will affect their experiences at the border. "It's the fear of the unknown," he said. "You don't have the details and sometimes you might go unprepared because you don't know everything."

Shahid Hashmi of the Canadian Pakistani Chamber of Commerce said his daughter flew to Australia via Los Angeles over the Christmas break, and was subjected to questioning by U.S. airport officials because of a Pakistani visa on her passport from a family holiday. "It was difficult enough before," he said. "I've lived in Canada for more than 37 years, why should I have to go through a difficult time at the border? And why should my kids?" Mr. Hashmi said he is not defending terrorism, or questioning the means used to combat it, but said that Canadians should be protected from undue scrutiny. "I'm defending what it means to be a Canadian citizen," he said. The security measures have also prompted outrage from the American Civil Liberties Union. The group released a statement on Monday urging the U.S. government to focus on "evidence-based, targeted and narrowly tailored investigations based on individualized suspicion, which would be both more consistent with our values and more effective than diverting resources to a system of mass suspicion. "Overbroad policies such as racial profiling and invasive body scanning for all travellers not only violate our rights and values, they also waste valuable resources and divert attention from real threats," said the ACLU's national security policy counsel, Michael German. Airports around the world have been on high alert since Christmas Day, when Nigerian-born Umar Farouk Abdulmutallab failed in his attempt to blow up Northwest Airlines Flight 253. He had passed through security screening in Nigeria and the Netherlands before boarding the Detroit-bound plane. The U.S. Transportation Security Administration has announced new security rules that include a directive for full-body pat-downs and carry-on luggage checks for people travelling from or through the following countries: Afghanistan 
Algeria 
Cuba 
Iran 
Iraq 
Lebanon 
Libya Nigeria 
Pakistan 
Saudi Arabia 
Somalia 
Sudan 
Syria 
Yemen

 

Other passengers will see additional screening measures. It is now up to an aircraft's captain whether to require passengers to put away electronic devices during the flight and to remain seated for the final hour before landing, a TSA source told The Associated Press. The TSA also said on Sunday that all passengers on U.S.-bound international flights will be subject to random screening and airports were directed to increase "threat-based" screening of passengers acting in a suspicious manner.

The Associated Press

 

http://www.straight.com/article-276707/vancouver/caregiver-changes-not-enough-prof-says

The Georgia Straight

Caregiver changes not enough, prof says 

By Carlito Pablo December 23, 2009

A UBC geography professor has said there’s no reason why present-day ethnic-minority caregivers should be treated differently from the mostly European women who came to Canada as domestic workers prior to the mid 1970s. Geraldine Pratt, an expert on the federal government’s Live-in Caregiver Program, explained that starting in the 1890s, Europeans who came as nannies were granted permanent-residency status immediately upon entering the country.According to Pratt, that privilege was taken away in 1973 when Canada implemented a predecessor to the LCP that mostly saw women from non-European countries being employed as caregivers. Pratt recounted the history of foreign domestic labour in Canada in response tochanges to the LCP proposed by the federal Conservative government on December 12. These include eliminating the requirement of a medical exam when caregivers apply to become permanent residents, and making nannies eligible to apply for permanent currently required. Employers will also be required to pay caregivers’ travel residency after 3,900 hours of work, as opposed to the two years of employment costs from their country of origin, workplace safety insurance, and other fees. However, the changes don’t include granting caregivers permanent-residency status upon arrival. “There’s lots of little things that may make a difference, but the structure of the program hasn’t been changed at all,” Pratt told the Straight by phone. “It’s still this temporary work-visa program 
that dates to 1973.”

But according to immigration lawyer Richard Kurland, giving permanent-residency status to caregivers when they land could be problematic, as the country’s experience with people who arrived as entrepreneurs or fiancés has demonstrated. “If you give people permanent-residency status conditional on some obligation—conditional on marrying, conditional on opening a business, conditional on fulfilling a two-year live-in contract—it will not work,” Kurland  told the Straight in a phone interview. That’s because people change their minds about their commitments, he explained. “The experience is proven in other categories,” Kurland said. “They change their mind, and  what are you going to do about it?”

The proposed changes to the LCP were published in the Canada Gazette on December 19. The changes will be finalized after  a 30-day comment period.

 

RADIO CANADA INTERNATIONAL

http://www.rcinet.ca/rci/en/emissions/archives/archivesDetails_1952_18122009.shtml

RCI: The Link

Carmel Kilkenny speaks with immigration lawyer Richard Kurland who obtained the report through an access to information request. 

 

 

http://www.nationalpost.com/story-printer.html?id=2352845

 

National Post-December 18, 2009

Canada faces possible illegal migrant surge: report

Peter O’Neil, Europe Correspondent,  Canwest News Service      Mike Blake/Reuters

A growing backlash against the millions of illegal migrants in Europe, and recession-related social tensions elsewhere in the world, could lead to a surge in undocumented 

migrants entering Canada to take advantage of generous social programs and a "sympathetic" refugee processing  system, according to an internal Canada Border Services 

Agency report. The report cites "increasing anti-immigrant sentiment" around the world and lists various "nationalist" and "protectionist" measures by countries like Australia, 

Japan, Malaysia, Spain and Italy to reduce immigration or drive out foreign workers competing for local jobs. The report emphasizes Europe's struggles with illegal migrants, 

but was written before recent controversial actions, such as France's forced closure of a refugee camp in Calais and Switzerland's referendum vote banning new construction 

of minarets -- towers on mosques from which Muslims are called to prayer. "The flow of African migrants to Europe is increasingly targeted by enforcement activity, and even 

those that successfully arrive are now unlikely to find the unlimited employment opportunities and freedom of movement that once were available," said the intelligence report 

that circulated among CBSA and Citizenship and Immigration Canada officials in September. "It is unlikely that these migrants are willing to return to their country of origin 

where conditions are markedly worse, recession or not. Alternative destinations, such as Canada, are likely considerations."


The report, obtained through the Access to Information Act by immigration lawyer Richard Kurland, said there was no indication 

of a current surge to  Canada -- yet.


"In light of a lengthy global recession, Canada's position in the global economy, its reputation for comprehensive social services and a sympathetic 

refugee claim process, will increasingly make Canada an attractive destination for displaced migrant workers and irregular migrants leaving behind 

social and political conflicts." One of Europe's most prominent immigration experts said the Canadian report is somewhat "alarmist," given that the

millions of migrants in Europe face powerful incentives to stay put -- existing networks of family and friends -- and huge barriers in trying to cross 

the Atlantic to get to Canada. But Danny Sriskandarajah said Canada needs to be aware of crackdowns around the world that can influence the 

"unstoppable" torrent of migrants desperately trying to leave the world's poorest regions. "I don't think Canadians should stay awake at night worrying 

about hordes of illegal immigrants," said Mr. Sriskandarajah, director of the Royal Commonwealth Society in London. "But on the other hand Canada 

quite sensibly needs to be aware of how other countries behave, because it may add to the pressures or interest in coming to Canada."

A spokesman for Immigration Minister Jason Kenney, who has said he intends to revamp Canada's refugee determination system, said the 

government believes Canada's borders are vulnerable. "We're always concerned about the problem of irregular migration, people being drawn to 

Canada because of our overly generous asylum system and our generous social programs," said Alykhan Velshi, Mr. Kenney's spokesman. But he 

agreed with experts contacted by Canwest News Service Thursday who said a surge of African migrant workers arriving from Europe is unlikely. The 

vast majority of migrants in Europe don't have European passports, making it impossible to board a flight to Canada without a tourist visa, he noted. 

Another expert in Europe noted that there has been no increase in people movements to Canada from Spain, despite that country's sky-high 

unemployment rate and the presence of millions of workers from Africa and Latin America. Jobless migrants, rather than attempt a costly and 

high-risk trip across the Atlantic to claim refugee status, will most likely stay put in a country like Spain, since they already have a network of family

and community connections, said the expert, who spoke on condition of anonymity. The undated report was distributed internally to CBSA and 

Citizenship and Immigration Canada officials as an attachment to a Sept. 2, 2009 e-mail, which stressed that the information was "sensitive" and 

not intended for the public domain. The report warned of potential social unrest in China and other parts of the developing world as a result of the 

recession and migrant crackdowns in rich countries. "Countries such as China and Bangladesh will have masses of unemployed who, in recent years, 

had grown accustomed to an improved standard of living. If not managed, these situations have the potential to erupt into political and social crises. 

"Labour importing countries reacting to the economic crisis by imposing new restrictions on the number of foreign workers permitted, or accelerating 

removal for displaced foreign workers in an effort to protect jobs for the domestic workforce, may be inadvertently aggravating fragile political 

environments." 

© 2009 The National Post Company. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.


http://www.theglobeandmail.com/news/national/as-countries-shut-out-migrants-canada-warned-it-will-become-the-new-safe-harbour/article1402019/



Go to The Globe and Mail


As countries shut out migrants, Canada warned it will become the new safe harbour

JOE FRIESEN

From Wednesday's Globe and Mail

The worst recession in a generation has already played havoc with the job market, housing prices and the banking system. Now it's doing the same with something else: the worldwide movement of people. The world's wealthiest nations, from Japan to Spain to Australia, are cutting immigration targets to protect fragile labour markets and encouraging itinerant workers to leave. Only Canada has refused to adjust immigration levels in response to the downturn. This outlier status has led to concern among border officials that the country's sympathetic refugee system and generous social programs will make it a prime target for migrants rejected elsewhere.

A government intelligence document described as sensitive and not for public distribution warns that more migrants from Africa, Asia, Eastern Europe and Latin America could opt to come to Canada rather than Western Europe or the United States. The report refers to both legal applicants and those who try to enter illegally. "We're planning for the economic recovery. Cutting immigration levels is a short-term measure," said Alykhan Velshi, spokesman for Citizenship and Immigration Minister Jason Kenney. At the same time, Mr. Velshi said, Canada must guard against those who would try to enter illegally.

Asylum claims in Canada increased dramatically in 2008, and were on pace for another increase in 2009 until visa restrictions were slapped on travellers from Mexico and the Czech Republic, he said. "Individuals who may not be fleeing persecution are drawn to Canada because of our overly generous asylum system," Mr. Velshi said. Human trafficking rings in Canada and the Czech Republic, for example, were encouraging people to make refugee claims in Canada, he added. "This is something we have to take very seriously ... We can't allow the creation of a two-tier immigration system: one tier for people who wait patiently and legally in the queue to come to Canada and another for profiteers, for those who engage the services of snakeheads and human trafficking groups."

The trigger for the shift in migration patterns and immigration policy is the domino-effect in labour markets unleashed by the recession, the report says. Unemployment is expected to rise to 10 per cent in developed countries and could stay that high for up to eight years, it states. Those at the bottom of the wage scale, and those with temporary status, or none at all, in their host countries are likely to be among the first and most severely affected. As jobs disappear, host countries are lowering immigration quotas to trim welfare rolls and quell potential anti-immigrant feeling. They're also bolstering immigration enforcement. Authorities in Italy and Spain, for example, have redoubled their efforts to expel undocumented workers and prevent boatloads of African migrants from reaching their shores. Japan announced plans to send home 400,000 South Americans of Japanese heritage to ease its labour market strain. Spain has returned 300,000 migrants and paid 6,000 others a special supplement to leave the country. Australia reduced its intake targets by nearly 15 per cent.

The report, produced by the Canada Border Services Agency, was obtained by immigration lawyer Richard Kurland through access to information. Mr. Kurland said the document shows that the wisest path is to further integrate the temporary foreign workers already in Canada and not reduce immigration.

The document forecasts unrest in the migrants' home countries that could create a complicated feedback loop of migration issues. Migrants send their families about $283-billion a year, and when remittances from some countries dry up, poverty will be exacerbated, which in turn can destabilize the population and encourage more people to seek any route to a well-paying job. Desperation could lead more people to human smugglers and organized crime, it says.

"The knee-jerk reaction is to yank the welcome mat and this internal intelligence report clearly shows that's not the way to go ... You're going to be exporting political instability by exporting workers into regions already fragile politically and economically. It will inevitably hasten their decline," Mr. Kurland said. "In the short term, protecting foreign workers who are already in Canada is the gateway to future economic growth."


http://www.mingpaovan.com/htm/News/20091212/vab1h.htm

官員建議收緊移民居住時間規例 移民部擬打擊美國進出「太空人」

【明報專訊】根據最新公開的移民部內部文件去年移民部駐上海辦事處有34宗因居住時間不足被取消永久居民資格的個案

後來以家人在加拿大為人道理由上訴成功有移民官因此建議移民部有必要重新檢討且縮緊移民法中對居住時間的規定

又通知美國取消喪失加國居民身分者的多次美國進出簽證以免他們從陸路回加遮瞞居住時間。 有關文件是移民律師李克倫 

(Richard Kurland) 透過資訊自由法取得。文件還透露移民部官員發現在上海這批永久居民資格暫時被扣留的人士中

不少同時擁有10年多次進出美國簽證由於美國政府是根據申請人擁有加拿大永久居民資格才發出10年期多次簽證

加拿大官員已主動向美國駐北京大使館提出有關有永久居民資格已喪失但仍擁有10年進出美國簽證的問題似欲進一步「阻斷」

太空人,想自美國迂迴進入加拿大的「回家路」根據文件北京移民計劃副經理史特凡(Martina Stvan)

「北亞區永久居民進入加拿大問題研究」報告說單是在上海辦事處去年就有34宗因居住時間不足被取消永久居民資格的人士

經上訴獲得移民上訴部門法官(IAD)給予人道理由保住了永久居民資格移民部對法官判決表示無法接受。 

報告稱這些將孩子及配偶(通常是妻子)送到加拿大即因為工作理由返回上海居住的移民為「鵝爸爸」(指經常飛來飛去即太空人的意思)或是

「快遞父母」(courier parents)他們在海外賺錢養家卻從不向加拿大稅務局報收入移民官一旦發現他們居住時間不足

或是發現他們在加拿大設立一間公司看起來像是他為加拿大的公司派到海外公司卻無運作即會取消他們手裡的楓葉卡

要求他們以後申請旅遊簽證回加拿大探親又或是等家人以後依家庭團聚類別申請移民。 史特凡建議移民法中對居住時間規定

有必要進一步檢討否則類似不依照居住時間規定被取消居民資格然後上訴成功的案件將不斷發生。 另外報告又發現上海有很多永久居民

即使他們的永久居民資格已被取消但他們10年有效的美國簽證仍未到期仍可以取道美國從加美陸路邊境進入加拿大史特凡自己也說

「加美陸路邊境不常去檢查入境人士的永久居民資格。」史特凡表示移民部知道這些人在上海、未在加拿大居住的人士

習慣取道美國進入加拿大回來領取楓葉卡後旋即離開這些人士規避了移民部在海外嚴格檢查永久居民是否有按照居住規定的努力。 

史特凡在報告中說美國方面並不知道持有簽證的加拿大永久居民隨時有可能因為未按規定被取消永久居民資格。為此

加拿大北京移民簽證辦事處還特別跟美國駐北京大使館提到這個問題要求隨著加拿大永久居民資格喪失即取消這些認識的美國10年簽證

但暫時未得到美國政府的正面回應史特凡於是建議是否應由加國聯邦政府層次向美國提出

translation: Official proposes to tighten immigration residence regulations intended to crack down on the United States Department of Immigration and out of "astronauts" 

Ming Pao, according to the latest Department of Immigration internal documents made public last year, the Department of Immigration offices in Shanghai, 34 were canceled due to lack of time to live a permanent resident of the cases, later, his family in Canada on humanitarian grounds for appeal is successful, there is an immigration officer therefore recommends that the Department of Immigration is necessary to review and tightening of immigration laws of the residence requirement, Also informed the United States abolished the loss of the Canadian resident's access to multiple U.S. visa, so as to avoid them from the land back to Canada, conceal residence.Relevant documents are immigration lawyers Like Lun (Richard Kurland) obtained through the Freedom of Information Act. The document also revealed that immigration officials found that this group of permanent residents in Shanghai and temporarily detained persons, many also have access to the U.S. 10-year multiple visa, the U.S. government is based on an applicant's permanent resident status in Canada before the issue of 10-year multiple entry visas, Canadian officials have taken the initiative to the U.S. Embassy in Beijing, relative to a permanent resident status has been lost, but still has 10 years out of U.S. visas, Siyu further "blocking" Astros want to detour into Canada from the United States a "home road" According to the paper, Beijing migration program deputy manager Stefan (Martina Stvan) in the "North Asia Study of permanent residents to enter Canada," the report said, for the Shanghai office last year, 34 cases have been canceled due to lack of time to live a permanent resident of competent persons, Department of Immigration Appeals on appeal was the judge (IAD) for humanitarian reasons, to keep a permanent resident status in the Department of Immigration said it could not accept the ruling of the judge. 

The report said the child and the spouse (usually the wife) sent to Canada, that is not reasonable because of the work of immigrants living in Shanghai as "Father Goose" (referring to the regular flying the astronauts mean) or "Parents Express" (courier parents), they earn money to support their families overseas, but never reported to Canada Revenue Agency income, immigration officers found that they lived less than once, or to find that they set up a company in Canada, looks like he was sent to Canadian companies overseas, firm has made no operation, they will cancel their hands of the Maple Leaf Card, sfter asking them to apply for a tourist visa back to Canada to visit relatives, or other family members after the application for immigration under the family reunion category. Stefan suggested that immigration laws of the residence requirement the need for further review, it is similar to the residence requirement is not in accordance with the revocation of residency status here and then a successful appeal of the case will continue to occur. In addition, the report also found that Shanghai has a lot of permanent residents, even if their permanent resident status has been canceled, but they are valid for 10 years for a U.S. visa has not expired, can still be via the United States from Canada-US land border into Canada, Stefan himself said: "Canada-US land border checks are not frequented by immigrants from the permanent resident status." Stefan said that the immigration department know what these people in Shanghai, who is not residing in Canada, used to enter Canada via the United States came back immediately after receiving Maple Leaf Card to leave these people to circumvent the immigration department overseas, strict check whether there is a permanent resident living in accordance with the provisions of effort.  Stefan said in the report, the United States did not know the Canadian permanent resident visa at any time may be canceled due to failure to the provisions of a permanent resident. To this end, Canada Immigration Visa Office Beijing, but also in particular with the United States Embassy in Beijing mentioned this and asked for a permanent resident of Canada as the loss of knowledge of the United States to abolish the 10-year visa, but not yet received a positive response from the U.S. government, Stefan therefore whether the proposal should be the Canadian federal government level to the United States.

http://www.mingpaovan.com/htm/News/20091212/vaa1h.htm

中國投資移民22億元等來加 香港簽證處變身 吸鈔機

 

【明報專訊】加拿大駐香港的簽證辦事處無疑是聯邦移民部在海外最大的「吸鈔機」根據最新的趨勢報告香港辦事處今年核准了1000宗移民申請比去年大增25%而等候處理的仍有5500以每宗投資移民申請至少為40萬元計算等於在香港一個辦事處就有22億元蠢蠢欲動進入加國。

 

移民部駐香港辦事處所審理的案件主要來自華南地區。根據移民律師李克倫(Richard Kurland)取得移民部海外地區最新趨勢報告香港辦事處所處理的投資移民申請個案是移民部所有海外辦事處之冠而且需求有增無減例如目前香港辦事處等候處理的5500個投資移民申請中3500宗是過去12個月提出的可見華南地區對透過投資移民方法移民加拿大的潛力非常大。

該份最新趨勢報告顯示香港簽證辦事處2009年總共已核准1000宗投資移民申請非但達成了今年的目標且刷新了移民部在海外任何一個辦事處的紀錄更較前一年增加255500宗申請若以每名投資移民均帶進40萬元最低投資金額計算等於有22億元的資金蠢蠢欲動隨時等進入加拿大香港簽證辦事處無疑是加拿大移民部在海外最大的「吸鈔機」。香港簽證辦事處所收投資移民申請有超過90以上來自中國南半部富有省份的申請而非真正住在香港的的申請人而是在中國經商成功近期內累積大量財富的商人他們在這波金融危機浪潮受影響最輕微。移民部報告說香港簽證辦事處投資移民核准率為48%,比全球平均77低很多移民部該份報告解釋這是由於兩年多前開始移民部推出簡化申請程序有很多申請人還未作好申請準備即已提出申請最後卻未能提供所需要文件而申請遭到拒絕或是申請人自行退出改用簡化程序申請並非因為香港簽證辦事處的申請程序及要求作了任何改變或假文件增加有關。


http://www.mingpaovan.com/htm/News/20091212/vaa2.htm

 律師建議增投資額至60萬元  香港簽證辦事處累積5500宗投資移民申請有鑑於全球主要是中國投資移民的需求殷切

移民律師李克倫(Richard Kurland)因此建議移民部現在是將維持多年40萬元投資移民最低投資金額往上調整至60萬元的時候了。 

李克倫指出移民部只需要每年收3000名投資移民將投資最低金額從40萬提高至60萬元其他條件維持不變

則每一年可引進資金達到18億元連續5年每年均收3000則可引進資金達到90億元。李克倫說由於根據合約

加拿大政府會在投資5年期滿將投資本金無息奉還這期間所生利息仍是歸加拿大。李克倫透露在過去一段時間

有關業界已向移民部建議需提高投資金額至60萬元移民部暫時未以行動回應主要是因為魁北克省目前投資移民的要求仍是40萬元

若移民部提高聯邦投資移民最低金額而魁省未提高至相同水準則會有申請流向魁省不流向聯邦投資移民計劃的問題。不過

李克倫相信在不久之後魁北克省應該也會調高最低投資金額至60萬元那時移民部就是一併行動兩相接軌。李克倫表示

40萬元的投資金額實施多年若考慮通貨膨脹因素現在的40萬元與當年的40萬元相比等於還便宜了很多

也就是低估了加拿大投資移民計劃。對此移民律師王仁鐸並不贊同他認為調高投資移民的最低投資金額

受惠的不過是銀行或是基金代理公司加拿大納稅人不會有任何好處。王仁鐸還說如果移民部不改善申請程序及提升服務水準

而只是調高投資金額那麼將會影響申請人的意願


http://www.mingpaovan.com/htm/News/20091212/vab2.htm

技術移民69個月審理

反令申請人來不及考雅思 

移民部去年提出的C-50法案集中處理38項技術移民申請、以69個月的速度加快處理堆積技術移民個案的辦法已經收效

且在香港辦事處更製造了一個新現象移民部審批速度太快申請人來不及考雅思(IELTS)英文考試導致申請失敗。移民部文件指出

香港簽證辦事處所收到的許多技術移民申請個案在申請時候所提出的英文程度往往被誇大文件分析有可能是由於過去審批時間長

申請人以為由遞表到移民官通知面談往往需要兩年因此他們可以利用遞表後的兩年時間去準備雅思考試於是在申請表格上

誇大了自己當時的英文流利程度。

不過C-50移民法修正案通過後香港簽證辦事處的移民官現在有權決定審核38項優先引進專業項目於是排在很後面、

但卻是屬於這類專業項目的申請人他們的申請時間會縮短成69個月因此會突然被通知要進行面試且被要求繳交雅思英文考試成績

這時申請人卻顯得措手不及亦還未參加雅思考試沒有英文考試成績可以提供。

文件說香港簽證辦事處已非常留意是否有申請人以假的雅思英文考試矇混。 歐洲人移加意欲很低   移民律師李克倫提醒申請人

千萬要考好雅思考試才去送申請表以免才送申請不久移民官員即要求補交雅思考試成績這時再去安排考試已經來不及

只好重新再申請白花了申請費。 此外文件也特別指出歐洲人移民加拿大的意願目前非常低落在金融海嘯發生後尤其明顯

特別是英國人。文件說大部分英國移民申請者的資產在金融海嘯期間都被捆綁了加上最近英國樓價下跌

他們都不願意出售物業來籌集移民加拿大的資金。

translation: Skilled migrants 6-9 month trial      IELTS test against an applicant will be too late 

The Department of Immigration made last year's C-50 bill, to focus on 38 technology, immigration applications, with 6 to 9 months the pace of accumulation of skilled migrants to expedite the processing of cases approaches have been effective, snd in Hong Kong offices have also created a new phenomenon: the Department of Immigration approval too fast, the applicant was too late IELTS test (IELTS) English language examination, lead to the application. The paper noted that the Department of Immigration, Visa Office in Hong Kong received a number of skilled migrant applications, the application made by the time of the English language are often exaggerated, document analysis, it may be due to the past, long processing time, that by the submission of the applicant, to the immigration officer informed the interviews, often take two years, so they can take advantage of two years after the submission of time to prepare for IELTS test, so in the application form, xxaggerate their fluency in English at that time. However, C-50 amendments to immigration laws after the passage of the immigration officer in Hong Kong visa office, and now the right to decide the introduction of professional review 38 priority projects, so in a row behind. But it is part of the professional project applicants, their applications will be shortened into 6 to 9 months, it will suddenly be notified to conduct interviews, and are required to pay the IELTS English test scores, at this time the applicant had appeared caught by surprise, but also not to take the IELTS test, there is no English test scores available. The document said, the Hong Kong visa office has paid much attention to whether the applicant has to pretend that a false IELTS English test. European desire to move Canadian Immigration Lawyers Like Lun reminded applicants is very low, 10 million should be a good IELTS test before we send the application form in order to avoid the application was sent shortly after immigration officials to request re-submissions IELTS test scores, when Zaiqu arranged examination, it was too late, had to re-apply for, white flowers of the application fee. In addition, the paper also specifically pointed out that the wishes of the Europeans to immigrate to Canada, currently very low, in the wake of the financial tsunami is particularly evident, particularly the British. The document said the majority of British immigrants on assets during the financial tsunami, were tied up, and coupled with the recent fall in property prices the United Kingdom, they are reluctant to sell their properties to raise funds to immigrate to Canada.

 

http://news.singtao.ca/vancouver/2009-12-08/headline1260268753d2195029.html

40萬元「太便宜」. 申請者多 積壓嚴重     [2009-12-08]

加拿大移民律師庫蘭Richard Kurland認為加國投資移民的要求早就應該提高他也預期移民部隨時會宣布調高。不過聯邦公民及移民部長康尼Jason Kenney的發言人維爾希Alykhan Velshi對本報說當局未來幾個月都沒有調高的計劃。

景鴻移民顧問公司董事長關景鴻對本報說他去年11月赴東岸參加魁省移民部投資會議當時就盛傳移民部計劃提高投資移民資金門檻把投資額從40萬加元增至60萬加元。但由於當時有可能隨時大選所以移民部暫時擱置計劃。關景鴻估計如果明年舉行大選大選之後投資移民調高金額的政策就會落實。庫蘭認為「就是目前資移民加拿大只需40萬元更何況僅需一次付出12萬加元就可以實在太便宜。這使得申請人太多拖慢了投資移民審批的進度造成嚴重積壓。」移民部資料顯示投資移民申請人的遞案處理剛好排到兩年前2007也就是從申請人遞件到獲得移民簽證平均需等兩年。如果申請人資料不全更可能要等5年。

庫蘭說全球經濟危機發生後移民部除了應提高資金門檻到60萬加元外也應同時調高申請人家庭淨資產的要求。為了減低經濟衰退對加國的衝擊他認為移民部應立刻增加2,000個下年度的投資移民配額。他估計這些投資移民在加國居留會購買房屋汽車估計可為加國帶來近10億元的資金。庫蘭說「就算投資移民調高我也不擔心會嚇跑來自中國的申請人」他解釋在中國給予加國特許旅遊目的地ADS之後必然令到有興趣移民加國的中國人愈來愈多。何況中國每年經濟成長高達9%這都有助中國投資移民前來加國。

 translation: 400,000 "too cheap." Backlog of applicants are more serious [2009-12-08] 

Canadian immigration lawyer Kurland (Richard Kurland) that the requirements of Canadian investment immigration is long overdue raise, he is also expected to increase the Department of Immigration will be announced at any time. However, the federal Citizenship and Immigration Minister Connie (Jason Kenney) spokesman Welsch (Alykhan Velshi) told this newspaper that the authorities did not increase in the coming months plans.  King-hung, chairman of Immigration Consultants GUAN Jing-hung told this newspaper that he went to the east coast in November last year, the Department of Immigration to participate in investment conferences in Quebec, when the Department of Immigration on the rumored plans to raise funds for the resettlement investment threshold, the amount of investment increased from 40 million Canadian dollars 600,000 Canadian dollars. But then there was an imminent general election, so the Department of Immigration temporarily shelved the scheme. GUAN Jing-hung estimated that if next year's general election after the election to increase the amount of investment immigration policy would be implemented. Kurland said: "is the current capital to emigrate to Canada, just 40 million, to mention only a paid 120,000 Canadian dollars can be really too cheap. This makes many applicants has slowed down the progress of approved investment immigration, causing serious backlog. "Department of Immigration statistics, business migration is a case in which the applicant's delivery turned out just two years ago, in 2007, which is delivered from the applicant to obtain an immigrant visa cases, the average would have to wait for two years. If the applicant is incomplete information, are more likely to have to wait 5 years. 

Kurland said the global economic crisis, immigration department in addition to raising capital threshold to 60 million Canadian dollars, but also the applicant's family should also increase the net worth requirements. In order to reduce the economic downturn on the impact of Canada, he considered that the Department of Immigration should be an immediate increase in investment in the next fiscal year 2,000 quota. He estimated that these investments immigrants stay in Canada will buy houses cars, which would enable Canada to bring nearly 10 billion yuan of funds. Kurland said: "Even if the increase in investment immigration, I would not worry about scaring off applicants from China!" He explained that in China for Canadian Chartered tourist destination (ADS), the bound so that interested in Canadian immigration more and more Chinese people. Moreover, China's annual economic growth of up to 9%, which will help China's investment immigrants to come to Canada. 

 

http://www.financialpost.com/related/links/story.html?id=2234580&p=2 

Wednesday, November 18, 2009

Court lets sponsors off hook for immigrants

Bureaucrats have power to forgive debt, ruling says

Natalie Alcoba,  National Post  

Brent Foster, National Post Files

An Ontario court has ruled in favour of a group of residents who said they should not automatically be made to pay for relatives they sponsored to immigrate to Canada, despite having pledged to do so, in a decision that could have costly implications due to the number of such immigrants who seek social assistance. The landmark ruling by the Ontario Court of Appeal says theprovincialgovernment must consider the circumstances of immigrant sponsors and use "case-by-case discretion" when deciding whether to demand sponsors pay back the money their family members collect. Appeal court Justices Janet Simmons, S.E. Lang and John Laskin wrote that Canada and Ontario "owe sponsors a duty of procedural fairness when enforcing sponsorship debt." The ruling hinges on language in the legislation that says sponsorship debt "may be recovered," and which the judges believe grant the government discretion. There is "strong argument that the governments' discretion extends to forgiving sponsorship debt," the judges wrote. A government spokesperson said lawyers have not decided whether to appeal the decision, which overturned an earlier ruling. Lorne Waldman, an immigration lawyer who represented one of eight people who launched the legal challenge, said the ruling does not mean people will not be held accountable for paying their sponsorship debt. "What it means is that the government has to go through a process before it collects the debt." He said the lawyers argued for an "individualized assessment" that takes into account how a person's situation may have changed. "The banks do this all the time, why shouldn't the Ontario government do this in these types of cases?" However, some legal observers said the ruling has pricey implications, since the Ontario government provides millions of dollars worth of social assistance every year to sponsored relatives, and a case-by-case analysis could carry a hefty administrative price tag.

So far this year, about 5,000 sponsored immigrants have applied for social assistance in Ontario, according to the Ministry of Community and Social Services, with a cost of about $56-million. About $45-million of that has been covered by the province and the rest by municipalities. A spokesperson said $13.7-million has been paid back. Ministry spokesperson Sandy Mangat said the government tries to come up with a voluntary repayment plan, and if all else fails goes to the Canada Revenue Agency to route tax credits to cover the debt. The legal challenge was launched by five men and three women who had sponsored various relatives to immigrate to Canada. Two women left their husbands over alleged abuse and could no longer support their relatives; three men were on the hook for welfare payments after their wife or fiances left them upon arriving in Canada. Nedzad Dzihic, Mr. Waldman's client, learned a woman he had sponsored to come to Canada as his fiancee in 2002, and who had refused to marry him shortly afterwards, started collecting social assistance when the visa for another woman he wanted to marry was rejected in 2006. He would have been financially responsible for the first woman for 10 years. Mr. Waldman said until recently the Ontario government did not go after any debt, and only started to do so when it began swapping information with the federal government. He said he has spoken with people who sponsored parents to come to Canada years ago, and then suddenly received a letter saying they owed the government $55,000.

When someone sponsors a family member to immigrate to Canada, they promise to financially support him or her during the initial years in Canada. If welfare money is paid out during that period, the sponsor must reimburse the government, said Richard Kurland, a Quebec immigration lawyer. The obligation varies. A spouse, for example, has a sponsorship period of three years, and it is 10 years for most others.

"The idea was to control abuse, because before this mechanism existed, there was a tendency for a small number of people to import family relations to Canada for the express purpose of taking undue advantage of our welfare system, chronic care homes, what have you," Mr. Kurland said. The sponsorship system made sponsors share the overall economic burden, which curtailed this kind of abuse.

He said the creation of a "case-by-case determination system" would create "humongous administrative overhead" and weigh down any collection system.  "It just begs the question, should we be having case-by-case determination for the relatively small number of cases like this? Or could we be a little smarter, and adopt the Quebec system where the sponsor gives a 100% guarantee to pay, with no excuses possible?" Mr. Kurland said.

Guidy Mamann, a Toronto immigration lawyer, said the ruling could have wide effects, if it is challenged by the Ontario government and reaches the Supreme Court of Canada. "We now know that the government has the discretion to forgive a debt or to enforce a debt. That's very important because the government argued it has no discretion. If there's a debt [they] have to collect it," said Mr. Mamann, based in Toronto. "This is going to be very influential in other provinces."  ---------

IMMIGRANT CATEGORIES    Immigrants to Canada are divided into three broad categories: family class, in which a person is sponsored by a relative living in Canada; economic immigrants, who are selected for their skills; and refugees. The Ontario court decision dealt with only sponsored immigrants. The numbers below give a sense for how many such people the country takes in each year, both countrywide and in the three provinces with the highest immigration levels.

CANADA 2008        Family class: 65,567 Economic Immigrant: 149,072 Refugee: 21,860

ONTARIO 2008      Family class: 33,801 Economic: 59,137 Refugee: 11,860

QUEBEC                  Family class: 9,141 Economic: 29,375   Refugee: 4,522 

BRITISH COLUMBIA    Family class: 12,419 Economic: 28,679   Refugee: 1,532

National Post    © 2009 The National Post Company. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.

http://www.nationalpost.com/news/story.html?id=2234418

The National Post      

NOVEMBER 17, 2009

Court gives sponsors chance to avoid paying for immig

rants on assistance

Natalie Alcoba,  National Post     

An Ontario court has ruled in favour of a group of residents who said they should not automatically be made to pay for relatives they sponsored to immigrate to Canada, despite having pledged to do so, in a decision that could have costly implications due to the number of such immigrants who seek social assistance. The landmark ruling by the Ontario Court of Appeal says the provincial government must consider the circumstances of immigrant sponsors and use "case-by-case discretion" when deciding whether to demand sponsors pay back the money their family members collect. Appeal court Justices Janet Simmons, S.E. Lang and John Laskin wrote that Canada and Ontario "owe sponsors a duty of procedural fairness when enforcing sponsorship debt." The ruling hinges on language in the legislation that says sponsorship debt "may be recovered," and which the judges believe grant the government discretion. There is "strong argument that the governments' discretion extends to forgiving sponsorship debt," the judges wrote. A government spokesperson said lawyers have not decided whether to appeal the decision, which overturned an earlier ruling.

Lorne Waldman, an immigration lawyer who represented one of eight people who launched the legal challenge, said the ruling does not mean people will not be held accountable for paying their sponsorship debt. "What it means is that the government has to go through a process before it collects the debt." He said the lawyers argued for an "individualized assessment" that takes into account how a person's situation may have changed. "The banks do this all the time, why shouldn't the Ontario government do this in these types of cases?" However, some legal observers said the ruling has pricey implications, since the Ontario government provides millions of dollars worth of social assistance every year to sponsored relatives, and a case-by-case analysis could carry a hefty administrative price tag. So far this year, about 5,000 sponsored immigrants have applied for social assistance in Ontario, according to the Ministry of Community and Social Services, with a cost of about $56-million. About $45-million of that has been covered by the province and the rest by municipalities. A spokesperson said $13.7-million has been paid back. Ministry spokesperson Sandy Mangat said the government tries to come up with a voluntary repayment plan, and if all else fails goes to the Canada Revenue Agency to route tax credits to cover the debt.

The legal challenge was launched by five men and three women who had sponsored various relatives to immigrate to Canada. Two women left their husbands over alleged abuse and could no longer support their relatives; three men were on the hook for welfare payments after their wife or fiancés left them upon arriving in Canada. Nedzad Dzihic, Mr. Waldman's client, learned a woman he had sponsored to come to Canada as his fiancé in 2002, and who had refused to marry him shortly afterwards, started collecting social assistance when the visa for another woman he wanted to marry was rejected in 2006. He would have been financially responsible for the first woman for 10 years. Mr. Waldman said until recently the Ontario government did not go after any debt, and only started to do so when it began swapping information with the federal government. He said he has spoken with people who sponsored parents to come to Canada years ago, and then suddenly received a letter saying they owed the government $55,000.

When someone sponsors a family member to immigrate to Canada, they promise to financially support him or her during the initial years in Canada. If welfare money is paid out during that period, the sponsor must reimburse the government, said Richard Kurland, a Quebec immigration lawyer. The obligation varies. A spouse, for example, has a sponsorship period of three years, and it is 10 years for most others. "The idea was to control abuse, because before this mechanism existed, there was a tendency for a small number of people to import family relations to Canada for the express purpose of taking undue advantage of our welfare system, chronic care homes, what have you," said Mr. Kurland. The sponsorship system made sponsors share the overall economic burden, which curtailed this kind of abuse. 

He said the creation of a "case-by-case determination system" would create "humongous administrative overhead" and weigh down any collection system.  "It just begs the question, should we be having case-by-case determination for the relatively small number of cases like this? Or could we be a little smarter, and adopt the Quebec system where the sponsor gives a 100% guarantee to pay, with no excuses possible?" said Mr. Kurland. 

Guidy Mamann, a Toronto immigration lawyer, said the ruling could have wide effects, if it is challenged by the Ontario government and reaches the Supreme Court of Canada. "We now know that the government has the discretion to forgive a debt or to enforce a debt. That's very important because the government argued it has no discretion. If there's a debt [they] have to collect it," said Mr. Mamann, based in Toronto. "This is going to be very influential in other provinces."

National Post     nalcoba@nationalpost.com


http://www.omnibc.ca/news/index.php?language=1

加拿大邊境服務局一份內部文件披露, 全加共有超過17千名罪犯及難民申請失敗者正等候被遣返, 當中2,313人為中國人,居第一位. (2009-11-06)

根據資訊自由法,向加拿大邊境服務局取得文件的本地律師Richard Kurland表示,在等待遣返的人士中,中國公民總數最多.他指出,很多難民申請者因為已銷毀了身分證明文件,加方在將他們遣返時,需要得到中國政府配合,重新向被遣返者發放旅遊證件.如果中方不配合,加方則無法執行遣返.而加中談判旅遊目的地協議ADS同時,應該會要求中國政府保證配合遣返程序,他恐怕一旦旅遊協議達成,會有更多中國公民滯留本地. Kurland:「如果旅遊目的地協議達成, 會有更多中國遊客來加國, 也會面臨更大的遣返帳單, 如果談判旅遊目的地協議, 中國政府就要承諾給予簽發護照方便. 移民律師錢路則表示,總理Harper本次訪華,相信會談及滯留人士遣返的議題,但由於賴昌星等個案遲遲未解決,加方很難立即得到中方的配合. 錢路說:「對於這些人, 我估計某種程度的諒解可能會達成, 但是立即把這些人送回中國, 可能從中國方面來講, 還會有一些時間, 大概在賴昌星、高山這些案子徹底解決之前,中國政府會對加拿大政府有一些成見. 雖然很多重大經濟嫌犯遲遲無法遣返,但被中國警方通緝的合同詐騙犯罪嫌疑人劉曉全,1021日被遣返回中國,去年,涉及兩千萬元人民幣詐騙案的鄧新志也從多倫多被遞解回國。可見加中雙方的配合進一步加強. 今天到訪溫哥華的聯邦國際貿易部長Stockwell Day 表示,加中雙方正在努力達成旅遊目的地協議,但其中的確仍有障礙. 他話:「我們都在做出努力, 加方盡全力達成協議, 等待中方採取更多行動. 加拿大邊境服務局的報告同時指出雖然中國是需要遣返人數中占首位的國家但在去年成功遣返的只有274.而去年有3811人遣返至墨西哥2465人至美國.Kurland 認為披露這份報告,應該是想在總理訪華前向對方施壓,希望能夠配合遣返程序.

TRANSLATION:  Canada Border Services Agency an internal document revealed that the All-Canadian 1000 a total of more than 10,007 criminals and refugees are waiting for the losers were repatriated, of which 2,313 Chinese people, ranking the first. (2009-11-06) 

Under the Freedom of Information Act to the Canadian Border Services Agency to obtain the file's local lawyer Richard Kurland said that those who are waiting for repatriation, the largest total number of Chinese citizens. He pointed out that many asylum seekers because it has been destroyed identity documents, the Canadian side that will their repatriation, you need to tie in with the Chinese government to re-issue the travel documents have been repatriated. If the Chinese do not fit the Canadian side will not execute repatriated. and Canada negotiated an agreement ADS tourist destination at the same time, you should ask the Chinese Government to ensure that they meet the repatriation of program, he feared that tourism agreement is reached, there will be more Chinese citizens stranded in Hong Kong. Kurland: "If an agreement is reached tourist destination, there will be more Chinese tourists to Canada will also face greater repatriation bills, if the negotiating an agreement tourist destination, the Chinese Government will have promised to facilitate the issuing of passports. "immigration lawyer Qian Lu, Prime Minister Harper's visit to China this time, I believe that talks and stranded person back to the subject, but because of Lai Changxing, the delay in such cases resolved, Canada is difficult to tie in with the Chinese side immediately. Qian Road, said: "For these people, I guess a certain degree of understanding might be reached, but immediately returned to China these people may be from the Chinese side is concerned, there will be some time, probably in Lai, mountain until a final settlement of these cases, the Chinese Government to the Government of Canada will have some preconceived ideas. "Although many delays in the repatriation of significant economic suspects, but was wanted by the Chinese police contract fraud suspects Liu Quan, on the October 21 was sent back to China last year, fraud involving 20 million yuan Tang Xin-zhi, to be deported back from Toronto. Canada can be seen with the two sides further strengthened. Today visited Vancouver, Federal International Trade Minister Stockwell Day said Canada and China are trying to reach an agreement tourist destination, but there are still obstacles to do. He: "We are making efforts to , the Canadian side do its utmost to reach an agreement, waiting for China to take more action. "Canadian Border Services Agency's report also pointed out that although China is the number of people need to account for the repatriation of the first country, but only in the last year's successful repatriation of 274 people. In the past year 3811's return to Mexico, the 2465 people to the United States. Kurland that the disclosure of the report, should be want to put pressure on the Prime Minister's visit to China prior to the other side, hoping to meet the repatriation process. 

 

http://network.nationalpost.com/np/blogs/fullcomment/archive/2009/11/03/martin-collacott-slow-down-you-re-granting-asylum-too-fast.aspx

Martin Collacott: Slow down, you're granting asylum too fast

Posted: November 03, 2009, by NP Editor

Martin Collacott, Canadian politcs

The arrival of 76 Sri Lankan Tamils aboard a vessel that some experts believe may be owned by the Tamil Tigers has raised a number of troubling questions. Unlike the 599 Chinese who appeared off the coast of British Columbia 10 years ago, there is every indication the latest arrivals intend to try to stay in Canada permanently. The Chinese boat people had quite different objectives. They were being smuggled into Canada in order to be smuggled in turn into the United States — where they planned to work in menial jobs in order to pay off those who had brought them here illegally. It was not in their game plan to get caught by the Canadian authorities. They knew nothing about claiming refugee status when they arrived here and had to be coached by their Canadian lawyers on how to put together tales about how they had been persecuted in China in order to stand a chance of being accepted as refugees.

The 76 new arrivals will need no such instruction. They have almost certainly brought with them carefully prepared stories of how they have suffered, because they are Tamils, at the hands of the mainly Sinhalese government of Sri Lanka. While such claimants have been quite successful at gaining asylum in Canada until now, this group may find the task somewhat more daunting.

For one thing, with the defeat of the Tamil Tigers by government forces earlier this year, no one can claim they are fleeing the fighting. While it is true that large numbers of Tamil civilians are still living in difficult conditions in camps run by the government while it attempts to identify Tamil Tiger operatives hiding in their midst, the situation is gradually returning to normal. When this process is completed, much will still have to be done in terms of national reconciliation and involving Sri Lanka Tamils fully in the political life of the nation.

The suggestion that Tamils are being persecuted as a people in Sri Lanka, however, is nonsense and is a myth propagated by Tamil extremists. The Tigers have, in fact, tried to systematically assassinate moderate leaders in their own community who do not agree with the goal of creating a completely independent Tamil state in Sri Lanka by violent means. The latest victim of their ruthless campaign was the foreign minister of Sri Lanka, Lakshman Kadirgamar, an ethnic Tamil, who was murdered in 2005.

There can be no doubt that Canada has been more than generous to Sri Lankan Tamils seeking asylum. Between 1989 and 2004, for example, we gave refugee status to more than 37,000 such claimants — far more than to the nationals of any other country. Our largesse is also impressive by international standards; in 2003 we accepted 50% more claims from this source than did all the other countries of the world combined. Here’s one indication of Canadian generosity, and even laxity, in our treatment of refugee claimants. In order to be successful, the claimants have to be able to make the case that they fled their countries of origin because it was not safe to remain there. Yet, in one year alone, 8,600 Sri Lankans with refugee claims pending in Canada applied to the Sri Lankan High Commission in Ottawa for travel documents so they could go back to Sri Lanka for visits. A further indication that Sri Lanka is not quite as dangerous a place for Tamil refugee claimants as their supporters try to make out is to be found in an internal Citizenship and Immigration Canada communication (obtained through an access to information request by Vancouver lawyer Richard Kurland) which noted that “returnees (to Sri Lanka) are dealt with professionally and, unless there are outstanding criminal warrants, deportees and other returnees are simply returned to the community on arrival after brief and professionally conducted interviews.”

The report went on to state that “other countries have successfully returned large numbers of failed asylum seekers, and Sri Lanka is a safe destination for unsuccessful refugee applicants.” In the same vein, at an Immigration and Refugee Board (IRB) hearing in 2006, it was pointed out that more than 100 Sri Lankans (failed refugee claimants, and presumably all Tamil) had been sent back to their homeland and none had been mistreated as their lawyers had claimed they would be. Nor is it surprising that they should choose Canada their destination even though it is about as far from Sri Lanka geographically as one can get. Canada not only has the most generous system of benefits for refugee claimants but has the highest acceptance rates. In the case of Sri Lankan Tamils, last year Canada rejected 2.6% of their applications while other countries had an average rejection rate of 50%.

While the Tigers have run human smuggling operations to raise funds for their terrorist cause by bringing people illegally into Canada, such activities were also aimed at strengthening the ranks of their supporters in this country. The IRB helped out in this regard by giving expedited processing and almost automatic approval to persons considered to be at risk, including “young Tamil males aged 10 to 40 or 45 years from the north and east” of Sri Lanka (i.e., from the area controlled by the Tamil Tigers). Such a profile, however, just happened to be identical with that of male Tamil Tiger guerrillas, and by the year 2000 the Toronto police Tamil Task Force estimated that Canada’s largest city was home to as many as 8,000 members of Tamil terrorist factions, most notably the Tigers.

The result of our largesse in making it so easy for terrorists and their supporters to get into Canada through the refugee system was to be seen in their ability to mobilize large numbers of people to block traffic in Toronto and Ottawa earlier this year in the hopes of getting Canada to pressure the Sri Lankan government into a ceasefire that might have saved Tamil Tiger forces from complete oblivion. One particular scenario that the Canadian authorities must be wary of is the possibility that this latest group of arrivals is the vanguard of large numbers of Tamil Tigers and their supporters planning to come here with the intention of making Canada the base for their separatist movement and a future insurgency in the wake of their military defeat in Sri Lanka. In doing so they would be emulating Sikh separatists and extremists who have concentrated much of their activity in Canada after the confrontation between their co-religionists back in India and the central government of that country largely subsided (the Post reported on the phenomenon in “Sikhs still divided after 25 years,” on Oct. 28). To achieve this end, Sikh extremists have also made ample use of our refugee system in order to get their supporters into Canada.

National Post

Martin Collacott was the Canadian high commissioner to Sri Lanka when the conflict between the Tamil Tigers and government forces began in earnest in 1983. He lives in Vancouver.

 

http://www.montrealgazette.com/news/canada/Cost+deporting+someone+from+Canada+could+immigration+lawyer/2189955/story.html

Cost of deporting someone from Canada could hit $500,000: immigration lawyer

BY ETHAN BARON, VANCOUVER PROVINCE NOVEMBER 5, 2009

VANCOUVER — Almost 160,000 foreign nationals ordered deported remain in Canada, according to federal data obtained by a Vancouver immigration lawyer. It can cost up to $500,000 to send a foreign citizen home if a chartered plane and police and medical escorts are necessary, according to the Canadian Border Services Agency. The average cost of removing someone without an escort is $1,500, while escorted removals average $15,000, the CBSA reports.

“This is the first time ever, to my knowledge, that we know the active-removal inventory in Canada,” says lawyer Richard Kurland, who received the numbers from the agency after an access to information request. Warrants have been issued for the deportation of more than 41,000 people who have disappeared while enmeshed in the deportation process, according to the CBSA data. Of nearly 18,000 foreigners in the final stage of deportation from Canada, two to nine per cent are criminals, Kurland says. The remaining 100,000 are still in earlier stages, fighting the deportation orders. “They’re clinging to the delay vine,” Kurland says. “As long as their grip is good, they can remain in Canada for years.”

Some of those 100,000 have received stays of deportation orders in court, or have requested an assessment of the risk they’d face if returned home. Others have applied for permanent residency or refugee status.  The CBSA was not immediately available to comment.   © Copyright (c) Canwest News Service

 

http://www.canada.com/Cost+deporting+could+500K+Lawyer/2192243/story.html

http://www.canada.com/story_print.html?id=2192243&sponsor=

Cost of deporting could hit $500K: Lawyer

NEWS SERVICES  NOVEMBER 6, 2009

Almost 160,000 foreign nationals ordered deported remain in Canada, according to federal data obtained by Vancouver immigration lawyer Richard Kurland.

It can cost up to $500,000 to send a foreign citizen home if a chartered plane and police and medical escorts are necessary, according to the Canadian Border Services Agency. The average cost of removing someone without an escort is $1,500, while escorted removals average $15,000, the CBSA reports. Of nearly 18,000 foreigners in the final stage of deportation, 2-9% are criminals, Kurland says. © Copyright (c) Canwest News Service

 

http://cnews.canoe.ca/CNEWS/Canada/2009/11/06/11654656-sun.html

November 6, 2009

42,000 deportees lying low in Canada

Toronto cops worried as 'staggering' number of immigrants go on lam from officials

By TOM GODFREY, SUN MEDIA

Almost 42,000 immigrants have gone underground and are being sought on warrants for deportation -- one quarter of the 160,000 people who are in different stages of removal from Canada, according to just-released government documents. There are more surprising numbers: More than half being removed are from Greater Toronto, the destination of choice for a staggering 60 per cent of all newcomers to Canada. Toronto Police Association officials said they're concerned because people facing deportation are desperate and will do anything to escape arrest. "We are most concerned for our front-line officers," association president Mike McCormack said yesterday. "This raises safety concerns since these people are desperate and want to avoid compliance."

The association has had a lawsuit ongoing for 15 years against the department alleging negligence in the June 1994 shooting death of Toronto Police Const. Todd Baylis by two-time deportee Clinton Gayle. "It's been 15 years since Baylis was killed and it shows that very little has changed," McCormack said, adding the association will petition immigration minister Jason Kenney to speed up deportations.

The August 2009 statistics were obtained from the Canada Border Services Agency by Quebec lawyer Richard Kurland and made available to the Toronto Sun.

CBSA spokesman Patrizia Giolti confirmed the document was released by her officials but refused further comment. The document said of the 160,000 offenders awaiting deportation, some 85,500 are awaiting a decision of their refugee appeals, 14,800 are appealing to the Federal Court of Canada and 17,800 are waiting for travel documents. It said immigration officers are actively searching for 42,000 immigrants who have gone underground and are sought on warrants.

"The numbers of people being removed is staggering," Kurland said yesterday. "That number is bigger than many small cities." He said there are many thousands of others in Canada who are unaccounted for by immigration authorities because they've gone underground or have left the country. "A large amount of the people are from the GTA," Kurland said. "Many arrive in Canada and settle in Toronto."

The document said the top countries for deportation include Mexico, the U.S., St. Vincent and the Grenadines, China and Jamaica. It said it costs about $1,500 to deport a person without an escort and up to $15,000 for deportees who require two escort officers. In some cases, up to $500,000 is spent to charter a jet to deport dangerous offenders.

TOM.GODFREY@SUNMEDIA.CA

 

http://www.canada.com/news/national/Cost+deporting+someone+from+Canada+could+immigration+lawyer/2189955/story.html

Cost of deporting someone from Canada could hit $500,000: immigration lawyer

BY ETHAN BARON, VANCOUVER PROVINCE NOVEMBER 5, 2009 11:02 PM

VANCOUVER — Almost 160,000 foreign nationals ordered deported remain in Canada, according to federal data obtained by a Vancouver immigration lawyer. It can cost up to $500,000 to send a foreign citizen home if a chartered plane and police and medical escorts are necessary, according to the Canadian Border Services Agency. The average cost of removing someone without an escort is $1,500, while escorted removals average $15,000, the CBSA reports.

“This is the first time ever, to my knowledge, that we know the active-removal inventory in Canada,” says lawyer Richard Kurland, who received the numbers from the agency after an access to information request. Warrants have been issued for the deportation of more than 41,000 people who have disappeared while enmeshed in the deportation process, according to the CBSA data. Of nearly 18,000 foreigners in the final stage of deportation from Canada, two to nine per cent are criminals, Kurland says.

The remaining 100,000 are still in earlier stages, fighting the deportation orders. “They’re clinging to the delay vine,” Kurland says. “As long as their grip is good, they can remain in Canada for years.”

Some of those 100,000 have received stays of deportation orders in court, or have requested an assessment of the risk they’d face if returned home. Others have applied for permanent residency or refugee status.

The CBSA was not immediately available to comment. © Copyright (c) Canwest News Service

 

http://www.vancouversun.com/Iraqi+deserter+takes+sanctuary+downtown+church/2122651/story.html

Iraqi war deserter takes sanctuary in downtown church

Kansas man denied refugee status this summer and ordered to leave Canada

BY RICHARD J. DALTON JR., VANCOUVER SUN      OCTOBER 20, 2009

The first Iraqi war deserter to seek sanctuary in a Canadian church is staying in the Downtown Eastside, an organization supporting war resisters said Monday. Sarah Bjorknas, Vancouver coordinator for the War Resisters Support Campaign, said about 50 war resisters have sought refugee status in Canada over the last five years, but Rodney Watson is the first to seek safe haven in a church. Watson, 31, of Kansas City, Kan., was denied refugee status this summer and was ordered to leave the country by Sept. 11. A week later, he said Monday, he moved into an apartment at First United Church on East Hastings Street. He cannot go outside. After coming here in 2006, Watson fathered a son who is now 10 months old. Watson is now seeking to stay in Canada on humanitarian and compassionate grounds.

Vancouver-based lawyer Richard Kurland said it's a weak case and the church could damage its credibility with the Canada Border Services Agency in any future cases by supporting Watson.

Watson said he decided to leave the army after his deployment in Iraq was going to extend beyond his original commitment. He said an army recruiter had promised him a job as a cook but he ended up checking vehicles for car bombs. Each day, he wondered: "Is this the day I'm going to get blown up?" he said. Lt.-Col. Nathan Banks, an Army spokesman for the Pentagon, said, "If he wanted to be a cook, he should have made sure that it was in writing." But he added: "You're a soldier first. You always got to be ready to pick up your rifle." Banks said Watson would likely be arrested upon entering the U.S. Watson's commander could then choose a penalty of discharge, jail time of three months to six years, or death, Banks said. But the military doesn't seek the death penalty, he added. Watson said: "Why should I spend one month or more or a year in prison while the people who led us into the war by saying they [Iraqis] had weapons of mass destruction are walking around free? No one's going after them. The main culprits behind the Iraq war are walking free."

rdalton@vancouversun.com      © Copyright (c) The Vancouver Sun

 

http://www.torontosun.com/news/canada/2009/10/16/11420581-sun.html

Sunday, October 18, 2009

Wealthy investors being turned back

By TOM GODFREY, SUN MEDIA

If the world's wealthiest man wanted to move to Canada, he'd better be ready to wait in line for years, Toronto immigration lawyers say. They claim wealthy immigrants who want to resettle here to invest and hire Canadians are having the doors shut on them, with some having to wait up to five years for an interview. Bill Gates would be "waiting at the border" for years, lawyer Guidy Mamann said yesterday. "He would have to account for every nickel he's ever made." Only 447 business immigrants were allowed into Canada in 2008, compared to 1,668 in 1998, Mamann said. "We are losing our competitive advantage to other countries," he said. "We need to bring people here and create jobs and employ people." Mamann said he has clients who have millions of dollars in banks outside Canada who are waiting for a visa. "This is outrageous in this economic climate," added Toronto lawyer Mendel Green. "Some of these people have been waiting for years and they are taking their business elsewhere." The ultra-rich are going to Australia, New Zealand and the European Union, he said. Business immigrants can hand over up to $400,000 for Ottawa to invest for four years, put $250,000 into a business, or create jobs for Canadians. "We should be welcoming these people with open arms," Green said. "These people should be treated with priority." But some business immigrants just don't stick around, lawyer Richard Boraks argued. "Too many of them use Canada as a hotel," he said. "A lot of them don't always follow through with their obligations."

Lawyer Richard Kurland said the business category is receiving fewer applicants yearly. "The benefits to Canada are negligible," he said. Federal immigration spokesman Dannielle Norris said the program "seeks to attract experienced business people who will support the development of a strong and prosperous Canadian economy."


http://news.singtao.ca/vancouver/2009-10-06/headline1254824013d2074535.html

港人回流 大陸人填補  [2009-10-06]

拿大亞太基金會的報告指出以移民來源地分析過去十年來加國香港移民回流人數比例最高而中國新移民近來回流也有升高趨勢。亞太基金會博士生研究員陳自恬在該報告的初稿中引用199620012006年加拿大全國人口普查數據按統計學公式計算1996年至2005年加國移民回流比例發現香港移民回流比例最高24.20%而同期中國移民回流比例則為-2.18%移入的人數與回流人數比較之後詳見左表報告又指出如果僅計算2001年到2005年加國移民回流比例香港新移民回流比例最高16.8%而同期中國移民回流比例也上升為5.9%年齡愈大 回流比例愈低   此外該報告發現移民年齡愈大回流比例愈低。按加國城市分析移民回流比例最高的依次為渥太華17.17%、滿地可14.12、溫哥華8.99%、多倫多5.98%。 亞太基金會公關部門表示該報告的初稿曾在今年5月在渥太華會議簡報中公布他們將會在1028日公布最後報告表示目前不便就此評論。  撰寫報告的陳自恬周一對本報表示在這份統計資料中回流人口雖然不一定全部回流移民來源地也可能前往美國或其他地區但相信超過80%是回流到原居地。 陳自恬指出雖然報告並沒有研究移民回流原因但仔細分析香港移民回流情況可發現1996年到2000年是回流高峰期回流的比例高達16.99%2001年到2005年回流則減緩為0.4%。顯然1997年以前當初不少香港移民並非真心想移民而是以「買保險」心態拿加國護照。但在1997年回歸後這些無心留加的香港移民在取得加國身分後自然選擇回流。依據《資訊自由法》取得這項報告的移民律師庫蘭Richard Kurland也指出不少來自中國大陸或者香港的移民近來選擇回流大陸和香港估計是中國經濟迅速發展提供本地找工不易的移民強大誘因。另外他們決定帶同家人回流在原居地重尋事業第二春

TRANSLATION:  Asia Pacific Foundation of Canada reports that in order to analyze the source of migrants over the past decade, Canada has the highest proportion of emigrants returning to Hong Kong, while new immigrants from China have tended to increase recently returned. 

Asia Pacific Foundation Doctoral Fellow, Tim Chen from the first draft of the report, citing 1996,2001,2006 Canadian national census data, according to statistics calculated from 1996 to 2005 the proportion of Canadian returning emigrants, found that the highest proportion of immigrants from Hong Kong back, up 24.20 percent; while returning over the same period the proportion of Chinese immigrants, compared with -2.18% (the number of people moved into the number of comparisons with the return, see the left table). The report also pointed out that the if only the calculation from 2001 to 2005 the proportion of Canadian returning emigrants, returning the highest proportion of new immigrants in Hong Kong, up 16.8%; while returning over the same period the proportion of Chinese immigrants increased to 5.9%. Age, the lower the ratio the greater the return In addition, the report found that immigrants grow older, the proportion of the lower back. According to the Canadian city of analysis, the highest proportion of returning emigrants, followed by Ottawa (17.17%), Montreal (14.12), Vancouver (8.99%), Toronto (5.98%). Asia Pacific Foundation of public relations department, said the first draft of the report in May this year, the briefing session in Ottawa announced that they will be published in the October 28 final report, saying that the inconvenience to make any comments. Report writing from Tim Chen, Monday told this newspaper that, in this statistical information, the returning population, though not necessarily all the returning emigrants sources may also go to the United States or elsewhere, it is believed that over 80% have returned to their places of origin. CHEN Zi Tian pointed out that although the report does not study the reasons for returning migrants, but a careful analysis of the situation in Hong Kong returning emigrants can be found from 1996 to 2000 years back the peak period, the proportion of return as high as 16.99%,