The end of the year is upon us.
This year, there has been a plethora of changes to immigration law and policy.
The prolific Minister of Citizenship and Immigration has been busy. Some adore him. Others, at a minimum, have reserved judgment.
1. The Moratorium on Parents/Grandparents
Imposing a two year moratorium on parents and grandparents on November 5, 2011 was a coldly efficient way of dealing with the backlog and growing processing times for this immigrant class. It goes without saying that Minister Kenney didn't mention that this was in the cards when he was courting the immigrant vote in Toronto and Vancouver for the federal election. Over the long term its possible that less immigrants will choose to make Canada their home if they cannot bring their parents with them (within a reasonable period of time).
Counterbalancing the moratorium is the 'super visa' that will be made available to parents/grand-parents of Canadian citizens/permanent residents subject to the approval of an immigration officer. A spoonful of sugar to make the medicine go down.
2. The Conditional Spouse Visa
It appears that marriage fraud tragically led to the suicide of an Indo-Canadian. It's a serious problem in Canada. Getting married to a Canadian is the easiest and fastest way to immigrate here. Sometimes sponsors are complicit in marriage fraud, sometimes they are dupes.
CIC has decided to do something about it.
Touted as a solution to marriages of convenience/marriage fraud, CIC will be issuing 'conditional' permanent residence to those sponsored by their spouse to Canada. Further, anyone that sponsors will be unable to sponsor another spouse for a period of five years. Critics claim that the sponsored spouse could be vulnerable to abuse and intimidation. See me discuss combating marriage fraud on Alberta Prime Time here.
3. Minimum Mandatory Sentences
The Tory omnibus crime bill will have repercussions for permanent residents of Canada. Remember, if a permanent resident is charged and convicted of a crime, he or she can face removal from Canada. If the sentence imposed was less than 2 years, the permanent resident retains appeal rights to the Immigration Appeal Division. The IAD can consider all the circumstances of the case, including humanitarian and compassionate considerations. The new omnibus bill will impose mandatory minimums on a number of offences, increasing sentences and further limiting the possibility of an appeal. If you are a permanent resident and are facing criminal charges, it is imperative that you retain counsel that is familiar with immigration legislation.
4. Refugee Reform
Wideranging reform is apparently imminent. Implementation will be tricky (Case in point - half of the existing immigration "judges" failed the exam). In essence, civil servants will make the front line decisions. There will be a paper based 'appeal' or review mechanism for certain cases.Unless decisions on refugee claims are made in a timely manner (6-8 months after the claim is made), such reforms are a failure. Only timely decisions will deter unfounded refugee claims.
CIC is also tinkering with a pilot project to pay-out refugee claimants so they leave Canada faster. See my debate on this topic with Jason Kenney here.
5. The CBSA Most Wanted List
The Ministers of Public Safety and Citizenship and Immigration did their best Clint Eastwood/Charles Bronson impression and rolled out a most wanted list of individuals in breach of the Immigration and Refugee Protection Act. Eight individuals have been apprehended. It appears that the program will be expanded in the future. The hard stance against such undesirables was probably necessary as no Tamil ship arrived in 2011 (The Sun Sea last afforded such an photo opportunity to the said Ministers in August 2010). In at least one instance, the most-wanted list has backfired - preventing the removal of someone on that list. See the Globe and Mail article here.
6. The End of CSIC
The Minister of Citizenship and Immigration enacted legislation to remove the Canadian Society of Immigration Consultants as the regulator of immigration consultants in Canada replacing it with the ICCRC - the Immigration Consultants of Canada Regulatory Council. CSIC went down fighting, seeking judicial review of the Minister's actions at the Federal Court. It remains to be seen whether ICCRC will provide an effective oversight mechanism to immigration consultants. I discussed this issue on Alberta Primetime, which can be viewed here.
7. Citizenship Fraud, Language Testing, & the Niqab Ban
CIC will be requiring separate language testing over and above the current citizenship test. This is wholly unnecessary -- see my debate on Alberta PrimeTime with an angry MP Deepak Obhrai here.
Kenney has moved decisively on allegations of citizenship fraud. In an unprecedent move, he is stripping citizenship from thousands of "Canadians of Convenience".
8. The indepedence of the IRB and ideology at the Federal Court
Kenney has no problems making sweeping generalizations about the relative merits of refugee claims from particular countries. Some have viewed this as having a 'chilling' effect on RPD Members who are supposed to be indepedent decision makers.
Both of these issues suggest that Kenney and the Conservative government are 'remaking' refugee adjudication and review in their own image.
2012
In the New Year, look for:
- more investigations and enforcement;
- expanded 'most wanted list';
- more removals and less discretion by officers and the IAD;
- an attempt at faster decisions and removals of failed refugees;
- challenges in the Federal Court to the refugee reforms by concerned lawyers;
- more emphasis and flexibility in provincial nominee or immigration programs; and
- attempts to structure the federal skilled worker program to meet economic realities (almost certain to fail).
Happy New Year.
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