Palestinians living in Gaza lose lawsuits that would force Canada to process crisis travel visas

Of note (inability to leave Gaza for biometrics):

Palestinians in Gaza who applied to join relatives in Canada two years ago under Ottawa’s crisis immigration policy but haven’t received travel visas lost their lawsuits trying to force officials to act despite security problems in the war-torn region.

Four similar court actions asked the Federal Court to order officials with Immigration, Refugees, and Citizenship Canada (IRCC) to process their temporary resident visa applications.

Justice Henry S. Brown said the stories of applicants in Gaza were “heartbreaking” but he could not issue the orders they sought.

The court cases stem from Ottawa’s announcement of a “temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza,” which took effect on Jan. 9, 2024.

It was supposed to provide quick refuge for Palestinians with relatives who are either Canadian citizens or permanent residents and willing to be an “anchor relative” in Canada.

The Gaza policy was capped at 5,000 visas. Court heard that almost two years later there are about 4,200 unprocessed applicants.

The policy was similar in purpose to emergency policies for Ukrainians fleeing Russia’s invasion, Afghans fleeing the Taliban’s return to power, and those in danger zones after an earthquake in Türkiye and Syria. The policies remove some criteria normally needed to enter Canada to speed things up in a crisis.

…He agreed with the applicants that the government has a legal duty to process visa applications made under the policy. He also agreed with the government that officers did not have a duty to process applications within a particular timeframe.

“I am satisfied the Applicant has a legitimate expectation to his application being dealt with in a timely manner. However, this expectation only arises when the Applicant meets all the conditions of the Policy and provides biometric information (which he is unable to do),” Brown wrote.

Brown found that Canada’s policy did not allow visa officers to override other regulations on immigration, and those regulations require a biometric check. The government argued that Ottawa has a duty to maintain the integrity of Canada’s immigration system and Brown agreed.

“The root cause of the Applicant’s failure to provide his biometric data is of course the changed operational context, namely the closure of the Rafah crossing which made obtaining and submitting biometrics impossible.”

He said because of that, the applicants did not meet the threshold for a court order forcing the government to act because that required all elements of a process to be complete before unreasonable delay can be determined.

All cases were denied.

Source: Palestinians living in Gaza lose lawsuits that would force Canada to process crisis travel visas