Immigration program for parents ‘discriminatory,’ Federal Court of Appeal rules

42 days vs 37 months:

In 2010, Attaran complained to the Canadian Human Rights Commission, claiming that the program discriminated against parents and grandparents by delaying the processing of their applications.

At the time of his complaint, it took immigration 42 days to screen the sponsors of spouses and children but the same screening took 37 months for those who wanted to bring their parents and grandparents to Canada.

The commission, however, dismissed his complaint, a decision later upheld by a federal judge.

In a ruling released Wednesday, the Federal Court of Appeal said the decision by the human rights commission to dismiss the complaint was unreasonable.

It overturned the lower court decision that there was a “bona fide” justification for the differential treatment. The court referred Attaran’s case back to human rights commission for reconsideration.

“The explanations provided by CIC (Citizenship and Immigration Canada) confirm that it was differentiating adversely based on family status by treating sponsorship applications for parents more slowly than sponsorship applications for spouses and children,” wrote Justice Wyman W. Webb on behalf of the three-member panel. “As a result, CIC was carrying on a discriminatory practice.”

In dismissing Attaran’s complaint, the human rights watchdog had said it did not appear immigration officials treated the complainant in an “adverse differential manner based on age.” It also concluded that the delays do not deprive parents and grandparents the access to permanent residency.

“There is no reference to undue hardship . . . in the decision of the (human rights commission). There is a reference, though, to the justification being ministerial discretion and a general reference to challenges being imposed on ‘the resource allocation for’ CIC,” said the appeal court decision.

Immigration program for parents ‘discriminatory,’ Federal Court of Appeal rules | Toronto Star.

Immigration rules so unclear applicant can be given high-pass or a fail on same paperwork, court says

Interesting. While the Court upheld the particular decision, does look like more clarity needed:

A financial analyst from Pakistan applying last year for permanent residence status in Canada as a federal skilled worker was given a score of five points, out of a potential 25, in the education category of her assessment.

It was argued in court that different assessments of the same credentials could have scored her 19 or even 23 points.

Federal Court Justice Cecily Strickland found all three scores could have been seen as correct or “reasonable.”

“Having reached the conclusion that the [visa] officer’s decision was reasonable, I would also note that the alternate interpretation suggested by the applicant was also a possible outcome,” Judge Strickland wrote in a recent decision released this week.

The process is “less than a model of clarity,” she wrote.

“It’s a little bit absurd,” said Matthew Jeffery, a Toronto lawyer acting for the applicant, Minaa Ijaz, in an interview.

“All of these rules are quite new and the regulations for assessing how many points are awarded for qualification have been rewritten recently by the Conservatives.

“This case was the first to challenge them and it will take some back-and-forth in the courts to assess how the rules are written and interpreted.”

Immigration rules so unclear applicant can be given high-pass or a fail on same paperwork, court says

Kenney says changes to temporary foreign worker program in Alberta not exemptions

Seems a reasonable transitional adjustment (others may disagree), responding to employer pressure:

In a letter to Conservative MPs last week, Kenney says the federal government is giving a one-time exemption to temporary foreign workers in Alberta from being counted under the cap on low-wage workers, provided they meet strict criteria.

Kenney says this will allow employers to apply for renewed Labour Market Impact Assessments while their existing temporary foreign workers pursue permanent immigration.

As well, Kenney says in the letter that Citizenship and Immigration Canada will provide a one-year bridging work permit to TFWs who are subject to the four-year limit.

The letter says this should provide some relief to employers who have TFWs that have already applied for immigration and are in the queue waiting for their applications to be assessed.

The Alberta Federation of Labour says the Conservative government has caved in to pressure from low-wage employers who want to hold on to “exploitable” temporary foreign workers for a longer period of time.

“Last June, the Harper government promised to limit the number of TFWs that low-wage employers could use. But now, they’ve quietly broken their promise and changed the rules,” AFL president Gil McGowan said in a news release Tuesday.

Kenney says changes to temporary foreign worker program in Alberta not exemptions

Québec devrait inciter les immigrants à s’installer en région, croit Charles Taylor

Immigrants tend to go where they perceive the jobs are so not sure how realistic this proposal is.

But his reference to having more immigrants in the hinterland to reduce some of the fears among some “Québécois de souche” through more contact with newcomers has merit:

L’avantage de ce procédé serait double: disperser l’immigration et combler les emplois vacants en région.

«Ce sera une espèce de marché qu’on conclut avec une personne: il y a ce travail concret, on a beaucoup de mal à le remplir. Vous allez le remplir, alors là on est très d’accord pour vous faire passer rapidement à travers toutes les étapes» du processus de sélection, a-t-il illustré.

Entre 2009 et 2013, deux immigrants sur trois (70 %) ont choisi de prendre racine à Montréal. Si on inclut Laval et la Montérégie, on découvre que la très grande majorité (84 %) des nouveaux arrivants s’implantent dans la métropole ou autour, dans ce qu’il est convenu d’appeler le «450».

Leur présence en région paraît infinitésimale: 0,1 % ont choisi la Gaspésie, 0,2 % l’Abitibi et 0,3 % le Saguenay, durant la même période.

Avec son collègue Bouchard, M. Taylor proposera donc, notamment, un moyen d’inverser cette tendance, lors de leur témoignage jeudi devant la commission parlementaire qui se penche sur la future politique d’immigration québécoise.

C’est une approche gagnant-gagnant, fait-il valoir: «Il suffit qu’il y ait un contact humain entre les immigrants de toutes sources et les Québécois de souche, qu’ils se fréquentent un peu et les différentes craintes, les préjugés, les paniques, disparaissent.»

La sélection des candidats pourrait même être conditionnelle à leur acceptation de s’installer en région. Mais M. Taylor prône une approche plus incitative que coercitive. Il ne s’agit pas de leur «forcer la main», mais de créer des conditions favorables.

Québec devrait inciter les immigrants à s’installer en région, croit Charles Taylor | Jocelyne Richer | Politique québécoise.

60 millionaire immigrant investors to be offered permanent residency

Still distasteful ‘selling of citizenship,’ the only difference is the price. After all, these are not active investors or entrepreneurs, just people with money to put into an arms-length venture capital fund:

The new Immigrant Investor Venture Capital program will open on Jan. 28 to Feb. 11 or until a maximum of 500 applications are received, the government quietly announced before MPs returned to Ottawa this week.

“This pilot program is designed to attract immigrant investors who will significantly benefit the Canadian economy and better integrate into our society, which will contribute to our long-term prosperity and economic growth,” Immigration Minister Chris Alexander said in a written statement.

No more than 60 principal applicants will receive permanent resident visas under the pilot program, even though the government says it will accept up to 500 applications.

Each investor will be required to make a non-guaranteed investment of $2 million over approximately 15 years into a fund managed principally by BDC Capital, the investment arm of the Business Development Bank of Canada.

The government said the fund “will invest in innovative Canadian startups with high growth potential.”

“Proceeds from the IIVC fund will be distributed to the immigrant investors periodically… based on the performance of the investments,” a spokesman for Alexander said in an email to CBC News.

The details of the program along with the selection criteria to apply appear in the latest ministerial instructions published in a government publication over the weekend.

The government is hoping to have better luck with this program than it did with the last one.

“Under the former Immigrant Investor Program (IIP), immigrant investors had to invest $800,000 in Canada’s economy in the form of a repayable loan, without meeting skills and abilities requirements of most of Canada’s economic immigration programs,” the government acknowledged in a public statement before MPs returned to Ottawa this week.

“Research indicated that immigrant investors under the previous program were less likely than other immigrants to stay in Canada over the medium to long term. Also, they contributed relatively little to the Canadian economy, earning very little income and paying very little tax.”

60 millionaire immigrant investors to be offered permanent residency – Politics – CBC News.

Quebec preparing major reform to immigration policy

Quebec_Unemployment_Rate

National Household Survey 2011

Imitation is the highest form of flattery, with Quebec Minister Weil wanting to appropriate the Canadian model linked more closely to employer needs.

As indicated in the chart above, visible minority unemployment rates are significantly higher than non-visible minorities in Quebec:

Ms. Weil told The Canadian Press she was ready to launch a “big reform” of relations between new immigrants and Quebec society at-large by the end of the year, a process that will include the revision of Quebec’s immigration law.

Everything will be on the table: the number of immigrants welcomed annually, the selection process and favoured countries of origin, the importance of knowing French before arriving, French language courses, the recognition of training undertaken abroad, regionalization, and the sharing of common values.

The minister said she wanted a wide-reaching debate on the issues, and was “very open to everything that will be proposed.”

Fifty stakeholders are expected to participate in public consultation hearings over the next few weeks on the future of immigration to Quebec. The province’s current policy has been in place for 25 years.

A later consultation will also be held on two specific aspects of immigration: the number of immigrants Quebec wants to welcome every year and their countries of origin.

The emphasis, however, will be placed on the economy and balancing between the recruitment of new immigrants and workforce needs. Finding candidates that can fill empty jobs will be key, and on that point, Quebec is being inspired by Ottawa.

Last year, the federal government reformed its selection process for new immigrants. With the focus now primarily on filling jobs, every candidate for immigration to Canada must produce a “declaration of interest” showcasing his or her ability to meet employers’ needs.

Weil said she wanted to appropriate that model. “ What I want to arrive at, is an immigration system based on the Canadian model,” she said.

Quebec preparing major reform to immigration policy – The Globe and Mail.

Couples in limbo demand audit of spousal sponsorship program

More processing delays at CIC, likely caused by more rigorous anti-fraud measures and the management issues related to shifting processing from one centre (Vegreville) to another (Mississauga):

Canadians caught up in Ottawa’s backlog in processing in-country spousal sponsorships are calling for an audit of the troubled program.

Processing times have tripled recently. Thousands of Canadians are now having to wait more than two years to acquire permanent resident status for their foreign spouses already living in Canada. That means living in limbo for the foreign partner, including not being allowed to take a job or access health care coverage.

A national online group called Canada Inland Spousal Sponsorship Petitioners says Citizenship and Immigration Canada (CIC) must immediately establish “service delivery standards,” as recommended by the Office of the Auditor General in a scathing report in 2010.

“As a Canadian who has lived, worked and paid taxes here for 25 years, I just feel like a second-rate citizen,” said Malcolm White of Oshawa, who married wife Anne in 2011. The Birmingham, England, resident joined him here two years later and filed an application for permanent resident status in December 2013.

“There is no transparency or accountability with the system. Canadians’ spouses should have the first priority to live in this country,” White said.

Canadians have the option to sponsor a foreign wife or husband either from abroad or within Canada; many prefer to do it here, so they don’t have to be apart during the processing.

A spousal sponsorship is a two-stage process: the sponsor has to be assessed and approved before the foreign spouse can be screened for medical clearance, background checks and other verification.

Currently, inland applicants must wait 17 months — up from six months in 2013 — for stage one, and eight months longer for stage two.

And, not unexpectedly, some of the examples of couples caught up in these delays, do not fit the profile of marriages of convenience that the anti-fraud measures were intended to counter.

Couples in limbo demand audit of spousal sponsorship program | Toronto Star.

NDP MP to challenge Chris Alexander over visa data requests

Further to the earlier post (Minister Alexander helped bureaucrats avoid giving full details on visa wait times), more detail on the amount of work required.

Tend to believe the points made by the parliamentary briefings coordinator: if the data base can’t spit out the information and the data needs to be manipulated (technical use of the term) in Excel, this time required would increase exponentially.

Not necessarily a reason to refuse what is a valid request (an extension could have been requested):

She also warned the massive quantity of data involved would lead to server crashes, thus further delaying the process.

“We estimate that the [temporary resident] population being requested corresponds to upwards of 16,000,000 records,” she wrote.

“The tools currently at our disposal do now yet fully integrate all the TR data and would therefore require substantial amount of manipulation in Excel of a very large amount of data, which regularly results in system crashes and slower processing of requests of this magnitude.”

The next day, Gagnon’s colleague, Amanda Morelli, called off the search.

“You can hold this work — [the minister’s office] has come back to advise ADMO that we will use the same response we provided to Q-359,” Morelli wrote in an internal email — a reference to an earlier reply to a similar written question filed by Liberal MP John McCallum.

NDP MP to challenge Chris Alexander over visa data requests – Politics – CBC News.

The far right spreads its wings over Europe

Good survey of the rise of intolerance and right-wing anti-immigration parties by Jonathan Manthorpe and his plea for perspective:

There’s no doubt at all that public fears of Islamist violence have been stoked by government alerts and alarmism — a trend that started before the 9-11 attacks. More recently, western governments — including our own — have seized on the psychopathic Islamic State group in Syria and Iraq, warning that Muslim citizens recruited into IS will return with terrorist skills and cause havoc at home.

As with the Charlie Hebdo attack, the “lone wolf” killings of two Canadian soldiers in Quebec City and Ottawa in October have been held up as evidence of the threat of radicalized Muslims living in the West. What’s missing from these panic-fueled statements is anything like perspective.

Remember, just two Canadian misogynists — Robert Pickton and Marc Lepine — together accounted for the deaths of 63 people. And on any bad day, Canada’s warring drug gangs in greater Vancouver and Toronto notch up death tolls far outstripping anything Islamic terrorists can come up with. And most mass killings of Mounties in recent years — four at Mayerthorpe in 2005 and three in Moncton last June — have been perpetrated by mentally unstable Canadians with hunting rifles.

The far right spreads its wings over Europe (paywall)

And Gwynne Dyer on the situation in Germany:

Germany is taking in more immigrants than ever before: some 600,000 this year. That’s not an intolerable number for a country of 82 million, but it does mean that if current trends persist, the number of foreign-born residents will almost double to 15 million in just 10 years. That will take some getting used to—and there’s another thing. A high proportion of the new arrivals in Germany are Muslim refugees.

Two-thirds of those 600,000 newcomers in 2014 were people from other countries of the European Union where work is scarce or living standards are lower. They have the legal right to come under EU rules, and there’s really nothing Germany can do about it. Besides, few of the EU immigrants are Muslims.

The other 200,000, however, are almost all refugees who are seeking asylum in Germany. The number has almost doubled in the past year, and will certainly grow even larger this year. And the great majority of the asylum-seekers are Muslims.

This is not a Muslim plot to colonize Europe. It’s just that a large majority of the refugees in the world are Muslims. At least three-quarters of the world’s larger wars are civil wars in Muslim countries like Syria (by far the biggest source of new refugees), Iraq, Yemen, Somalia, Afghanistan and Libya.

Asylum-seekers: The limits of tolerance in Europe

And a more encouraging story from Germany, that of Professor Mouhanad Khorchide:

In his lecture, the long conversation and a telephone call after the shootings on Wednesday at the office of the satirical newspaper Charlie Hebdo in Paris, Mr. Khorchide was calm and optimistic, delivering insight with a Viennese lilt in his German.

He expressed fear that extremists on both sides would try to use the attack for their own ends. “The Muslim extremists will say, ‘Oh, look how strong and mighty we are,’ ” he said, “while those who fear Islam will say, ‘See, that is what Islam is, and what we were warning about all along.’ ”

He said he expected more attacks, but also more questioning from Muslims. “Such events force us to discuss openly about theological positions,” he said. “It is too simple to say, ‘No, no, that has nothing to do with Islam.’ These people,” he added of jihadists, “are referring to the Quran, and we must confront these passages in the Quran.”

His students, he said, were angry after the Paris shootings. In part, they were upset with Muslim extremists seeking to please what they consider a false idol. But they were also resentful that now “they must justify themselves: ‘We are peaceful,’ ” he said. “And this constant justifying and defending oneself is annoying.”

Europe’s populist current “whips up fears where no fears exist,” Mr. Khorchide said. “For instance, the Islamization of Europe: Demographic data shows that this is a fantasy.”

Furthermore, he noted, Muslim children born in Europe now tend to adopt its ways, the tiny minority who go off to fight in Iraq and Syria notwithstanding.

Teaching Islam’s ‘Forgotten’ Side as Germany Changes

Lastly, from the Netherlands, not surprising to see a spike in support for Geert Wilders.

But interesting that the Dutch PM declined to use the word “war” in favour of  a more nuanced expression, yet one that also communicates resolve:

Wilders, known for his inflammatory rhetoric, said after the Paris bloodshed that the West was “at war” with Islam, drawing a rebuke from Dutch Prime Minister Mark Rutte on Sunday.

If elections were held now, his party would be the single largest in the Netherlands, with 31 seats in the 150-member parliament, more than twice as many as it won in the last elections, according to a Sunday poll.

The governing Liberal and Labour parties, damaged by persistent sluggish growth, would have just 28 seats between them, compared to the 79 they held after the 2012 elections.

The Freedom Party was polling 30 seats just prior to the Jan. 7-9 Paris attacks, in which 17 people including journalists and policemen were killed by three Islamist gunmen who were later shot dead by French special forces.

Wilders this week called in an interview for measures against Islam: “If we don’t do anything, it will happen here,” he was quoted by the newspaper Het Parool as saying.

But speaking to Dutch public television shortly before leaving to attend a peace rally in Paris, the Dutch prime minister distanced himself from Wilders’s comments.

“I would never use the word ‘war,'” he said. “We are in a struggle with extremists who are using a belief as an excuse for attacks.”

More than 80 percent of respondents to the De Hond poll said people who left the Netherlands to wage jihad (holy war) in Syria should lose their Dutch citizenship and those returning from fighting in Syria or Iraq should face lengthy jail terms.

Paris attacks boost support for Dutch anti-Islam populist Wilders | Reuters.

Ottawa to limit number of foreign youth working in Canada

Further to my earlier post (Foreign youth TFW program a risk to youth employment, documents say), appears the Government has decided to cut the program in 2016 both for the valid reason given concern over bilateral irritants and how to manage them, along with further efforts to increase Canadian uptake for foreign opportunities, and likely also to punt and controversies post-2015 election:

Ottawa has reciprocal agreements with 32 countries, but is concerned that Canada accepts far more young workers each year than the number of young Canadians accepted by partner countries.

A Dec. 12 document reveals that Mr. Harper decided partner nations should be warned that quotas will be “reduced significantly” for 2016 unless they take steps to accept more Canadians.

An earlier document dated Oct. 27 shows the government was preparing to manage the fallout from foreign countries that would likely object to quota reductions in the program.

The Oct. 27 document specifically states that any reforms were to be delayed until after Canada and South Korea ratified a long-sought free-trade agreement, a development that occurred in early December.

“Of note is that 24 of the 32 countries’ programs (predominantly in the EU) are slated to be cut between 50 and 99 per cent,” states the Oct. 27 document, which describes a letter from Mr. Alexander to Mr. Harper outlining the minister’s “optimal approach” for reforming the program.

“The letter notes that the cuts will present bilateral irritants in many cases, however consideration has been given to deferring any changes to the quota for South Korea until the [free trade agreement] has been ratified,” it states.

The letter goes on to say that the Prime Minister would respond to the minister in the next few weeks. The Dec. 12 document describes Mr. Harper’s decision.

“The PM indicated that 2015 quotas will be maintained at the 2014 levels but reductions will be implemented in 2016, based on a detailed assessment to be conducted by [Citizenship and Immigration] in consultation with [Foreign Affairs],” the document states.

Ottawa to limit number of foreign youth working in Canada – The Globe and Mail.