Category: Refugees

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Refugees

Canada Opens Immigration Pathways for Palestinians in Gaza to come to Canada

airport

Canada remains committed to accepting and welcoming refugees from all over the world. Beyond welcoming refugees on an ongoing basis, Canada also responds to conflicts around the world with immigration measures specifically designed to aid refugees from affected regions. In recent years, Canada has instituted temporary policies and special immigration measures for refugees from Afghanistan, Sudan, Ukraine, Turkey, and Syria. With the support of the Government, these immigration measures have allowed people in need from around the globe to escape from crisis and find refuge in Canada.

Israel and Hamas Conflict

On October 7, 2023, conflict between Israel and Hamas, the governing body of the Gaza Strip, broke out again. On this date, Hamas invaded Israel and, in response, Israel invaded the Gaza Strip. A humanitarian crisis has followed after the outbreak of the conflict in the Gaza Strip, with many civilians in both Israel and Gaza being displaced as a result of the intense fighting, which has continued into early 2024.

Canada’s Immigration Response to the Israel and Hamas Conflict

Since the conflict began on October 7, 2023, the Government of Canada has worked to help Canadian citizens, permanent residents and their eligible family members flee from Israel, the Gaza Strip, and the West Bank.

On December 21, 2023, Immigration, Refugees and Citizenship Canada announced that special immigration measures were being implemented to support family members of Canadian Citizens and permanent residents from Israel, the Gaza Strip, and the West Bank, as well as Israeli and Palestinian nationals who are already in Canada. As of December 21, 2023, foreign national family members of Canadian citizens and Permanent Residents who have left Israel, the Gaza Strip, and the West Bank, as well as Israelis and Palestinians already living in Canada, have been able to apply for fee-exempt study permits and open work permits.

Fee-Exempt Study Permits

In order for foreign nationals to study in Canada, they require a study permit. In most cases, foreign nationals are required to pay an application fee of $150 dollars when applying for a study permit. However, individuals included as part of the December 2023 initiative will not be required to pay this fee, and instead, their study permit application will be fee-exempt. However, the typical requirements for a study permit application, including having proof of acceptance into a designated Canadian learning institution along with proof that the applicant is able to pay for tuition and other living expenses, must still be met.

Open Work Permits

Open work permits are work permits that are not tied to a specific employer or job. Rather, the holder of an open work permit can be legally employed throughout Canada for the duration of the work permit. Open work permits allow for more flexibility for the holder given that the holder is not bound by their permit to work for one employer.

January 2024 Announcement of New Temporary Resident Pathway

On January 9, 2024, the Canadian Minister of Immigration Marc Miller announced that a new temporary resident pathway (the “pathway”) for extended family members of Canadian citizens and permanent residents in Gaza has been opened. This pathway is intended to provide support for Palestinians who have family members living in Canada that are willing and able to support them for a period of one year. Eligible family members under the pathway include spouses, common-law partners, children, grandchildren, siblings, parents or grandparents of a Canadian citizen or permanent resident, as well as their immediate family members. The new temporary resident pathway for Palestinians will allow individuals access to open work permits and fee-exempt study permits from the December 21, 2023 announcement.

Additional Supports Included in Temporary Resident Pathway

Those who are accepted as temporary residents will also be given three months of health coverage as part of the Interim Federal Health Program to address any urgent medical needs they have when they arrive in Canada. There will also be settlement support services available to those who arrive as temporary residents in Canada. These services will also include language training, support with finding employment, and support with connecting within the local community that the people settle in. The temporary resident visas are valid for up to three years, or until the end of the holder’s passport validity, whichever date comes first.

Canada has also acknowledged that it may be difficult for people to leave Gaza at this point for a multitude of reasons. Applicants who are able to leave Gaza, and are eligible to apply under the temporary resident pathway must meet the other general conditions of the pathway and must be otherwise admissible to Canada. This includes the biometrics requirement, which must be completed before approval to enter Canada will be issued.

Cap on Admissions for Temporary Residents from Gaza

Prospective applications should be aware that the number of temporary residents allowed to enter Canada under the new pathway is not unlimited. Applications will be open until January 9, 2025, or until 1,000 temporary resident visa applications have been received and accepted for processing, whichever condition is met first. The cap on the number of people who can come to Canada under this program is in place as the Government has described the situation in Gaza as volatile and acknowledges that many people may experience difficulty when attempting to leave.

The cap on the program has caused some backlash against the Canadian Government, as it was pointed out that after the conflict between Ukraine and Russia began, a similar program was instituted for Ukrainians which was accompanied by a much larger cap of 200,000 applicants. However, if the cap is approaching capacity, or the cap is reached, it is possible that the cap may be increased or the program could be expanded based on comments made by Immigration Minister Marc Miller. Minister Miller indicated that Canada wants to get a sense of what the volume could be and will then consider expanding the program from there.

Contact Garson Immigration Law for Canadian Immigration Assistance

The skilled lawyers at Garson Immigration Law are exclusively dedicated to the practice of immigration law and we regularly advise clients on various immigration matters. We pride ourselves on developing robust and tailored legal solutions to the most challenging immigration situations for both businesses and individual clients. Our immigration law team assists clients with a wide variety of immigration matters, including permanent residence, citizenship, work and study permits. To schedule a confidential consultation and learn how we can assist you, please call our office as 416-321-2860 or reach out to us online.

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Refugees

Canadian Government Responds to Crisis in Sudan, New Immigration Measures Implemented

In April 2023, fighting broke out in Sudan, a country located in northeast Africa. The fighting is primarily between the Sudanese military and a paramilitary group, the Rapid Support Forces. The disputes started largely due to a leadership struggle between the two groups. The fighting has unfortunately resulted in over 500 civilians killed, with many more injured. The situation has caused an international crisis, as countries worldwide are scrambling to help evacuate their citizens and embassy personnel from the crisis-ridden country.

Canadian flights out of Sudan

The Canadian military announced that flights out of Sudan have temporarily stopped for the time being. Around 400 Canadian citizens and permanent residents have been evacuated from Sudan since the conflict began in the middle of April.

Approximately 1,800 citizens and permanent residents notified Global Affairs Canada they were in the country, and approximately 230 of those continue to seek assistance in leaving. Although flights have ended, there may be other avenues through which Canadians can leave Sudan. A list of resources that can be used to contact Global Affairs Canada can be found here for those who are seeking to leave the country.

Canada’s Response to Conflict in Sudan

The Canadian immigration system has been impacted by the recent strike of Canadian Government employees who are part of the Public Service Alliance of Canada. This strike affected immigration services, causing some services to be completely unavailable and others to suffer longer delays and backlogs than usual.

However, despite the strike, the Canadian government, along with Immigration, Refugees and Citizenship Canada, have responded to the situation in Sudan through Canadian immigration initiatives that will benefit those from Sudan who are currently in Canada.

In late April, the Canadian government announced two significant updates regarding Sudanese nationals in Canada and options for those seeking to remain in Canada and avoid returning to Sudan amidst the current conflict.

Sudanese Nationals Can Extend Their Stay in Canada

The Canadian government has allowed Sudanese nationals currently in Canada to extend their stay in the country. The decision has been made to provide temporary relief to those who are unable to return to Sudan due to the ongoing crisis. This decision aligns with the Canadian government’s consistent efforts to support refugees and displaced persons worldwide and follows similar efforts made recently during conflicts in Afghanistan and Ukraine.

Sudanese visitors, students, and temporary workers can extend their stay or change their status free of charge. Further, the Canadian government understands that some permanent residence applicants cannot access some of their documents because of the conflict. As such, the passports and travel documents requirement has been waived for permanent resident visa applications for Sudanese nationals who want to come to Canada.

Status will not be granted automatically. However, Sudanese nationals who are currently in Canada must apply for an extension of their stay before their current status expires. To do so, they must complete the necessary application process for the status they are applying for.

Canada to Provide Further Support to Sudanese Nationals

The Canadian government has also pledged to support Sudanese nationals affected by the ongoing crisis. The support will be available for those living in Canada and those who have been displaced from their homes.

The Canadian government has committed to providing funding to support humanitarian efforts in Sudan. This funding will be provided to organizations working on the ground in Sudan to assist those affected by the crisis. The Canadian government has also urged the international community to help support Sudanese nationals during the crisis.

Further, the Canadian government has announced that they will work with Sudanese community organizations in Canada to provide support to those affected by the crisis. This support will include access to basic necessities, such as food and shelter, and mental health support.

Help for Sudanese Nationals in Canada Going Forward

The Canadian government’s decision to allow Sudanese nationals to extend their stay in Canada and provide support to those affected by the ongoing crisis reinforces Canada’s commitment to providing a safe haven for refugees and displaced persons worldwide.

While these measures to help Sudanese nationals in Canada are helpful, they are only temporary in nature. If the crisis in Sudan persists and returning to Sudan is deemed to be unsafe, a more permanent immigration solution for those in Canada will be needed.

For now, these additional measures are intended to allow Sudanese nationals to remain in Canada and avoid returning to a dangerous situation. If the crisis continues, it is expected that the Canadian Government will implement further Sudan-specific immigration initiatives and policies.

Contact Garson Immigration Law for Canadian Immigration Assistance and Advice on Temporary Measures

The skilled team of immigration lawyers at Garson Immigration Law in Toronto helps clients work through each stage of the Canadian immigration process. Our team also remains on top of the ever-changing regulations and immigration policy updates, particularly those which address ongoing conflict around the world. Regardless of your situation, our lawyers will work to develop a strategic and effective solution to your unique immigration needs. If you have questions about making an immigration application or seek clarity regarding temporary immigration measures, contact us online or call our office at 416-321-2860.

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Refugees

Canada Unveils New Immigration Program for Turkish and Syrian Nationals

Part of Canada’s rich immigration history includes embracing an ongoing and active role in helping refugees worldwide. Canada is one of the international leaders in the development of refugee law and asylum claims. However, the manner in which refugees can come to Canada has changed significantly over the years. 

Recently, Canada instituted the private sponsorship of refugees, which allows groups of Canadian citizens to help refugees come to Canada. Refugees can also apply directly to the Canadian Government at a port of entry. 

Recent Canadian Responses to Crisis around the World

When international humanitarian crises occur, the Canadian Government often develops special programs through which refugees, who are victims of the crisis, can come to Canada to be resettled as permanent residents. To date, the Government of Canada has continued to take an active role in responding to international humanitarian crises. 

Public Action Plan for Afghanistan

Shortly after the Taliban regained control of Afghanistan in August 2021, Canada created a public action plan to resettle at least 20,000 Afghan refugees in Canada. Shortly after the plan was created, the cap was increased to 40,000 Afghans who could be welcomed as refugees. 

Refugees who have been welcomed to Canada under this plan have been supported by both the government and private sponsorship. Since August 2021, Canada continues to update policy regulating which individuals are eligible to come to Canada from Afghanistan. Currently, there is a new temporary public policy which allows extended family members of language and cultural advisors to come to Canada. 

Overall, 29,010 Afghan refugees have been settled in Canada, and the Canadian Government anticipates many more individuals will be settled in the coming years.

Recent Conflict in Ukraine

When the conflict between Russia and Ukraine began in February 2022, Canada quickly responded to the burgeoning refugee and humanitarian crisis. The Government of Canada created the Canada Ukraine authorization for emergency travel to assist Ukrainians displaced by the war to come to Canada through visitor visas quickly. Canada also developed additional permanent settlement options. 

For Ukrainians seeking to come to Canada, many newcomer services are available to provide necessary assistance. Additionally, the government has waived the application fee for individuals from the Ukraine and has allocated priority processing of emergency travel applications.

The initiatives which have been implemented for Ukraine and Afghanistan highlight Canada’s commitment to helping those in need. Now, in the wake of another crisis, Canada has responded again. 

New Temporary Policy and Priority Processing for Turkish and Syrian Refugees 

Canada has created a public policy in response to the humanitarian crisis in Turkey and Syria. Recently, Turkey and Syria suffered from a devastating earthquake that unfortunately killed tens of thousands of people and destroyed large amounts of infrastructure in the two countries. 

The humanitarian crisis arose from this situation and Canada has since announced support for Turkish and Syrian individuals by providing $50 million in relief support funds.

Going one step further, Canada has developed a temporary public policy through which Immigration, Refugees and Citizenship Canada is processing temporary and permanent residence applications from those from Turkey and Syria on a priority basis. This includes applications for refugee resettlement. 

The priority processing is particularly pertinent as Canada has a substantial backlog of applications to be processed. However, allocating priority processing to applications from Syrian and Turkish people will help ensure that they are able to arrive in Canada as quickly as possible. This priority allocation includes visa applications for immediate family members of Canadian citizens and permanent residents.

Temporary Policy in Place Until September 2023

The temporary policy came into effect on March 29, 2023 and is set to end on September 25, 2023, barring any extensions. 

Under the policy, Turkish and Syrian nationals can continue to study, work or visit family by applying for an extension of their status. Applications for extension of status will have their fees waived during the period of the public policy. The Canadian Government indicates that this policy will make it easier for Turkish and Syrian nationals to stay in Canada, and even more between temporary residence streams. 

Further, Canada recognizes that the earthquake resulted in substantial damage and loss of personal belongings, such as passports. Therefore, Canada is waiving the requirement for residents of those countries to have a passport or travel document in order to be approved for a permanent resident visa to come to Canada. 

Easier Travel for Those Returning to Canada From Turkey or Syria

For Canadian citizens and permanent residents who may be in Turkey or Syria right now, Canada is also easing the requirements for those returning to Canada. There will be no fees for temporary passports, limited-validity passports, emergency travel documents, or Canadian citizenship certificates and permanent resident travel documents for those currently in Turkey and Syria. 

Application Numbers Continue to Rise

The Canadian Government estimates that there are around 16,000 applications currently in progress from individuals in Turkey and Syria. Of these, approximately 1,700 people from the two countries are from areas directly impacted by the earthquakes and it is anticipated that these numbers will continue to grow. 

Immigration, Refugees and Citizenship Canada has also said that additional information regarding applications under this program will be provided in the coming weeks. Therefore, if you or a loved one are seeking to come to Canada from Turkey or Syria, be sure to check for updates regarding eligibility and applications.

Contact Garson Immigration Law in Toronto for Assistance with Immigration to Canada

The experienced immigration lawyers at Garson Immigration Law are dedicated to the practice of immigration law. Our firm helps demystify the complexities around immigration and works with clients to help ensure a smooth application process.   

Our lawyers actively work to create customized and effective solutions to meet all your immigration needs. If you have any questions about immigration to Canada, please do not hesitate to reach out to us online or call our office at 416-321-2860 to learn how we can assist you.

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Refugees

Canadian Government Announces Expansion of Private Sponsorship of Refugees Program

Canada is a nation that has a long, although primarily positive, history with allowing refugees to enter and settle in Canada. Although refugee law and processes have changed greatly over the years, Canada has consistently accepted refugees from around the world.

The Canadian Government defines refugees as people who have fled their country due to a well-founded fear of persecution and cannot return to their home country. A distinction is made between refugees and immigrants in that immigrants choose to leave their country and settle permanently in another country. In contrast, refugees are individuals who have been forced to flee to a new country. 

This article will provide an overview of the Canadian Government’s recent expansion plan for the Private Sponsorship of Refigees Program.

Options When Seeking Refugee in Canada

Today, there are a number of ways in which individuals can seek refugee protection in Canada. A person can either make a refugee claim directly to the Canadian Government as an in Canada asylum claimant, or they can come to Canada through a refugee sponsorship program. 

In certain humanitarian crises, the Canadian Government may also create special refugee application programs for those who are impacted by those crises. Recently, the situations in Ukraine and Afghanistan have prompted the Canadian Government to create special programs to accommodate refugees from those countries. 

All of these options can allow refugees to gain permanent residence status in Canada.

Private Sponsorship of Refugees Program

In recent years, privately sponsored refugees have formed a large proportion of the refugees that are admitted into Canada. Private sponsorship of refugees is a growing alternative to individuals making refugee claims directly to the Canadian Government. Further, it allows individuals to apply from outside of Canada.

The Private Sponsorship of Refugees Program allows for refugees to be privately sponsored by a group or organization, with specific sponsorship permission, in order to come into Canada. It is important to note that individuals cannot privately sponsor refugees. 

Requirements for Private Sponsorship

In order for an organization or group to privately sponsor refugees, there are certain requirements that must be met first. Firstly, the group or organization must be approved by the Canadian Government. Once they have received approval, the group or organization is referred to as a Sponsorship Agreement Holder, which comes with a list of responsibilities. 

In order to sponsor refugees, Sponsorship Agreement Holders must show that they can support a refugee for the entirety of the proposed sponsorship period, which is typically one year. The sponsor is required to provide ongoing supporting, including:

  • financial assistance for items such as furniture and clothing;
  • on-going monthly costs for basic necessities such as housing, food, and public transportation; and
  • social and emotional support for the refugee. 

Once this level of support is established, the Sponsorship Agreement Holder must commit to supporting the refugee for the proposed sponsorship period.

Private Sponsorship Program Expansion

The Government of Canada has updated the Private Sponsorship of Refugees Program. In February 2023, the Government of Canada announced that sponsorship opportunities under the Private Sponsorship of Refugees Program will be increased this year to 13,500. This increase represents a large expansion of the Program in the last decade. The number of refugees Canada can accept through the Program has increased by a factor of 10 since the cap was first introduced in 2012. 

The Canadian Government expects that the updated cap will allow for new Sponsorship Agreement Holders to start sponsoring refugees and helping out those who are providing sponsorship. 

A total of 51 new organizations applied in 2022 to become new Sponsorship Agreement Holders, some of which are on track to be approved later this year.

Other Programs for Refugees are also available

The Private Sponsorship Program is not the only Program by which refugees can come to Canada. There is also the Government Assisted Refugee Program, and the Blended Visa Office Referred Program. These programs can help financially support refugees and lower the total cost of sponsorship.

Together will help the Canadian Government, these programs will help Canada reach its target number of resettled refugees and protected persons of 76,305 in 2023, as set out in the 2023-2025 Immigration Levels Plan. Of the 76,305 refugees and protected persons accounted for, around a third are privately sponsored refugees, with another third accounted for as government assisted refugees. Since the inception of private sponsorship of refugees in Canada, more than 300,000 refugees have been admitted to Canada via private sponsorship. 

Contact Garson Immigration Law for Help with Immigration Related Matters

Garson Immigration Law is a Toronto based law firm exclusively dedicated to helping clients move seamlessly through immigration applications and processes. The skilled immigration lawyers at Garson Immigration Law are dedicated to creating robust legal solutions, even in the most challenging situations. Serving both business and individual clients, our firm assists with a wide variety of immigration matters, including permanent residence, citizenship, work and study permits, and U.S. immigration. If you have questions about an immigration-related matter, please do not hesitate to reach out to us online or call our office at 416-321-2860.

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Canadian Immigration Refugees

Canada Expanding Immigration for Skilled Refugees

Canada prides itself on being a country that welcomes refugees from all over the globe. Canada continues to take an active role in assisting refugees escape various conflicts. In the last year, Canada has resettled more refugees than any other country in the world.

Canada’s Commitment to Welcome Tens of Thousands of Refugees

In 2021, when the Taliban took power in Afghanistan, Canada quickly committed to accepting 20,000 Afghan refugees as part of the Special Immigration Measures Program for Afghan nationals. The 20,000 person commitment was later increased to accommodate 40,000 refugees. As a result 26,735 Afghan refugees have arrived in Canada since August 2021.

Canada also quickly reacted after the beginning of the ongoing conflict in Ukraine which began in February 2022. The conflict created a refugee crisis as millions of individuals sought refugee status shortly after the conflict began. Canada took several measures to help Ukrainian refugees including the implementation of the Canada-Ukraine Authorization for Emergency Travel, which was created in order to welcome Ukrainians to Canada. This Authorization, in addition to financial assistance, remains open and ongoing.  

These crises have resulted in an expansion of Canada’s immigration policy. However, Canada has also expanded its refugee program in ways which work towards achieving other goals in conjunction with its refugee policy.

Economic Mobility Pathways Pilot

In a recent announcement, Canada has undertaken to welcome more skilled refugees to Canada as part of an expansion of the Economic Mobility Pathways Pilot. 

What is the Economic Mobility Pathways Pilot?

The Economic Mobility Pathways Pilot (the “Pilot”) is a program that combines refugee resettlement to Canada with economic immigration. The Canadian Government identified two primary benefits of the Economic Mobility Pathways Pilot. Firstly, the Pilot helps skilled refugees immigrate to Canada through existing economic programs and secondly, Canadian employers gain access to a new pool of qualified candidates to fill job openings. The latter point is especially important right now as the Canadian Government is focused on helping Canadian employers with alleviating the ongoing labour shortages.

The Economic Mobility Pilot Pathway provides substantial assistance to those who qualify for the program. The Pilot provides refugees with the following assistance:

  • applying for an economic program;
  • waiving the application and biometric fees for any dependents;
  • reviewing and processing the application within six months; and
  • covering the cost of pre-departure medical services and medical exams.

Various Economic Mobility Pathways Pilot Options

Before applying for Economic Mobility Pathways Pilot, applicants must apply to the Atlantic Immigration Program, the Provincial Nominee Program, or the Rural and Northern Immigration Pilot.

The Provincial Nominee Program is the most common program which refugees choose to apply to. The Program allows Canada’s provinces to nominate individuals to apply for permanent residence to live in that province. Decisions are made based on the provinces targeting individuals with specific skills sets and knowledge.

The Atlantic Immigration Program provides a pathway to permanent residence for those who want to live and work in New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador. 

The Rural and Northern Immigration Pilot was made to spread economic immigration to smaller Canadian communities. The number of immigrants accepted under these pilots is significantly smaller than the number accepted as part of the Provincial Nominee Program. However, they could still be a good option for refugees who want to live in rural communities or Atlantic Canada.

Eligibility for the Economic Mobility Pathways Pilot

In order to be eligible for the Economic Mobility Pathways Pilot, Applicants must:

  • be a Convention or country of asylum refugee
  • be outside Canada and their country of persecution
  • have no durable solution in the country they are living in
  • have a document that shows their refugee status, such as:
    • a valid, positive Refugee Status Determination,
    • proof that they are an asylum seeker abroad, registered or recorded by the hosting state, or
    • proof that they are registered as a person of concern by the United Nations High Commissioner for Refugees.

Applicants must be otherwise admissible to Canada and must be eligible for one of the economic immigration programs included as part of the pilot. 

Applying for the Economic Mobility Pathways Pilot

Applicants can apply for the Pilot on their own or with the help of a non-government partner. Partners can help Applicants connect with Canadian employers and help them prepare for job offers. Potential applicants can use various partners to help them, such as TalentLift, Talent Beyond Boundaries, and more. 

When applicants apply, they must apply for an economic immigration program, such as the Provincial Nominee Program, and apply for the Economic Mobility Pathways Pilot Program. The two applications are submitted together.

Recent Updates to the Economic Mobility Pathways Pilot

As part of the second phase of the Economic Mobility Pathways Pilot, which started in December 2021, Canada has helped settle approximately 500 skilled refugees. Now, Canada has expanded the pilot to welcome 2,000 skilled refugees over the coming years. These refugees will fill specific labour shortages in Canada in high-demand areas, such as healthcare, skilled trades and information technology. 

Canada is further committing $6 million to support six projects which are being conducted by partners of the Economic Mobility Pathways Pilot. These projects will help identify qualified candidates and support candidates and employers throughout the interview, hiring and immigration processes.

Contact Garson Immigration Law for Help with making an Immigration Application for Canada

Garson Immigration Law is a firm exclusively dedicated to practicing immigration law. We guide clients throughout the immigration process. Our team ensures that we remain up-to-date with changes in the law and policy to provide clients with appropriate and tailored advice. We work hard to develop practical solutions for our clients’ unique immigration needs to ensure that they are positioned for the best possible outcome. 

The immigration lawyers at Garson Immigration Law have extensive experience assisting clients with all aspects of immigrating to Canada. If you have questions about immigrating to Canada or making an immigration application, do not hesitate to reach out to us online or call us at 416-321-2860.

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Canadian Immigration Refugees

Voluntarily Returning to Country of Origin as a Refugee

Those who seek refugee status in Canada do so because they have no protection in their country of origin. By granting an individual refugee status, the individual gets international protection for as long as they require it. However, if an individual returns to the protection of their country of nationality, then they relinquish their refugee status. 

A recent Federal Court decision, Caballero v. Canada (Citizenship and Immigration), highlighted multiple ways in which an individual’s actions can be interpreted as having reavailed themselves of the protection of their home country. This means that they relinquish their refugee status and are back in the protection in their country of origin.

Relinquishing refugee status and returning to your country of nationality

How can a refugee voluntarily give up their refugee status and their international protection to regain national protection from the country of their nationality? Article 1 C(1) of the United Nations Refugee Convention states:

118. […] A refugee who has voluntarily reavailed himself of national protection is no longer in need of international protection. He has demonstrated that he is no longer “unable or unwilling to avail himself of the protection of the country of his nationality”. 

119. This cessation clause implies three requirements: 

a) voluntariness: the refugee must act voluntarily; 

b) intention: the refugee must intend by his action to reavail himself of the protection of the country of his nationality; 

c) reavailment: the refugee must actually obtain such protection.

Colombian man’s refugee status in Canada based on fear of persecution

In Caballero v. Canada, a Colombian refugee was found by the Refugee Protection Division to have reavailed himself of the protection of Colombia. This means that he relinquished the refugee status he had obtained to come to Canada by voluntarily returning to Colombia multiple times without extraordinary circumstances.

Mr. Caballero, a Colombian national, became a Canadian permanent resident in 2011. He had previously claimed refugee status based on his fear of persecution at the hands of individuals connected with the Revolutionary Armed Forces of Colombia (FARC). His wife and children still reside in Colombia.

Refugee Protection Division held refugee status revoked after multiple visits to Colombia

In October 2011, Mr. Caballero obtained a Colombian passport from the Colombian consulate. From 2011 until 2020, Mr. Caballero made nine trips to Colombia to spend time with his wife and children. In 2016, Mr. Caballero was questioned at the Canadian border about his frequent trips, and the border services officer referred the issue to the Minister of Citizenship and Immigration to cease his refugee status.

In 2021, the Refugee Protection Division accepted the application for the cessation of Mr. Caballero’s refugee status based on the finding that he had voluntarily reavailed himself of the protection of Colombia. Therefore, he was found to no longer require the international protection that his refugee status provided him.

Mr. Caballero disputed the decision, stating that the Refugee Protection Division did not consider that the Revolutionary Armed Forces of Colombia are a non-state actor and did not correctly assess whether he intended to reavail himself of the protection of Colombia.

Test for reavailment does not distinguish between state and non-state threats

The Federal Court dismissed Mr. Caballero’s application for judicial review, finding that the Refugee Protection Division’s decision was reasonable. It held that “the refugee protection regime does not distinguish between state and non-state actors.” As a result, the Court rejected Mr. Caballero’s argument that he had not revealed himself by obtaining a Colombian passport because the agents of his persecution were not related to the Colombian government.

As the test for reavailment is not based on a threat’s status as a government or civilian body, it was not relevant for the Refugee Protection Division to consider the fact that the Revolutionary Armed Forces of Colombia are not state actors.

Voluntary trips to Colombia proof that applicant does not fear persecution

The Federal Court ruled that the fact that Mr. Caballero returned to Colombia many times showed that he did not fear persecution. Further, one of the requirements for an individual to prove they are not seeking protection within their country of origin is evidence of hiding. In this case, Mr. Caballero took no steps to hide or remain discreet while in Colombia. Instead, he attended social gatherings, including a large wedding, which made him quite visible.

Finally, the Court found that no exceptional circumstances forced Mr. Caballero to return to Colombia, making his returns voluntary. Therefore, the Court found that Mr. Caballero had, in fact, voluntarily reavailed himself of the protection of Colombia, meaning he no longer qualified for his refugee status.

Contact Garson Immigration Law in Toronto for Skilled Assistance in a Variety of Immigration Matters

The highly experienced immigration lawyers at Garson Immigration Law provide clients with robust legal solutions to the most challenging immigration issues. Our firm assists businesses and individuals with various immigration matters, including temporary and permanent residence, Canadian citizenship, work visas, study permits, and U.S. immigration. To schedule a consultation, please contact us online or call 416-321-2860.

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Canadian Immigration News Refugees Sponsorship

A Brief Overview of Canada’s Refugee System

Over the past year, there have been major humanitarian crises around the world that have resulted in large numbers of displaced persons and refugees. In the summer of 2021, the end of western involvement in Afghanistan led to many people fleeing that country and becoming refugees. Currently, the conflict between Russia and Ukraine has resulted in some 2.8 million refugees fleeing from Ukraine mostly across Ukraine’s land borders into other European countries. Some sources are estimating the conflict will eventually result in around 5 million people becoming refugees. Although most of the refugees from Ukraine are currently still in Europe, eventually some will begin looking for other countries to settle in. Some of these refugees may even end up in Canada, as the Canadian Government has made a commitment to welcoming Ukrainian refugees to Canada on both temporary and permanent grounds. Given that Canada may see an influx of refugees as a result of the conflict, it is important for those coming to Canada to understand how to navigate the immigration and refugee system in order to have the best chance at staying in Canada.

What is a Refugee?

Before delving into the workings of Canada’s refugee system, it is important to know the definition that Canada uses for refugees. Canada defines refugees as people who have fled their countries because of a well-founded fear of persecution. Refugees are unable to return to their home country. A further distinction is made between refugees and immigrants in that immigrants choose to leave their country and settle permanently in another country. Refugees are forced to flee.

Canadian Refugee Streams

The Canadian refugee system is split into two main streams. There is the Refugee and Humanitarian Resettlement Program, for people who are making a claim from outside Canada and there is the In-Canada Asylum Program for people making refugee protection claims who are already within Canada.

Refugee and Humanitarian Resettlement Program

Refugees can come to Canada through the Refugee and Humanitarian Resettlement program through the United Nations Refugee Agency or through private sponsorship. Through the United Nations, refugees cannot apply directly to Canada for resettlement, and it takes some time to process refugee cases.

Private sponsors have sponsorship agreements with the Government of Canada whereby they promise to support refugees. Known as Sponsorship Agreement Holders, the private sponsor must financially support refugees during their sponsorship, provide settlement services to sponsored refugees and help them adjust to life in their community. There are other groups, such as Groups of Five and Community Sponsors who also sponsor refugees, so there are many options available for those looking to come to Canada through private sponsorship.

Coming to Canada from Ukraine? A visa is still needed

For Ukrainians outside of Canada, a visa is still required for travel to Canada. Although Canada is unveiling programs that will expedite the process of Ukrainians coming to Canada in light of the circumstances, there is still some visa requirements to apply for programs such as the Canada-Ukraine Authorization For Emergency Travel program that is being unveiled. The Canadian government has indicated that the visa requirement balances the speed of expediting the immigration process with Ukrainians with safety concerns about who is let into Canada.

Most of the typical visa requirements for travel to Canada from Ukraine have been waived based on the government’s plan, however, background screening and biometric information, such as fingerprints will need to be supplied by prospective travellers before leaving for Canada in order to obtain a visa. Immigration, Refugees and Citizenship Canada has said they have set up visa applications centres in countries that neighbour Ukraine, such as Poland and Romania. Although European Union countries have waived the visa requirement they had for travellers from Ukraine, there is no indication that Canada will do the same, despite taking measures to make it easier for Ukrainians to come to Canada.

In-Canada Asylum Program

For those already in Canada, the asylum process is less complicated. Refugee protection is available to those in Canada who have both a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries.

Not everyone is eligible to seek asylum, however. People are not eligible to make a refugee claim if they have been convicted of serious criminal offences or have had a previous refugee claim denied by Canada.

In order to make a claim after already arriving in Canada, you can submit the claim online through the refugee protection portal. A complete application is required, including all of your support documentation as well as the Basis of Claim form. It is a good idea to retain legal help in order to prepare any application.

Help available to Refugees in Canada

After refugees arrive in Canada, there are services available in order to help them adjust to life in Canada. Under the Resettlement Assistance Program, the Canadian Government helps government-assisted refugees with essential services and income support once they are in Canada in order to help them settle. Income support is available for up to one year for refugees who come to Canada who cannot support themselves. The amount is based on basic social assistance rates in each province and territory. There is additional support given during the first four to six weeks after refugees arrive in Canada in the form of helping to find a temporary place to live, helping to find a permanent place to live, assessing their needs, information and help getting to know Canada, and referrals to other federal and provincial programs and to other settlement services. There are further services available that help newcomers get language training in English and French, and access more support services as may be needed.

Call Garson Immigration Law in Toronto for assistance with any potential application

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of recent humanitarian crises around the world. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration changes in response to conflict. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News Refugees

Canada to Begin Accepting Ukrainians Fleeing Conflict to Canada, New Measures Implemented

The current conflict in Ukraine started on February 24 and continues to this day, with devastating impacts on the country and its population. The conflict has had large humanitarian impacts on Ukraine, including the displacement of millions of Ukrainians from their homes. The United Nations has determined that over 2 million Ukrainian people are currently refugees who have escaped the country to neighbouring countries within Europe. The United Nations further estimates that 4 million people may flee Ukraine as a result of the conflict.

Canada responds to Ukraine crisis

Canada has historically been at the forefront of welcoming refugees from conflict around the world and recently demonstrated again its commitment to welcoming refugees to Canada when Afghanistan fell to the Taliban in August 2021. Most recently, the Government of Canada responded to the current conflict in Ukraine by instituting immigration measures for affected citizens shortly after the conflict started.

The immigration measures implemented to address the conflict involved the Canadian Government urgently processing documents for Canadian citizens and permanent residents who were in Ukraine so they could return to Canada, prioritizing applications of people who live in Ukraine to come to Canada, and extending a temporary public policy that lets visitors to Canada, including those from Ukraine, apply for a work permit in Canada. Despite taking these measures, at the time there was no update on how the Canadian Government would treat the numerous Ukrainian refugees. On March 3, about a week after the conflict began, the Canadian Government clarified its policy toward refugees from Ukraine.

Canada to welcome refugees fleeing the conflict in Ukraine

A press release from the Canadian Government affirmed Canada’s support for the Ukrainian people. As a result of the conflict, Immigration, Citizenship and Refugees Canada is introducing new immigration streams for Ukrainians who want to come to Canada permanently or just temporarily.

For those fleeing Ukraine who want to come to Canada temporarily, a new authorization for travel called the Canada-Ukraine Authorization for Emergency Travel will be made available. Under the Emergency Authorization, there will be no limit to the number of Ukrainians who can apply to come to Canada. The Canadian government insists that the Canada-Ukraine Authorization for Emergency Travel is the fastest, safest, and most efficient way for Ukrainians to come to Canada and eliminates many of the normal visa requirements that are usually needed in order to come to Canada from Ukraine. All Ukrainian nationals will be able to apply under the Emergency Authorization, and after a background check and security screening, could have their stay extended by at least two years following arrival.

In the next few weeks, there will also be extended pathways open for applications to Canada. However, before the extended pathways are opened, the Canadian Government encourages Ukrainians to apply through existing programs, ensuring that their applications will be prioritized. The Government has also indicated that it will develop, and quickly implement a special family reunification sponsorship pathway for permanent residence for Ukrainian immediate and extended family members of Canadian citizens and permanent residents. This special family reunification sponsorship pathway will be developed over the next few weeks.

Importantly, it was announced that all Ukrainians who come to Canada as part of these special measures will be eligible to apply for open work permits which will make it easier for Ukrainian nationals to find employment in Canada. Ukrainian visitors, workers and students who are currently in Canada will also be issued open work permits by Immigration, Refugees and Citizenship Canada.

Additional immigration measures taken to support those affected by the Ukraine conflict

In addition to the measures mentioned above, the Canadian Government is supporting Ukrainian immigration in other ways. The first way will be the prioritization of applications for new and replacement travel documents for  Canadian citizens, permanent residents, and their immediate family members. There will also be urgent travelling of single-journey travel documents for immediate family members of Canadian citizens and permanent residents who do not have valid passports.

There have also been measures implemented to prioritize process citizenship grant applications for adoption. Since January 19, Immigration, Refugees and Citizenship Canada has approved around 2,000 applications from Ukrainian nationals and people residing in Ukraine to come to Canada, and this number is sure to rise due to increased prioritization of applications.

When applying to Canada there will now be a dedicated service channel for Ukrainians in Canada and abroad available to call at 613-321-4243. Collect calls to this number will be accepted. Further, emails inquiries to Immigration, Refugees and Citizenship Canada containing the keyword Ukraine2022 will be prioritized. Immigration measures will continue to be updated and can be found on the Canadian Government webpage. An example of an immigration measure that was updated is one that allows Ukrainians who are not fully vaccinated to enter Canada if they have a temporary resident visa, temporary resident permit, or written notice of approval for an application for permanent resident in Canada.

The Canadian Government has further indicated that it is taking additional steps to prepare for the increased volume of applications in order to efficiently process applications. Be sure to look out for additional measures to help the Ukrainian people in the coming weeks as the conflict continues, and Ukrainians continue to leave their country.

Coming to Canada? Contact Garson Immigration Law for assistance with making an application

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulation. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to the current conflict in Ukraine and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration Refugees

Busy Week in Immigration: Border Regulations Change and Government Response to Ukraine Conflict

February 28 Canadian Border Regulation Change

In a world marred by inconsistency and new challenges brought on by the COVID-19 pandemic, one thing that has remained consistent during these trying times are frequent regulation changes for travel into Canada. The rules regarding entry into Canada changed again on February 28, 2022, in response to decreasing levels of COVID-19 within Canada and generally around the world. The Canadian government adjusted its Travel Health Notice where it now no longer recommends that Canadians avoid travel for non-essential purposes.

Despite the new regulations representing a relaxation of the stringent restrictions on travel that have been in place since the beginning of the pandemic, it is still important for prospective travellers to Canada to be aware of the regulations in order to ensure that they have the best chance of being granted entry into Canada through compliance with the regulations.  

Part of the new regulations is what the government says is easing on-arrival COVID-19 testing for fully vaccinated travellers. There are still going to be travellers who are randomly selected for on-arrival testing upon entry into Canada, however this seems to suggest that less testing will be conducted. Also, now travellers awaiting on-arrival test results will no longer be required to quarantine while awaiting the result of their COVID-19 test. Vaccinated travellers will still need to have a quarantine plan and use the ArriveCAN app in order to enter Canada.

There is some continuity in the regulations as children under 12 years old who are travelling with fully vaccinated adults will still be exempt from any quarantine requirements upon entry into Canada. There is also continuity in the rules for unvaccinated travellers to Canada, who are required to take a COVID-19 test upon arrival in Canada, another test on day 8 after arrival, and quarantine for 14 days after arrival. Unvaccinated foreign nationals still cannot enter Canada unless they fit into one of the narrowly recognized exceptions for entry. 

There has been some controversy over the pre-arrival COVID-19 testing requirement for entry into Canada. In the new regulations, the testing requirement remains, but there will be more options available to travelers to satisfy the testing requirement. Previously, travellers coming into Canada had to show proof of a negative molecular COVID-19 test taken no more than 72 hours before the scheduled flight or arrival at a port of entry in order to meet the pre-entry requirements. Now, travellers have the option of using a molecular test, or a COVID-19 rapid antigen test taken a day prior to their scheduled flight or arrival at a land border. If a traveller opts for the rapid antigen test, they must ensure that it is a test that is authorized by the country in which it was purchased and it must be administered by a laboratory, healthcare entity or telehealth service. Taking a rapid antigen test at home that has not been authorized does not meet the requirement.

Canadian Immigration Response To Ukraine Conflict 

The conflict in Ukraine has created a dire situation for everyone in the country, and Ukrainian nationals who are abroad without permanent status. The Canadian government has taken steps since the beginning of the conflict to help those who have been impacted, including adding more ways to contact Immigration, Refugees and Citizenship Canada in order to receive answers to immigration questions as quickly as possible.

The Canadian government is urgently processing new and replacement passports and travel documents for citizens and permanent residents of Canada in Ukraine, so they can return to Canada at any time. This measure includes document processing for immediate family members of people who are receiving the aforementioned documents who want to come with the person receiving the documents. 

The Canadian government will further be prioritizing many applications to come to Canada for people who currently live in Ukraine. The applications included in the prioritization effort include permanent residence, proof of citizenship, temporary residence, and citizenship grants for adoption. 

There will also be an extension of a temporary public policy that lets some visitors in Canada, including Ukrainians, apply for a work permit from within Canada. This means that people who receive a job offer can remain in Canada and begin working while their work permit application is processed. This extension will allow Ukrainians who may have had to return to Ukraine to remain in Canada longer. The government has indicated that it is working to make sure that Ukrainians working, studying, and living in Canada can stay in Canada. 

No Word Yet on Refugees

The conflict in Ukraine has resulted in a mass exodus from the country, as more than 600,000 civilians have fled Ukraine since February 24. Recently, there was another refugee crisis when the Taliban took control of Afghanistan. After the Taliban took control, the Canadian government made a special allowance for Afghans to come to Canada as refugees.  

There has been no word yet from the Canadian government on if there will be a special refugee allowance that will be allocated to Ukrainian citizens, in a similar fashion to the one that was created for Afghans. When Afghanistan fell, Minister of Immigration Marco Mendicino said: 

“Offering refuge to the world’s most vulnerable speaks to who we are as Canadians, particularly in times of crisis.”

Given his words, it is likely we will see some sort of program created by the Canadian government for Ukrainian refugees at some point in the future.

Call Garson Immigration Law In Toronto For Help With Your Immigration And Travel Related Issues

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19, and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.