The Future of H&C

Canada Immigration Forum (discussion group)


 
       
Subject: The Future of H&C
  To All

Please read this excerpt regarding H&C future applications.

Bill C-11 was designed to speed up our lethargic refugee process and was touted as the mechanism by which claims could be decided in two months as opposed to the current average of 19 months.

However, the bill contained a bit of a surprise. It contained a subtle, but important change in language, not to our refugee program, but to Canada’s Humanitarian and Compassionate (H&C) program which had previously remained undiminished by many previous governments.

For many years, our immigration laws gave the federal cabinet and, more recently, the minister of immigration, the power to admit virtually anyone to Canada as a permanent resident “owing to the existence of compassionate or humanitarian considerations”.

Accordingly, applicants and their counsel have always submitted and relied upon evidence of hardship that affected not only the applicant but also their spouses and children and others who benefited by the applicants presence in Canada.

In 2002, the language was changed slightly giving the Minister the power to admit an applicant “if it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected”.

This wording, i.e. “relating to them”, was sufficiently ambiguous to allow the minister to continue to consider the hardship of removal, not only of the applicant, but also of others directly affected by the applicant’s circumstances.

In sharp contrast, the proposed legislation requires the minister to look only at the H&C considerations “relating to the foreign national, taking into account the best interests of a child directly affected.”

The Bill also creates an unprecedented exclusion to our H&C program. Currently, if a person made a refugee claim but lost because they were either poorly represented, were missing some compelling evidence at the time of the hearing, or because the country conditions were not as bad as they are now, they could always apply on H&C grounds setting out these circumstances in the hopes that the Minister would grant them permanent admission. However, Bill C-11 expressly states that when deciding an H&C application, “the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee…or a person in need of protection”.

Minister Kenney currently has the power to take into account virtually any H&C consideration to ensure that justice is done.

Why is he now looking to abdicate this power even in circumstances where a person’s life might be at risk?

Guidy Mamann

Let´s say a unmarried woman from China who has made a refugee claim & is currently six months pregnant has decided NOT to abort her fetus and wishes to have a baby.

Having a child out of wedlock is not against the law in Canada!
Having a child out of wedlock IS against the law in China!

The child will be a Canadian when born. Canadian L:aw does not allow the Best Interest of the Child to be considered until the child is actually born.

This Chinese Mother would be fined six times the disposable income for her province if she is removed.
The Canadian child would NOT be allowed to attend school unless her mother pays foreign student fees.
The Canadian child would never be allowed to work, start a business, marry etc. in China.

China does not recognize dual citizenship!

Yet Minister Kenny thinks if he passes his legislation in two months he is being fair and showing sufficent compassion.

Roy
cvimmigration.com


[22-06-2010,07:56]
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Roy
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