Citizenship and Immigration Committee on April 8th, 2008

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Okay.

Now, just to clarify about the little girl you mentioned, I'm reading the proposed amendment in Bill C-50, or the portion relating to the Immigration and Refugee Protection Act, and it says, as I read it, that the minister may, on her own initiative,

or on request of a foreign national outside Canada, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations

I'm asking you: you could make a humanitarian and compassionate application, and it may be considered an appropriate case on those bases. Would you agree with me?

[Geraldine Sadoway]

No, because the proposed amendment says that the minister “may” consider. No one is saying the minister has to grant—

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

No, but she can consider it and grant it.

[Geraldine Sadoway]

But she “may” consider it.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Just answer the question. She can consider it and grant it, if she wishes.

[Geraldine Sadoway]

Yes, she could.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

For those who are under her instruction in the department.

[Geraldine Sadoway]

But she could just say “I'm not dealing with any of those cases”—

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

True, but she—

[Geraldine Sadoway]

—and that would be legal, whereas the Federal Court, now, would have a chance to review that decision.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

What I'm saying is just for the record: that application could be granted under the legislation--isn't that correct?

[Geraldine Sadoway]

But whether she even considered it would be completely discretionary.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Now, just on some other points, if you didn't have a positive decision for a refugee claim, you could go to humanitarian and compassionate grounds in Canada any number of times under the new bill, couldn't you?

[Geraldine Sadoway]

Only if you are still in Canada.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Right. I said in Canada, so let's...okay?

[Geraldine Sadoway]

Yes, if you were still in Canada, but you would be removed way before.... We deal with those cases. You don't really have “any number of times”: you are removed from Canada.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Are applications made on more than one occasion?

[Geraldine Sadoway]

Usually if people are underground for a long period of time, it happens that a second application might be made, because circumstances are changed.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

You could also have an application for a pre-removal risk assessment.

[Geraldine Sadoway]

A pre-removal risk assessment has a 3% success rate and does not even reconsider what was seen at the refugee hearing--

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

You could apply for leave to appeal to the Federal Court.

[Geraldine Sadoway]

Yes.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So you could have a hearing from the Federal Court?

[Geraldine Sadoway]

The Federal Court--

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Just answer the question. Could you do that?