Mr. Chair, Members of Parliament and members of the House of Commons Standing Committee on Citizenship and Immigration, I would like to thank you for the honour and opportunity of appearing before your Committee today to discuss the issue of undocumented workers.
For your information, my name is Félicien Ngankoy Isomi and I am originally from the Democratic Republic of the Congo. I was married here and am the father of two children born here. I am one of the leaders and members of the Communauté Catholique Congolaise de Montréal and would like to share my experience as an undocumented worker in Canada.
I arrived in Canada on September 29, 1999, and my refugee claim was heard before the Immigration and Refugee Board (IRB) a few years later, in September 2002. I personally wrote to the chairperson of the IRB to express my concerns, and he only wrote back to offer regrets. It wasn’t until July 2004 that I received a negative decision from the Board, indicating that I was excluded pursuant to section 1F of the Immigration and Refugee Protection Act.
After many unsuccessful attempts, I applied for a pre-removal risk assessment (PRRA), which was rejected in September 2005. Through the application for judicial review that was allowed by the Federal Court in November 2005, I was able to obtain a stay on removal to my country of origin, which is under a moratorium, simply because the moratorium does not apply to my case.
I applied a second time for a PRRA and a visa waiver on humanitarian grounds based on the fact that I was married here and am the father of two children born here, that I had submitted proof of income, and that I had the support of my employer, the Archbishop of Montreal and several organizations, including the Red Cross, where I am a volunteer. I even submitted a decision made by an English judge deferring any removal to the DRC because of torture and instability. But in spite of all this evidence, my application was rejected in December 2007. I could be removed to my country at any time.
I am here before you today as a result of a stay I obtained as a result of the intervention by the United Nations Human Rights Committee, which believes that my removal to the DRC is risky, and because Canada recognizes the widespread insecurity there by maintaining the moratorium on deportation to that country. As well, the Department of Foreign Affairs advises Canadians against travel to the DRC on its website because of that widespread insecurity.
I am now going to talk about my experience as an undocumented worker. I went to university and hold a law degree from my country, but my degree is not recognized here. Therefore, I can neither study or work given that I am unable to obtain equivalencies simply because I do not have the resources to study as a foreign student.
Let me point out that I started working three months after arriving in Canada in 1999, in manufacturing, telemarketing, and so on. Since I am limited by a lack of status, I must renew my work permit every year and there are no guarantees. I am skilled and able to do better for my family, but since my hands are tied, I must work so I can take care of my small family. Although my children were born here, they do not enjoy all the rights, benefits and privileges that are extended to other children, simply because I have no status. My children are undeniably second-class Canadians.
There is no way out. I have no future and no plans, and I cannot allow myself to make plans because I don’t know if I’ll still be here tomorrow. There is no way to describe how I feel; I am but one of many survivors who cross their fingers, hoping that one day the Canadian government will realize that our situation is inhumane, and that we may finally see the light at the end of the tunnel after so many years of despair.
We worry about getting sick because our temporary health card does not cover all types of care. We are stressed because we are undocumented and end up getting sick, as I did. I was hospitalized for two months, April and May 2007, which included two weeks in intensive care while in a coma at the Maisonneuve Rosemont hospital. I was dying and about to leave my wife and children to fend for themselves. I thank God that I am still alive today.
I have just highlighted what many undocumented workers in Canada, including me, are going through. Their lives are on hold and they have no real prospects of becoming permanent residents. As for me, I have only two options: agree to return home to be arrested and killed, or stay here without status and die a slow death. Those who find themselves in a legal void like me suffer painful and tragic consequences: their job prospects are uncertain and limited; they cannot go to school and continue their education; they are ineligible for the Canada Child Tax Benefit, even though they work and pay taxes like all Canadians; they can only access emergency health care; they cannot travel outside Canada; and they struggle with intense feelings of injustice, despair and hopelessness. All these cases underscore the urgent need for a comprehensive solution.
The following are a few recommendations: call upon the Government of Canada to create a prescribed class that would grant permanent residence to all undocumented workers who have lived in Canada for at least three years, by stipulating specific criteria such as no criminal record and the degree of integration into the host community; improve training for Immigration Canada and border services officers so they can gain a better understanding of international and refugee issues as well as international migration in order to avoid making decisions that are very often questionable; provide the resources to implement the Refugee Appeal Division as set out in the Immigration and Refugee Protection Act; although the Government of Canada funds many programs to bring in workers and immigrants from abroad, many such people are already here and working, contributing to Canada’s socio-economic development by paying taxes and ask only to be recognized; allow Canadian children, if possible, to sponsor their parents who are undocumented workers who have been working here for at least three years, because Canadian law recognizes that it is in the children’s best interests to live and grow up with their parents.
Thank you for your attention.