Citizenship and Immigration Committee on May 14th, 2008

[Elizabeth Lim]

Yes.

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

And the instruction itself would have to be charter-compliant, would it not?

[Elizabeth Lim]

Yes.

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

I would suggest that once the instruction is issued, it would need to be charter-compliant, but those applying the instruction would have to apply it in accordance with the charter. Would you agree?

[Elizabeth Lim]

Yes, but then again you have to define charter compliance.

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

Now let me ask you—

[The Chair, Conservative, Norman Doyle]

You have to be fair. You have to give the witness some time to elaborate on what she's saying.

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

Under the present system, anyone can make any number of applications on humanitarian and compassionate grounds. Would you agree?

[Elizabeth Lim]

They can, but most of the time they're deported before they can make multiple applications.

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

But they can make one, and sometimes they make more than one from within Canada.

[Elizabeth Lim]

Yes, they can, but most of the time they are deported before they can make more than one and oftentimes before they can make even one.

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

And they can also make them from without.

[Elizabeth Lim]

They can make it from outside Canada, yes.

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

If a skilled worker applied under the new system from outside Canada and didn't succeed, based on the instruction that the minister issues, could he apply from outside Canada on humanitarian and compassionate grounds?

[Elizabeth Lim]

Technically, anybody can apply from outside the country. How many people do? Not very many at all.

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

There are not many who apply from outside Canada. But a failed skilled worker under the instruction could apply from outside Canada.

[Elizabeth Lim]

Yes, he could. He'd wait years and years for it to be processed and then it would probably be rejected.

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

In fairness, subclause 25.(1) doesn't say that an application can't be made from outside Canada and considered on the merits. It doesn't say that.

[Elizabeth Lim]

It would be useless if the application was there and then it was returned unopened.

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

Let me read it. It says:

The Minister shall, upon request of a foreign national in Canada who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s 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 relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.

[Elizabeth Lim]

Yes.

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

So would it be fair to say that an application can be made from outside Canada and may be considered on its merits if the minister so decides? Would you agree?

[Elizabeth Lim]

Yes, but why does the minister put it in there?

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

But—

[Elizabeth Lim]

What's the point of the minister putting it in?