Thank you.
I'm also very concerned about proposed subclause 25(1.3), which restricts the factors an immigration officer can consider in an H and C application. The section purports to eliminate consideration of factors related to refugee determination decisions or to risk to life or risk of torture decisions under section 97. Currently, H and C officers are not limited in any way in terms of the facts they are able to present. I imagine this section is intended to block refused refugee claimants from having another kick at the can--that is to say, from raising their refugee facts in an H and C application to see if that will work. The problem is this section reaches far beyond that goal in a way that, I submit, cannot be justified. First of all, it limits consideration of all personalized risk factors, whether or not a person has even made a refugee claim in the first place, let alone raised the same risk factors in an H and C application. For my clients, it would mean an immigration officer would not be able to consider the fact that they would not be able to find work because of mandatory HIV testing, or that they would be kicked out of housing because of HIV status.