Citizenship and Immigration Committee on March 3rd, 2011

[Chantal Arsenault]

That is why we are having that suggestion of saying one parent or the other could be considered as the principal applicant. I think it would be difficult to put all of the children as principal applicants, but we could certainly mention that their applications should be continued as well.

[The Chair, Conservative, David Tilson]

Thank you, Mr. Shory.

Mr. Trudeau, you have a minute.

[Justin Trudeau, Liberal, Papineau, QC]

Thank you, Chair.

I'd like to hear your legal perspective as the Canadian Bar Association on something you say about the doctrine of dual intent in subsection 22(2), which makes it clear that an applicant's intention to become a permanent resident does not preclude them from becoming a bona fide temporary resident.

In our riding offices we see people being rejected all the time for visitor visas because as parents and grandparents they've also got a multi-year wait time to become permanent residents. Is there really no contradiction? Has CIC been wrong as often as that to imply that someone applying can't apply for temporary residence if they have permanent residency on the way?

[Chantal Arsenault]

That's what the changes in 2002 did in terms of saying that it is possible to have both intents, but it is not given to every applicant to benefit from the discretion that arises. They will still want to know that the person will leave Canada at one point if the person has to.

The way I understand the test is that if you have indicated an intent to be permanent in Canada, you also have to convince the officer that if your application were to be refused, you would leave Canada. That's when they look at things like ties to their home countries and ask why the person would leave, because if the person were to be refused, they don't think the person would leave. It's in those situations that you would see those refusals.

[The Chair, Conservative, David Tilson]

Thank you.

Do you have a final comment?

[Deanna Okun-Nachoff]

The department has to look for certain indicators as to whether there is permanent or temporary intention. That's the formula being utilized right now. We're suggesting that maybe it doesn't fit this particular group of applicants. That's why we're asking for those criteria to be removed and for more objective criteria to be looked at to establish eligibility.

[The Chair, Conservative, David Tilson]

Thank you, Mr. Trudeau.

Ms. Okun-Nachoff, Ms. Froc, and Ms. Arsenault, we thank the three of you for coming and making your presentation to us.

The witnesses are dismissed. Thank you very much.

[Proceedings continue in camera]