Citizenship and Immigration Committee on Feb. 25th, 2016

[Maia Welbourne]

Yes. We're actually undertaking a fairly significant outreach campaign to try to reach those foreign nationals who would be affected and could benefit from these special measures.

We issued a news release, as you may know, on February 5, particularly targeting media in Quebec, including ethnic media. We've posted a web notice on our website, which gives detailed information on the eligibility criteria and the application process. We're also sending out messages through our Twitter and Facebook accounts, and we're continuing to use social media and our web throughout the period that the special measures are in place to try to ensure that individuals are aware.

We're also about to send letters to the affected Haitian and Zimbabwean nationals, as well as stakeholders, and we are looking for the assistance of stakeholders and media to help spread the word and encourage individuals to apply. Our goal is in fact to get as many individuals to apply as soon as possible before the August 4, 2016, deadline.

[Bob Saroya, Conservative, Markham—Unionville, ON]

If I understand correctly, in December 2014, the Conservative government did the same thing too. They let them apply for six months. This year, in February, once again it's extended for another six months. I'm not sure what else we can do up here for them to apply for it. Looking from your end, you've been trying every single thing for them to come forward, if I hear you correctly.

[Maia Welbourne]

That's right. We're trying very hard to get the message out and ensure individuals are aware. As my colleague mentioned, we are also trying to make it very clear that this is not an attempt at an enforcement action. This is in fact the government looking to assist these people in finding a way to stay permanently in Canada through these special measures.

[Bob Saroya, Conservative, Markham—Unionville, ON]

A 93% approval rate is fantastic. It is good compared to 40% in the other cases. Is there anything special with this community that it has much better approval rates than anybody else?

[Michel Dupuis]

It's always difficult, I guess, to make an estimation or a judgment on why things happen in a good way. In this situation we have to remember that people have been in Canada, many of them, for more than 10 years. We think it's fair to assume that in 10 years you can build strong ties to Canada and with your community. Probably one of the reasons will be the length of time that people have spent here since the suspension of removal more than 10 years ago. In fact, I think it was 14 years ago. The length of time is probably a factor. Even if I'm not an expert in this, we don't process applications, but we can assume that length of time is a crucial element in a higher acceptance rate.

[Bob Saroya, Conservative, Markham—Unionville, ON]

I'm happy for them, but the difference between 40% versus 93% is huge. I'm assuming what you're saying is correct. They've been living in the country for a long time, as well as they have connected to the country.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, your time is up.

Ms. Kwan, you have seven minutes, please.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much.

On December 1, 2014, the temporary suspension removal was lifted for the Haitians and Zimbabweans, based on improved conditions. On the basis of which specific improvements was the temporary suspension removed?

[Maia Welbourne]

We're not in a position to answer that question. The decision to lift, impose, or maintain a temporary suspension of removal is actually under the authority of the Minister of Public Safety.

[Jenny Kwan, NDP, Vancouver East, BC]

Okay. There is a difference in terms of what's going on right now, because the moratorium is being lifted. What's happening for this group of individuals is that they have six months to reapply. There's a distinct difference between a moratorium versus what is being applied. That's a major distinction that I want to point out.

On December 10, 2015, Minister McCallum announced in the House of Commons that he would help to “regularize their status in Canada”, referring to the Haitians and Zimbabweans.

When did you receive instructions, first, to stop referring removals of nationals from these two countries to the Canada Border Services Agency and, second, that an additional six months had been granted to allow certain nationals of Haiti and Zimbabwe to apply for permanent residence without risk of removal from Canada?

[Michel Dupuis]

The announcement concerning the removal was made...or the decision is effective as of the date of suspension or the date of the special measures. So from that date, it means that people from Haiti and Zimbabwe cannot be removed to their country of origin unless they don't meet the criteria, as explained before. The announcement and the decision for not removing people coincide with the date of the announcement of the special measures.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

Earlier, someone touched on the reasons for removal. You listed a number of different reasons. Was there no pattern that emerged in terms of why a particular applicant was removed?

[Michel Dupuis]

Not that we know of, but it's fair to assume that with the sampling of 93 cases, or 93 people, it's a bit hard to find any evidence that there was one specific reason. We think it's a basket of reasons, as explained. People who have been returned to their country of origin claimed, for example, the best interests of the child but they didn't have children, or they had adult children in their country of origin, or they had not established or not demonstrated their ties to Canada.

I don't think we could assume that there was one specific reason or one pattern that was more important than the other.

[Jenny Kwan, NDP, Vancouver East, BC]

The numbers are 3,200 Haitians and 300 Zimbabweans. Can you give me the number of cases? Or are those the numbers of cases?

[Michel Dupuis]

The numbers....

[The Chair, Liberal, Borys Wrzesnewskyj]

Ms. Kwan, perhaps you'd like to go to the next question while they look for those numbers.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

The Canadian Council for Refugees has long advocated for the government to implement a program allowing all people under a temporary suspension of removal lasting more than three years to apply for permanent residence, arguing that it is difficult to live in limbo for a very long time.

I wonder if you can provide your opinion on what the advantages and disadvantages of such a program would be. In your view, what might be the effects of such a program and how many people could be affected?

[Michel Dupuis]

I can say that it would not be appropriate for us to comment on proposals made by the CCR, with all due respect.

[Jenny Kwan, NDP, Vancouver East, BC]

Do you have any information on what would be the advantages or disadvantages of the program?

[Michel Dupuis]

What we see with the current program is that people can submit an application on H and C to allow them to remain in Canada. Ultimately, with a program like this one, with the special measures, that is really the objective. It is to use the H and C as a way, a means, for people to be able to remain in Canada as permanent residents.

[Jenny Kwan, NDP, Vancouver East, BC]

In terms of granting permanent residence status under humanitarian and compassionate grounds, would the lifting of the temporary suspension of removals for those living in Canada for a prolonged period, in and of itself, be sufficient for the permanent residence status to be granted?

[Michel Dupuis]

Initially, when the previous special measures were announced, we were talking about approximately 3,200 people who were impacted by the lifting of the suspension of removals. Now, according to our numbers, for Haiti and Zimbabwe we're talking about approximately 1,000 people. This means that many people took advantage of the previous special measures. We hope that many more will be able to regularize their status. The numbers show that there is great progress, I think, in the number of people taking the right steps to remain in Canada as permanent residents, from 3,200 to approximately 1,000 now.

[Jenny Kwan, NDP, Vancouver East, BC]

If an applicant encounters difficulties in filling out the applications, is this person able to seek assistance from department officials on the application form? In situations where people submitted an application and maybe missed answering a particular question, or misinterpreted a question, would they have an opportunity to correct that information so that their application is not rejected on that basis?

[Michel Dupuis]

With respect to filling out applications, you mentioned a few stakeholders. People could seek assistance from outside the department. The department does not provide assistance in filling out the forms.

On the applications themselves, as we said before, these applications are being flagged and they are being considered on a priority basis. They're assessed by people who have a great deal of expertise. Without getting into too many details, I think the acceptance rate shows that the refusals are very few. In the numbers we have, we couldn't find that incomplete applications seemed to be a common reason for refusal. We don't have this in our examples.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Mr. Dupuis.

Mr. Tabbara.