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e-2917 (Citizenship and immigration)

E-petition
Initiated by Kassem Moustapha from Ottawa, Ontario

Original language of petition: English

Petition to the Minister of Immigration, Refugees and Citizenship

Whereas:
  • In response to calls for a special Temporary Resident Visa (TRV) for family sponsorship applicants to reunite sooner, Minister Mendicino highlighted the existing TRV process to apply for dual intent;
  • Spouses and loved ones applying with dual intent are routinely denied TRVs under paragraph179(b) of the Immigration and Refugee Protection Regulations because of their strong ties to Canada;
  • On August 4, 2020, a terrible explosion in the port of Beirut devastated the people of Lebanon; and
  • Despite the Government of Canada’s explicit promise to support visitor visa and spousal sponsorship applications of people affected by this disaster looking to reunite with loved ones, TRVs from the region are actively being denied under paragraph 179(b).
We, the undersigned, citizens and residents of Canada, call upon the Minister of Immigration, Refugees and Citizenship to:
1. Immediately create an exception to paragraph 179(b) for family sponsorship applications and reassess applications that have been denied under these grounds;
2. Transition this exception to a special TRV tailored to family sponsorships;
3. Create an ombudsperson to investigate complaints regarding assessments;
4. Meaningfully implement the promised help to the people of Lebanon; and
5. Process Lebanese applications with visa officers in Beirut instead of Ankara.

Response by the Minister of Immigration, Refugees and Citizenship

Signed by (Minister or Parliamentary Secretary): The Honourable Marco Mendicino

The legislative and regulatory framework that governs immigration and visa issuance reflects Canada’s managed migration approach and upholds the safety and security of Canadians. Every foreign national wishing to enter Canada for temporary purposes – whether to visit, work or study – must satisfy an officer that they will leave Canada at the end of the period authorized for their stay. This requirement, which is set out in Section 179(b) of the Immigration and Refugee Protection Regulations, is a foundational element of our well-managed immigration system.

The Immigration and Refugee Protection Act (the Act) recognizes that some foreign nationals who wish to immigrate to Canada permanently may wish to enter Canada for temporary purposes while they are waiting for their application for permanent residence to be processed. For example, spouses and partners with a spousal sponsorship application in progress can apply for a temporary resident visa (TRV) to be able to come to Canada as a temporary resident. These foreign nationals are referred to as having “dual intent” and as long as they can meet all statutory and eligibility requirements they will not be refused for a TRV simply because they have a permanent resident application in progress. 

To provide further guidance on dual intent, the Department updated instructions to officers on October 30, 2020, by providing factors for consideration specific to sponsored spouses and partners, such as whether the sponsorship application has been approved, etc.

Multiple measures are in place to ensure that visa decision making is consistent with the law. In instances where an applicant disagrees with a decision made on their application, mechanisms are in place for recourse. For example, Subsection 72(1) of the Act allows for applicants to seek leave and judicial review to the Federal Court with respect to any decision made by an IRCC officer. Further, IRCC provides the public with various channels to contact the Department, such as the Client Support Centre (via telephone or Webform) as well as providing Immigration Consultants and Representatives with a dedicated mailbox for non-case specific inquiries related to policies, legislation, and regulations.

Moreover, IRCC employees follow the Departmental Code of Conduct in their activities related to their professional duties. This Code includes all elements of the Values and Ethics Code for the Public Sector, and guides decision making on applications. The Department is also subject to performance audits by the Office of the Auditor General of Canada who assesses how well activities, responsibilities, and resources are carried out.

As described above, IRCC’s legislative and regulatory framework lends itself to supporting family reunification. This value for family reunification was at the centre of Canada’s response to explosion in the Port of Beirut. On September 3, 2020, IRCC announced facilitative measures to be put in place until January 31, 2021 to support those affected by the explosion. These measures allowed for the prioritization of TRV applications for immediate family members of Canadian citizens and Canadian permanent residents who were personally affected by the explosion in Beirut so they could join their loved ones in Canada.

Immediate family members included:

  • spouses
  • common-law partners
  • dependent children
  • parents or step-parents

While persons eligible under these measures remained subject to all statutory obligations, including eligibility and admissibility requirements, this response demonstrated IRCC’s commitment to supporting and facilitating family reunification, particularly during times of need.

While IRCC’s operations have been particularly affected by the COVID-19 pandemic, the Department remains committed to processing applications to allow for family reunification. IRCC is making advancements to move towards a more integrated and modernized working environment, which will help to speed up application processing globally. IRCC has digitized more of its operations and increased the amount of processing happening electronically as a means to uphold client service facilitation. IRCC is scanning and digitizing paper-based lines of business, and triaging electronic applications across the global network so that applications can be processed remotely by IRCC employees in a safe and secure manner. Since all overseas applications for temporary residence must be submitted electronically as per current Ministerial Instructions (with exceptions), they may be processed by more than one office in our global network. This ensures efficiency, particularly in an environment that is affecting capacity on an ever changing and global scale. For this reason, applications may or may not be decided upon by decision-makers at the office closest to where a client lives or where an application is submitted. IRCC ensures a robust Immigration Officer training program and regular exchange of country-specific information between offices such that all applications are processed in a consistent and legally authorized manner. Regardless of geography, all decisions are made in accordance with the Immigration and Refugee Protection Act and Regulations and we continue to ensure that clients have access to services close to home. This ensured continuity in Beirut after the port explosion, proving that local crises do not slow global visa processing. 

While the COVID-19 pandemic has altered IRCC’s service delivery, the Department continues to adapt and evolve to ever changing conditions to ensure facilitation and client service while respecting immigration legislation and regulations, critical for the safety and security of Canadians.

Open for signature
October 21, 2020, at 10:22 a.m. (EDT)
Closed for signature
November 20, 2020, at 10:22 a.m. (EDT)
Presented to the House of Commons
Jenny Kwan (Vancouver East)
March 26, 2021 (Petition No. 432-00738)
Government response tabled
May 10, 2021
Photo - Jenny Kwan
Vancouver East
New Democratic Party Caucus
British Columbia