Filipiniana News – April
2012
RHYME & REASON
It appears that Citizenship and
Immigration Minister Jason Kenney is truly living up to his reputation as an
“energizer bunny” in that he just keeps on going with seemingly nonstop major
changes to Canada’s immigration laws and regulations.
After all the recent changes that I
summarized in last month’s article, the CIC Minister recently announced yet
another major change. Simultaneous with
the government’s annual budget announcement, Minister Kenney announced the plan
to return the applications and refund the processing fees paid by most skilled
worker applicants submitted before 27 February 2008. This is allegedly meant to eliminate the
backlog and is estimated to affect about 300,000 applicants worldwide, while
facilitating the implementation of a “fast and flexible” and “just in time”
immigration. CIC states that the
affected applicants are welcome to reapply under the new rules, but no doubt
many of them will not anymore qualify or will be too burnt to even trust that
CIC is still capable of treating their applications in a fair and expeditious
manner.
Understandably, this recent news
came as a shock to many, especially for those applicants affected and their
families. Many of them have patiently
waited in the queue for at least four years (and likely much more) in the hope
that their permanent residence applications will eventually be given positive
consideration. Most of these applicants (or their immigration lawyers and
consultants) were unlikely to have expected something like this to happen - for
many, it is almost like playing a game where the rules were suddenly changed
midway, catching the players totally unaware and leaving them upset, confused
and even angry. .
Many are questioning the
implications of this development on the basic principles of fairness and on
preserving the integrity of the immigration system. Whether CIC will backtrack and heed the
critics, is yet to be seen. The CIC
Minister has time and again announced that he is determined to reform the
country’s immigration system and introduce a new one that will be responsive to
the economic needs of Canada. Sadly, I
think that this is partly where the problem lies – in putting too much emphasis
on the economic dimension, often at the expense of all other relevant and
equally important dimensions.
These neglected dimensions include
the preservation of fundamental Canadian values of moral responsibility, family
unity, human rights, among others.
Although these values are not directly and clearly measured in economic
terms, they should be given equal weight in any decision-making process
involving matters as vital as immigration law and policy.
One cannot argue with the need to
match immigrant skills with jobs that will utilize and maximize those
skills. However, the proposed measure of
allowing the “pre-screening” of applicants’ qualifications by the prospective
employers and “choosing the best and the brightest” who can immediately
contribute to the Canadian economy
sounds like an oversimplification or a “quick fix” to a problem that
took several years to develop.
The CIC Minister is often quoted as
saying “it’s just common sense,” referring to his economic-based solutions to
the current systemic problems surrounding Canada’s immigration programs.
Although the economic issues are
admittedly important in ensuring the well-being of immigrants and their
families, they should not be the sole basis of any reform initiative. The human dimension of immigration tends to
get overlooked when the ultimate objective is measured solely in quantitative
standards.
Some examples of this human
dimension include the immigration objectives of family reunification, of
providing refuge to those fleeing persecution in their home countries, and
upholding international standards of human rights, peace and development.
If Canada’s immigration objectives
are single-mindedly geared towards recruiting the “best and the brightest” from
other nations, how different is that from the colonial and neo-colonial
extraction of the natural resources of poor and less-developed countries? As a responsible member of the international
community, and even as a self-proclaimed leader in upholding internationally
accepted values, Canada should think twice about perpetuating exploitative
practices that will only further the already grossly unequal distribution of
wealth among nations and their peoples.
It also behooves Canada to treat
everyone fairly, including those who seek to enter and live permanently in this
country. Instead of imposing drastic
measures such as returning their applications after patiently abiding by the
rules, Canada should instead consider alternative but fair measures. .
For one, revamping the rules may
well be an important part of the solution, but this should be complemented with
continuing efforts to provide the necessary supports that are needed by the
immigrants to become fully integrated in their new home. Even the “best and the
brightest” will undoubtedly benefit from
these support mechanisms to help familiarize themselves with their new
environment and which will eventually allow them to thrive. Settlement programs should therefore be
strengthened and revitalized as they are an important and crucial component to
achieving a balanced, healthy, meaningful and successful immigration
program.
Hopefully, our energetic and
well-meaning CIC Minister will continue to heed reasonable and equally
well-meaning voices in the ongoing quest for solutions to the longstanding
problems in Canada’s immigration system.
Understandably, diametrically opposed political ideologies can affect
views as to where immigration reforms should be headed. However, these should not be allowed to serve
as a deterrent towards achieving the universal goals of justice, fairness and
humane treatment for all, whether in immigration or in other areas of public
policy.
The author
is an immigration lawyer in the GTA and
may be reached at deanna@santoslaw.ca.
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