RHYME & REASON

Filipiniana News   -   July 2018 Only the most hardened of hearts will not be moved by video footage and photos of children   separated from their parents in the aftermath of the United States' zero tolerance immigration policy. While we express concern over, or join protests against, this heartbreaking news from south of our border, we must not forget that Canada has its own similar issues, albeit committed in subtler, but not necessarily more justifiable ways.    Since one of the main objectives of Canada's immigration policy is to reunite families,   priority is supposedly given to family class sponsorships and the automatic inclusion of spouses and dependent children in most permanent residence applications.   Sadly however, this objective is often thwarted in ways that many people may not even realize.    Rigid Application of Age Limit for Dependent Children   The age limit for dependent children   in Ca...

Filipiniana News – June 2018   One of the initial questions asked by someone who had just received an immigration application refusal is: can we file an appeal?   Many are surprised or disappointed to learn that the answer is not a simple yes or no.     First, an appeal in the immigration context has a specific technical meaning.  It is a right generally given only to permanent residents (PR) and which can be brought before the Immigration Appeal Division of the Immigration and Refugee Board (IRB) in specified cases.   These include family sponsorship refusals, non-fulfilment of residency obligation  and issuance of removal orders.  The only exception to the PR requirement is in the case of failed refugee claimants who may file an appeal with the Refugee Appeal Division of the IRB. In most other instances, a negative immigration decision may be elevated to the Federal Court via an application for leave and judicia...

Filipiniana News   -   May 2018 After 40 years, the Canadian immigration policy on medical admissibility due to "excessive demand" had recently been updated to "strike a balance between protecting publicly funded health and social services" and becoming more consistent with "current views on the inclusion of persons with disabilities."   These changes, which are expected to take effect on 1 June 2018, consist of the following:   1. increasing the cost threshold for medical inadmissibility to three times the previous level;   2.   amending the definition of social services by removing references to special education, social and vocational rehabilitation services and personal support services; and 3.   implementing administrative reforms such as providing further training to immigration and medical officers, centralizing medical admissibility assessment in one office and improving language that will explain the process to applicants. ...

Filipiniana News   -   April 2018 Legal temporary residents of Canada are those who have valid status as students, workers or visitors.   With the ever changing state of Canada’s immigration laws and regulations, many temporary residents may inadvertently lose their status due to ignorance, misinformation or even carelessness.   Those who have lost their status are understandably fearful of being removed anytime soon and thrown on the next flight back to their home country.   However, misconceptions about the removal process abound and are misleading even temporary residents who may still have valid status in Canada.   There are those who initially came to Canada as visitors, workers or students whose initial permits may have expired but whose extension applications are still pending.   Some of them fear that they may just be picked up by the authorities and detained since they could not show any proof of legal status.   Such fear ...