Dear Readers:

Immigration has always been one of the most important issues for Canada. Immigration programs, policies and law have always had and will continue to have an enormous impact on the prosperity, growth and the well-being of Canada. Almost everyone in Canada is either an immigrant or is a descendent of immigrants. Everyone has opinions on who should and who should not come to Canada. We all agree that immigration impacts us in every area of our life. The contributions of immigrants in the economy, our culture, the arts and every aspect of our life are significant.

Immigration has preoccupied my life for the past 35 years. I started with the Department of Immigration in 1967 and in 1997, after 30 years, took early retirement. For the past 5 years I have been both an immigration practitioner and an advocate for fair immigration programs and policies.

While with the Immigration Department, I enjoyed opportunities to work in every aspect of immigration and to have managed almost all immigration programs and operations including the following positions:

• Manager, Canada Immigration Centres, Toronto and Calgary;
• Manager, Immigration Adjudicators;
• Manager Immigration Settlement Programs (Ontario Region and Greater Toronto);
• Quality of Service Coordinator, Ontario Region;
• Team Leader, Operational Reviews, Ontario Region;
• District Special Inquiry Officer (Alberta);
• Immigration Appeals Officer, Toronto;
• Director, Recruitment and Selection, Ontario Region.

I know that some of the most discussed articles in any major newspaper or other media are articles dealing with immigration matters, both individual cases and immigration policies. Still, most people, often including the media are uninformed and unaware of the reality of immigration law, programs and policies, based on news stories that appear.

The purpose of this newsletter is to share with the public immigration matters including case studies, related law, programs, policies and procedures and actual as well as proposed changes. In addition, this newsletter is a forum for voicing your input and opinion. Your voice can direct the Immigration Department and promote systemic change so that the Department and its laws better represent and serve you.

I invite you to send comments on issues raised and articles that appear, to ask questions about any immigration matters and to share immigration experiences with other readers.

Sincerely,


Sol Gombinsky
SOLUTIONS Immigration Consulting

This is the first of a series of articles that will appear in this newsletter regarding the new Canadian Immigration Act, Regulations and related legislation that has been passed by Parliament.

While the implementation date for the new legislation will be June 2002, the Immigration Department will apply the new regulations relating to independent (skilled worker category of immigrants) to ALL EXISTING APPLICATIONS NOT YET ASSESSED.

Many such applications have been in the system for several years. The new point system has a very high passing grade and will therefore be much more difficult than the present system. This will mean that thousands of applicants from all over the world who paid government fees and have waited patiently to have their applications assessed will be denied visas even though they met the criteria that existed when the applications were submitted. Further, fees paid to the government for processing the applications will not be refunded.

What possible motive might the government have for this deliberate and unjust process?

The government now has backlogs estimated over 500,000 applications from people around the globe. This number is expected to be well over 600,000 by June 2002, the implementation date. Many applicants have waited up to 4 years. The government plans to significantly reduce this backlog by refusing most of them without interview, even though they would have qualified under the system existing when the applications were made.

This is the first time since I joined the Department of Immigration (1967) and since representing clients (1997) that this has been done.

This is contrary to any sense of fairness. It is like making a down payment for a house, but the builder increases the price so the buyer can no longer afford it - and also keeps the deposit.

Canadians should expect more from the government of Canada. Is this the kind of treatment we should expect for brothers, sisters, and relatives of Canadian citizens and immigrants? Can we expect other legislation in the near future to be applied retroactively? How can we be sure laws don't change and they are not applied retroactively? Will we ever be able to trust the Government of Canada again? Will Foreign Governments ever again be able to trust the Government of Canada?

Unless there is strong political pressure brought to bear on the government by Canadian citizens and residents protesting the unfairness of this unprecedented decision, this decision will stand and other such decisions will follow.

It will not be too long before challenges are made to the courts - if this decision stands. In the end I believe the Government will lose - but it may take many months - or even years. In the meantime how many people will be victims of this unjust policy that is rooted in unfairness and will only result in a mistrust of enormous proportions by Canadians and foreigners alike?

SOLUTIONS Immigration Consulting welcomes your comments.

You may also wish to send your comments directly to the Minister's office as follows:

Mr. Denis Coderre
Minister, Citizenship and Immigration Canada
Jean Edmonds Tower South
365 Laurier Avenue West
Ottawa, ON, K1A 1L1

We intend to inform readers of the changes to the Immigration law and how Canadian citizens and residents or applicants abroad may be affected in future articles of CANADIAN IMMIGRATION SOLUTIONS Newsletter.

• Have any of your relatives or friends been refused a visa to visit Canada without any valid reason?
• Are you aware that such decisions are often made without any real basis?
• Are you also aware that many decisions to refuse are made by individuals who are not Canadian citizens or residents of Canada but by locally hired staff?
• Are you aware applications are refused for people coming to Canada to attend family weddings, funerals or to spend time with close family members who are very ill?
• Are you aware that actual reasons are not given but form letters are used where boxes are just checked off usually saying the applicant is refused because "he does not have enough close ties in his home country" or "you do not have sufficient means (money) for this trip"? Many refused applicants have family, a permanent job, a home and many have relatives in Canada who are paying for the air ticket, accommodation, meals and all other expenses.

The law provides for visas to be issued to everyone who complies with Canadian Immigration law. One of the requirements is for a visa officer to be satisfied that the applicant is coming to Canada to visit and not to remain permanently in Canada.

Visa officers (or "designated officers") refuse visas for many individuals because they are not satisfied that the person is coming to Canada only to visit - even when there is no support for such decision. Once the decision is made, no one will intervene and change it at any level including senior officials at the visa post, National Headquarters or even the Minister of Citizenship and Immigration.

The visa office usually states that the person applying to come to Canada to visit has "insufficient ties" to their home country. This statement is used to refuse individuals who have all their family, friends, job, home, etc. in their country. Such refusals are really without basis.

The two major concerns that I have are:

1.There is too much authority in the hands of one individual. Oftentimes such authority can be abused, especially when no one will intervene or objectively review such decisions.

2.The decision to refuse visas should not be made by "designated officers" or locally engaged individuals. Such persons should not be making decisions on who should be allowed to come to Canada. As Canadians we should be offended by such decisions being made by foreigners.

I have heard many stories that "designated officers" are being offered or even demand and receive bribes in exchange for visas, while those that do not offer money are refused - even when they are legitimate. The extent to which this is happening is not known - but the temptation is there especially where those who are refused visa and their relatives have no recourse. The Department has even reported such instances and investigations.

What are your opinions about this situation?

Do you know of cases where legitimate visitors were denied a visitor visa?

Please share your comments or cases that you are aware of by writing to SOLUTIONS Immigration Consulting. We will be pleased to share your comments with the Minister of Citizenship and Immigration.

Life is about choices. Make the right choices and you can achieve your wildest dreams, make the wrong choices and well, you know what happens. Why not give yourself a real opportunity to realize your dreams by making a good choice now!

• Are you interested in receiving training on the "practical" delivery of immigration services to clients in Canada or abroad, including case studies?
• Are you interested in more than just an academic or technical understanding of Canadian immigration?
• Are you interested in a career assisting individuals with immigration applications or other services?
• Do you intend to become immigration practitioners in Canada or abroad?
• Are you presently an immigration practitioner (consultant) in Canada or abroad and wish to enhance your expertise to better serve immigration clients?
• Are you presently working for a not for profit organizations or agencies assisting members of the community in immigration matters?
• Do you aspire to have a career in government, particularly with the Department of Citizenship and Immigration?
• Are you presently employed with the Department of Citizenship and Immigration but wish to achieve a position as a specialist, or senior/higher level positions?
• Do you have a general interest in learning about Canadian Immigration from both an academic and practical perspective?

If the answer to any of these questions is yes, please visit CITA website.

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