Immigration Laws: February, 2002 - Number #7

Elinor Caplan was moved from Minister of Citizenship and Immigration to Minister of Customs and Revenue in a Cabinet reshuffle, and replaced by Denis Coderre, a 38-year-old Quebec minister who was in charge of amateur sports. Coderre says that one of the first things he will do in office is review the controversial retroactive immigration policy. Some MPs called Caplan "callous" towards immigrants who had been waiting for years to enter Canada, only to be told that the rules had changed after the passage of new immigration law in November.

Deportation. Canada's Supreme Court ruled on January 11, 2002 that foreigners "generally" cannot be deported to their homelands unless their presence poses an exceptional threat to Canadian national security. However, foreigners can be deported even if they fear they might be mistreated or tortured, as long as they are given a fair chance to argue their case and are deemed to pose a serious threat to national security.

The court said it was balancing "the state's genuine interest in combating terrorism, preventing Canada from becoming a safe haven for terrorists, and protecting public security […with] Canada's constitutional commitment to liberty and fair process." The Court continued: the balance "will rarely be struck in favor of expulsion where there is a serious risk of torture."

The Canadian high court was considering the appeals of a Sri Lankan and an Iranian who were fighting attempts to deport them to their home countries for alleged terrorist activities in Canada. The decision allows the deportation of the Iranian, but permits the Sri Lankan to remain in Canada until he receives written reasons for his designation as a national security risk, has an opportunity to refute the accusations, and then has a chance to argue that he would face persecution if returned to Sri Lanka.

Points. There are about 500,000 people waiting to immigrate to Canada, including 170,000 who applied under the point system as independent immigrants. Citizenship and Immigration Canada released regulations to implement an immigration bill passed in November 2001, that will mean, critics charge, that many of those who applied under the point system will no longer qualify, and will lose $500 each in a non-refundable processing fee.

All applicants, including the 170,000 in the queue, must now score 75 points, up from 70. Points are given for age, education, experience, language and adaptability and a new five points for a letter of employment.

Students. Chinese students seeking to study in Canada are using fake documents, including bank statements to show that they qualify financially for visas. The Canadian embassy reported handling applications in which every item submitted was false. In 2001, some 12,000 Chinese applied for student visas, and 7,800 were granted.