Marva Barrow
REUNITING FAMILIES in Canada was high priority among the objectives of Immigration and Refugee Protection Act, which came into effect on June 28, 2002. Unlike the economy class, which includes independent applications such as, skilled workers, investors and self-employed, no selection criteria is required for foreign nationals seeking to obtain permanent residence in Canada under the family class category.
According to the last permanent resident in Canada, Statistics Canada, 2001, Longitudinal Survey of Immigrants to Canada (LSIC), Jamaica ranked eighth in the countries of family class sponsorships in comparison to countries such as India, China, Philippines and Guyana. Jamaica did not however fall within the top ten countries obtaining permanent residence in Canada in the economic and refugee categories. These results may be associated with many prospective immigrants who opt for self-counsel.
SOCIAL CLEANSING
Many people believe that new facts and figures will reveal a steady decline in the wave of immigrants from Jamaica in light of the fact of the high volume of deportation among Jamaicans as Canada's new government executes "social cleansing" of over 80 gangs streamlined across Toronto. For example, recently Government authorities executed 98 warrants and made over 100 arrests in James Town, a renowned Jamaican community stained by hard-core gangs.
How will Canada's "social cleansing" affect Jamaican families in Canada and those seeking to sponsor? And, if, according to the Act which states that the objective is to see that families are reunited in Canada, why then are so many families torn apart by deportation? Simple! Just respect Canadian laws.
Nonetheless, while we continue to experience an increase in deportation, we can only expect to see a very high volume of family class refusals for reasons associated with section 133 of the Regulations which states that the sponsor cannot be detained, convicted under the Criminal Code or ordered removed from Canada from the date of submission of the application to the date a decision was made.
While many individuals confuse completing the forms with knowing the Act, each case is unique and the right to counsel is paramount in all aspects of immigration law. It is also important to note that subsection 167(1) of the Act states that the subject of Board proceedings and the Minister may, at their own expense, be represented by a barrister, solicitor or other counsel. A proceeding includes a hearing, a conference, an application or an alternative dispute resolution.
Similarly, visa officers are bound by procedural rules and only make decisions based on particular sections governing the Act or Regulation. Unless applicants take full advantage of the use of a representative in their immigration matters, they may become victims of natural and or fundamental injustices.
REASONS FOR DENIAL
Reasons for denial of family class sponsorship, vary and may include:
1. the sponsor's commitment to another person they sponsored in the past;
2. the genuineness of a marriage, dependents such as adopted children;
3. the legal age of spouse or common-law partner;
4. misrepresentation (lying); and
5. human or judicial error in law.
Upon refusal, visa officers issue a written reason for the refusal to the sponsor at which time the sponsor has the right to file an application to appeal such decision at the Immigration Appeal Division (IAD) within a limited time. Sponsors are allowed to challenge a negative decision up the chain of justice from the tribunal level (IAD) to the highest court of Canada, the Supreme Court. Provincial sponsorship requirements are standard except for the province of Quebec.
Allow us to address your immigration concerns in our next issue, send your family class refusal question only to: editor@gleanerjm.com Marva Barrow is the president of Barrow International Immigration Solutions and is a member in good standing with the Canadian Society of Immigration Consultants and the Canadian Association of Professional Immigration Consultants. She can be reached at 416.850.8318. Send direct confidential questions to editor@gleanerjm.com.
