Refugees

Overview: (for main “response” points scroll to bottom)

In the aftermath of the devastating earthquake in Haiti there are several issues and concerns around short and longer term immigration processes which Canada needs to consider as part of the humanitarian response in that country. There are strong family ties as well as thousands of Haitian nationals who reside and work in Canada on a temporary basis. There are also thousands of Haitian asylum seekers, known as refugee claimants in Canada, either in process or waiting for a final asylum decision. Others of these claimants remain, “in limbo” here, meaning their claims on refugee status basis were not accepted, but due to the volatile human rights and security issues, lack of good governance and rule of law in Haiti over recent years, Canada has not been removing them until those pre-conditions would be met. With Haiti now facing the added burden of having to overcome this disaster it is clear that just rebuilding to its previous precarious state will take time, let alone becoming stable and capable enough to meet the standards above.

In the past few days the Canadian government has refined and clarified its policy with respect to the current immigration situation regarding Haiti.

• 100 adoption cases which were at the “ready to leave for Canada” stage prior to the quake, are now being priorized for departure over the coming days and weeks.
• Haitians in Canada who have refugee claims in process will have their cases reviewed and decision made, in an expedited fashion over the coming months.
• Successful Haitian refugee claimants in Canada will have an expedited process to bring their remaining immediate family members here, under normal Family Class sponsorship provisions.
• Regular Family Class applications which Haitian Canadians now have in the system, as well as new ones now being made, will be reviewed more quickly.

On the negative side, the new measures

• do NOT say that refugee claimants here will be granted relaxed criteria, the normal rules and criteria for refugee claims remain in force;
• do not provide any new avenue for the Private Sponsorship Program in Canada – the avenue church groups such as MCC are contracted for to sponsor refugees from abroad. This avenue remains open only for political refugees out of conflict situations, not displacement due to natural disaster;
• do not expand the definition of “family” under family class reunification. It remains the basic family unit and parents/grandparents of same. Does not include nieces, nephews, aunts, uncles.

The list of those persons now facing serious humanitarian need in Haiti has now grown to large numbers in all the vulnerable categories from the general citizenry to an increased number of unaccompanied minors, people with disabilities, extremely vulnerable elderly, compromised medical situations. It also encompasses those stuck abroad as described above and the torn apart families in general.
 

Possible Canadian responses MCC would support:

Temporarily:

• Relax definitions for family class immigration, starting with applications now queued.
• Allow families to use Canadians as co-sponsors to guarantee financial viability when that cannot be met due to low incomes.   
• Waive fees attached to all family and other humanitarian application processes.
• Consider processing very vulnerable cases in Canada move them here expeditiously, as was done with the Kosovars in 2000.

Longer Term Advocacy issues

• Sustainable development approaches are key to ensure healthy futures for all.
• Through prior point, increase efforts to reduce reliance on orphanages and adoptions as primary way to address needs of unaccompanied children.
• Address root causes of forced migration, the push/pull factors. Such as agriculture practices, ecological degradation
• Theological constructs and disaster, i.e. hope, role of Anabaptist history, who determines the “right to mobility”.

MCC Canada Refugee Program

Jan 26, 2010