Good news for Immigration. Latest headline said “The Trudeau Government is planning to remove nearly all grounds the Immigration department uses to exclude applicants” ~ Toronto Sun
As per Toronto Sun, Richard Wex (Liberals’ Chairperson and Chief Executive Officer of the Immigration and Refugee Board of Canada) sent an email on September 20 that laid out a massive expansion of the reasons immigrants can be allowed to enter and stay in Canada.
After receiving that email, Trudeau government has sent an internal draft document to immigration and refugee judges which is claimed by the Sun to be shared exclusively with them. Trudeau government has a target of accepting 832,000 immigrants in next two years. In this document, they outlined how to achieve the target of getting 832,000 immigrants.
In the draft document covered by solicitor-client privilege, there is a new guidelines that says that civil service officers who do an initial screening of immigration and refugee claims, plus the immigration and refugee judges who hear appeals of the officers’ decisions, are instructed to accept any applicant who has an “intersectional” claim.
Intersectionality is defined as two or more of “race, religion, indigeneity, political beliefs, socioeconomic status, age, sexual orientation, culture, disability, or immigration status,” that “impact an individual’s lived experience of discrimination, marginalization or oppression.”
This means that refugee/protection claimants or asylum seekers will no longer have to prove the above mentioned dangers/claims. Furthermore, they will no longer need to satisfy the United Nation’s definition of a “refugee.”
So, if the claim says that claimant have been discriminated against or persecuted for being poor and old, or Indigenous and holding political views targeted by some developing country’s strongman, then claim should be accepted.
Chairperson Wex also mentioned that staff and judges should know that trauma (physical or emotional) can cause people to forget information/incidents. News further said that if an applicant’s evidence is not valid or turns out to be false, then it doesn’t mean they are lying. There is possibility that they might not be able to remember properly because of stress and trauma. So, this should not be the basis of rejecting their claim.
Staff and adjudicators should give applicants the benefit of the doubt and claimant’s claim of discrimination should be accepted by default. All the claimants should be accepted until or unless judge/officer has incontrovertible proof an applicant is lying.
In simple words, a claimant’s claim should not be considered invalid, if they don’t have proof to prove it. There is a possibility that they may not be able to remember or recall the incident or abuse they went through. So, onus is now on judge/officer to prove why they are rejecting the claim rather than applicants to prove that why their claim should be accepted.
Wex describes a traumatic event as one that elicits “intense feelings of fear, terror, helplessness, hopelessness, and despair” that is perceived “as a threat to the person’s survival.”
The Sun reported, “Adjudicators must employ “a ‘Do No Harm’ approach” during hearings, to lead with “compassion, cultural humility, and patience in order to avoid retraumatization” of an applicant.”
Adjudicators, essentially, must now say yes to everyone who makes it to Canadian soil and claims (not proves, merely claims) they are a victim of two more of a broad range of abuses — some invisible and mild.
Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.