| The Canadian Council for Refugees today denounced the blind  application of an inflexible immigration rule that is keeping children  separated from their parents.  Regulation  117(9)(d) excludes family members, barring them from sponsorship, if they were  not examined by an immigration officer when the sponsor immigrated to Canada. “Children deserve to be with their parents – all Canadians  can agree on this.  Yet children  affected by the excluded family member rule are spending years without an  immigration officer even considering their interests,” said Elizabeth McWeeny,  CCR President.  “This is not only  inhumane, it is a clear violation of Canada’s international human rights  obligations, including under the Convention on the Rights of the Child.” The CCR released a series of profiles of families separated  by Regulation 117(9)(d), several of them refugees.  They include: 
        An Iranian refugee woman whose two-year-old daughter remains  in Pakistan – her application for humanitarian and compassionate consideration was  refused without any consideration of the toddler’s best interests.A refugee woman with a 16-year-old son in Sri Lanka,  where he is subject to discrimination.A refugee family from Sierra Leone separated from their  two-year-old son, who is being made to pay the penalty for his father declaring  the newborn on arrival in Canada, rather than before.Two teenagers in Bangladesh denied reunification with  their mother, without consideration of the fact that they have been abandoned  by their father, their caregiver grandmother has died and they are now living  with an aunt who doesn’t want them.An Afghan refugee woman separated from her husband, who  is a refugee in Pakistan.  She has given  birth to a baby since arriving in Canada: Citizenship and Immigration Canada  has denied the baby the right to be with his father.An immigrant who didn’t formally declare a common law  partner because an immigration officer told him it was not necessary.An immigrant, now a Canadian citizen, who has returned  to his country of origin, because Canada’s immigration law will never pardon  him for his failure to realize that he needed to declare his new wife to the  authorities before departure for Canada. The cases illustrate that: 
        The principal victims of Regulation 117(9)(d) are  children.Regulation 117(9)(d) tends to affect the most  vulnerable: refugees and those subject to discrimination.  They are often in situations where they have  limited access to accurate information and limited control over their lives.Regulation 117(9)(d) leads to contradictions in Canada’s  response to refugees: Canada resettles refugees to give them protection and a  permanent home, but then rejects their family members.The recourse proposed by Citizenship and Immigration  Canada, a humanitarian and compassionate application, is inadequate.The penalty – a lifetime bar on family reunification –  is disproportionate to the alleged offence.  “We have been pointing out the problems of R. 117(9)(d) to  politicians and civil servants for years,” said McWeeny.  “We are deeply disappointed about the inadequacy  of the response – which means that children continue to suffer needlessly.” The Canadian Council for Refugees is calling for the elimination  of Regulation 117(9)(d). See attached backgrounder including the case profiles (www.ccrweb.ca/documents/famexcluprofilsEN.pdf).. Colleen French, Communications Coordinator, 514-277-7223  (ext. 1) |