Picture of Angelic Woman Leading People Westward
Western Canada's immigration appeal system in crisis, lawyers say
A shortage of adjudicators appointed to hear immigration appeals is causing the system to grind to a halt in western Canada, according to several immigration lawyers
A shortage of the adjudicators appointed to hear immigration appeals is causing the system to grind to a halt in western Canada, according to several immigration lawyers.
The high number of vacant positions is related to the federal government's backlog of appointments, caused in part by recent changes to the appointments process meant to increase transparency.
Last week, the Immigration and Refugee Board of Canada issued a notice warning that its immigration appeal division has a "reduced capacity to conduct oral hearings from its Vancouver and Calgary offices," because a number of appointments have recently ended and the positions haven't been filled.
An obvious crisis
"The IAD will do its utmost to maintain its operations, but will be able to schedule only a limited number of oral hearings in its Western Region … for at least the next six months," the notice reads.
Lawyers in B.C. and Alberta say they've never seen the board issue this kind of warning before.
Calgary-based immigration lawyer Peter Wong said the hearing of one of his clients, set for July 14, has now been postponed indefinitely because there's no one available to hear it.
"It's an obvious crisis," he said. "I've been talking to … members of the board who are quite concerned that nothing's being done about the problem."
The immigration appeal division deals primarily with people who want to bring family members to Canada, including spouses and parents. Its offices in Vancouver and Calgary are supposed to have a total of 11 adjudicators appointed to hear appeals.
-
Douglas Todd: Why are Europeans rapidly renouncing their Canadian immigrant status?
-
Canadians not so 'exceptional' when it comes to immigration and refugee views, new study finds
-
Hundreds may lose Canadian citizenship, resident status because of one corrupt immigration consultant
But earlier this month, the division was reduced to two full-time appointments in the western region. On June 21, two reappointments were announced in Vancouver, bringing the total number back up to four out of 11.
In 2016, 1,756 appeals were filed in the Vancouver and Calgary offices. According to the immigration board, 258 hearings were scheduled between June 28 and Sept. 30, 2016 in the western region. Between June 28 and Sept. 30, 2017, just 80 hearings have been scheduled.
According to the immigration board's website, it takes 12 months to process an application from someone in Canada to sponsor a spouse living outside the country. The board is currently working on applications to sponsor parents and grandparents from January 2014.
If an application is rejected, it can take another 12 to 18 months to get an appeal hearing, said Vancouver immigration lawyer Laura Best — and that was before the severe shortage of adjudicators.
The practical effect is that people are separated from their families
"For an individual whose case is stuck in the backlog … it is devastating," she said. "The practical effect is that people are separated from their families."
Best said those processing times will get longer and longer if the appointments remain unfilled.
Vancouver immigration lawyer Steven Meurrens said the delays also mean that people who have been deemed inadmissible to Canada, including for public safety reasons, remain in the country until they get a hearing.
While the positions are empty, the immigration appeal division plans to use alternative dispute resolution as much as possible, which can allow people to resolve their appeals without an oral hearing by meeting with the Canada Border Services Agency to make their case.
But Michael Greene, an immigration lawyer in Calgary, said the agency tends to be "very combative" on these cases, meaning that most end up going to a hearing anyway.
Hearings can also be held by videoconference with a judge elsewhere in the country. But Greene said that's not a real solution, because it's harder for judges to assess testimony when they're not hearing it in person.
In my opinion, a video hearing is a complete denial of natural justice
"In my opinion, a video hearing is a complete denial of natural justice," he said.
The problem is part of a larger backlog in federal appointments, related to a change in the appointments process enacted by the Trudeau government that was intended to increase transparency. Adjudicators used to be reappointed by the immigration board based on their track record. But now, they must reapply and be interviewed by a committee that also includes representatives from the prime minister's office, the privy council office and the immigration department.
"I suspect that they're over capacity. I suspect they just can't handle the volume," Greene said.
He also suggested the Liberal government may be trying to rid itself of Conservative appointees, which could account for some of the vacancies.
"It just happens when you have a change of government that they're wary of anybody that was appointed by their predecessor," he said.
The appointments backlog has also affected the number of judges available to hear refugee appeals, a separate division within the immigration board.
But Wong said the problem is particularly acute in the immigration appeal division because people don't know much about it, while the refugee crisis dominates headlines.
"Their shortage is well-known and highly publicized," he said. "They need more resources and if they don't get more resources overall, it's a zero-sum game. They have to take from somewhere."
But Wong said he cares less about what's causing the problem, and more that it get fixed.
"Something's wrong with the system. I'm not privy to the inner workings of what is wrong, whether it's politics or incompetence or what bureaucratic mess," he said. "To me, it doesn't matter. My primary interest is having cases heard."
• Email: mforrest@postmedia.com | Twitter: MauraForrest
NP Posted
Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc.
Thanks for signing up!
A welcome email is on its way. If you don't see it, please check your junk folder.
The next issue of NP Posted will soon be in your inbox.
We encountered an issue signing you up. Please try again
Notice for the Postmedia Network
This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Service and Privacy Policy.
Picture of Angelic Woman Leading People Westward
Source: https://nationalpost.com/news/canada/western-canadas-immigration-appeal-system-in-crisis-lawyers-say
0 Response to "Picture of Angelic Woman Leading People Westward"
Post a Comment