Lee and Company

Friday, 8 August 2014

Detentions & Deportations


Recent articles dealing with different subjects, one on deportation of a long-time Canadian and the other about detention, reflect the new reality of Canadian immigration; the focus is no longer on attracting people to Canada, but rather, on kicking people out.



Few are safe from this trend. As can be seen from the deportation story, even people who have been citizens for decades are not exempt from losing their citizenship, and facing deportation.

Permanent Residents should be aware that they are most vulnerable to this problem when they are applying for citizenship, as the government is checking carefully not only that you meet the residency requirements for citizenship, but also going back to check for other problems of possible misrepresentation (for example failing to declare a spouse at the time of landing).
The government is also evaluating other inadmissibility criteria including examining whether individuals have met the residency requirement for maintaining one’s PR status. In fact, it seems that the government  is deliberately delaying processing of citizenship applications across the country, not only to ensure that persons have maintained the Permanent Residency requirement prior to applying for citizenship, but also ensuring that they have stayed in Canada and maintained their residency requirements after they applied for citizenship. That is, if you applied in 2012, and the application is not processed until 2014, the government may check whether you have been out of the country since 2012, and may look as far back as five years prior to your date of application, in this case, looking to 2009, if during that time period, you have been out of the Canada.

As for detention, it is becoming a reality for an increasing number of people, including tourists.  It is not only alarming  that tourists who happen to be confused at the port of entry and do not answer questions to the satisfaction of the very aggressive CBSA are increasingly  being detained, but even more alarming is the length of time for which they are being detained. They are often being detained for  a month or more without being allowed out on bond and then deported back.  Even when released, their bonds are often astronomical compared to what you see in criminal cases. In these detention cases, bonds are often in the tens of thousands of dollars. The new reality of Canadian immigration is casting an increasingly wider net and legitimate applicants, even Canadians, may risk being caught up in it. 

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