However I will wager that both couples troubles will be over with the questionable lawyer Ahmed Hussen and his evil CIC minions in a heartbeat. As usual that bullshit will go down before they have a chance to say my name to the VERY questionable people in the Crown Corp commonly knows as the CBC or the other corporate media. Most folks will never know what really happened just like it has on several other occasions when I butted heads with the CIC as they worked under the wicked Harper Regime.
At least one lady called me back from one of Hussen's offices late yesterday. Her associate was somewhat honest with me today. I will leave to wonder what was said. Call them as ask them for yourself if you don't believe Mean Old Me about anything.
You received a new 0:23 minutes voicemail message, on Monday, March 20, 2017 at 07:15:53 PM in mailbox 9028000369 from 416 656 2526.
http://www.cbc.ca/news/politics/immigration-asylum-seekers-hussen-macleod-1.4746622
'Not Canadian': Hussen, MacLeod exchange sharp words over asylum seeker 'crisis'
Ontario's immigration language is 'irresponsible, divisive ... fearmongering,' says Hussen
· CBC News · Posted: Jul 13, 2018 5:23 PM ET
3400 Comments
Commenting is now closed for this story.
David R. Amos
Perhaps my fellow Canadians
should remind the liberal lawyer Mr Minister Ahmed Hussen and his boss
Prime Minister Trudeau The Younger of what I thought of Hussen for not
showing a little compassion for the Yankee couple David and Kathryn
Wright.
CBC and their neighbours affirmed to me that they had earned the right to remain in Voglers Cove. Although the federal Minister's computer acknowledged my email his people never responded and ignored my phone calls. On the other hand another liberal lawyer Minister Lena Metlege Diab did respond to me immediately in writing and told me it was Hussen's responsibility not hers.
Now I read this nonsense and shake my head as Hussen calls a Conservative Provincial Cabinet Minister names. Methinks Mr Prime Minister Trudeau The Younger should understand why I have no respect for liberal lawyers N'esy Pas?
This one of the news articles I reacted over a year ago as Trudeau was Tweeting and welcoming everybody else to come to Canada.
http://www.cbc.ca/news/canada/nova-scotia/david-wright-kathryn-wright-deportation-order-immigration-1.4028868
I have no idea what has happened to David and Kathryn Wright since this piece of news
http://thechronicleherald.ca/novascotia/1542810-last-chance-to-stay-voglers-cove-couple-fights-deportation
CBC and their neighbours affirmed to me that they had earned the right to remain in Voglers Cove. Although the federal Minister's computer acknowledged my email his people never responded and ignored my phone calls. On the other hand another liberal lawyer Minister Lena Metlege Diab did respond to me immediately in writing and told me it was Hussen's responsibility not hers.
Now I read this nonsense and shake my head as Hussen calls a Conservative Provincial Cabinet Minister names. Methinks Mr Prime Minister Trudeau The Younger should understand why I have no respect for liberal lawyers N'esy Pas?
This one of the news articles I reacted over a year ago as Trudeau was Tweeting and welcoming everybody else to come to Canada.
http://www.cbc.ca/news/canada/nova-scotia/david-wright-kathryn-wright-deportation-order-immigration-1.4028868
I have no idea what has happened to David and Kathryn Wright since this piece of news
http://thechronicleherald.ca/novascotia/1542810-last-chance-to-stay-voglers-cove-couple-fights-deportation
Content disabled.
David R. Amos
@David R. Amos Here is a little proof of what I say is true David R. Amos
---------- Original message ----------
From: Immigration Minister
Date: Thu, 6 Apr 2017 15:42:44 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
Cc: Immigration Minister
Dear Mr. Amos:
Thank you for your email dated March 18, 2017 to the Honourable Lena Metlege Diab, Minister of Immigration for the Province of Nova Scotia, regarding David and Kathryn Wright. As I am Director of Programs for the Office of Immigration, Minister Diab has requested that I respond to your email.
I have been following this story in the news as well and am sorry to hear about the difficulties of Mr. & Mrs. Wright in moving to Nova Scotia.
In Canada, immigration is a shared responsibility between the provinces and the Canadian government via Immigration, Refugees and Citizenship Canada (IRCC). Provinces can nominate individuals for permanent residency through provincial nominee programs; however, IRCC has the final authority with respect to all admissions to the country.
I note that you have already contacted the federal Minister of Immigration, the Honourable Ahmed Hussen, with your concerns. You may also wish to contact your Member of Parliament as these decisions are solely a federal responsibility.
Once again, thank you for taking the time to write to me and for sharing your views on such an important issue.
Yours truly,
Original signed by
Shelley Bent
Director of Programs
c. Honourable Lena Metlege Diab, ECNS
---------- Original message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Sun, 15 Jul 2018 00:43:29 +0000
Subject: Automatic reply: Mayor David Mittchell RE Kathryn and David Wright I just
called and tried to discuss the letter from the Public Safety Minister Ralph Goodale
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Original message ----------
From: Ahmed.Hussen@parl.gc.ca
Date: Sun, 15 Jul 2018 00:43:40 +0000
Subject: Autoreply / Réponse automatique
To: motomaniac333@gmail.com
Thank you for contacting the Parliamentary Office of the Hon. Ahmed
Hussen. Please be advised your matter will be dealt with promptly or
forwarded to the respective office/department.
Please be advised for all Immigration, Refugee, Citizenship Canada
related matters it is best to contact your Member of Parliament first.
If you're unaware who your M.P. is please use this link:
http://www.elections.ca/
Once again thank you for contacting our office. Have a nice day.
------------------------------
Merci d’avoir communiqué avec le bureau parlementaire de l’honorable
Ahmed Hussen. Soyez assuré que votre message sera traité ou transmis
au bureau ou ministère concerné dans les meilleurs délais. Veuillez
noter que pour toutes questions concernant Immigration, Réfugiés et
Citoyenneté Canada, il est préférable de communiquer d’abord avec
votre député. Si vous ne savez pas qui est votre député, veuillez
utiliser le lien suivant:
http://www.elections.ca/
Nous vous remercions pour votre intérêt, bonne journée.
---------- Original message ----------
From: "patricklove@eastlink.ca" <patricklove@eastlink.ca>
Date: Mon, 16 Jul 2018 14:14:47 -0300
Subject: Re: Mayor David Mittchell RE Kathryn and David Wright I just called and tried
to discuss the letter from the
Public Safety Minister Ralph Goodale
To: David Amos <motomaniac333@gmail.com>
Kindly block this email in future.
Thank you.
Patrick Love.
On Jul 14, 2018, at 9:43 PM, David Amos <motomaniac333@gmail.com> wrote:
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 14 Jul 2018 20:43:24 -0400
Subject: Mayor David Mittchell RE Kathryn and David Wright I just called and tried to
To: David Amos <motomaniac333@gmail.com>
Kindly block this email in future.
Thank you.
Patrick Love.
On Jul 14, 2018, at 9:43 PM, David Amos <motomaniac333@gmail.com> wrote:
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 14 Jul 2018 20:43:24 -0400
Subject: Mayor David Mittchell RE Kathryn and David Wright I just called and tried to
discuss the letter from the Public
Safety Minister Ralph Goodale
To: david.mitchell@bridgewater.ca, "hon.ralph.goodale" <hon.ralph.goodale@canada.ca>, ImmigrationMinister@ novascotia.ca, Minister@cic.gc.ca, Ahmed.Hussen@parl.gc.ca,
mlcohen@eastlink.ca, patricklove@eastlink.ca,
earth5 <earth5@eastlink.ca>,
lisa.macleodco@pc.ola.org, premier <premier@ontario.ca>, premier <premier@gnb.ca>,
To: david.mitchell@bridgewater.ca, "hon.ralph.goodale" <hon.ralph.goodale@canada.ca>, ImmigrationMinister@
lisa.macleodco@pc.ola.org, premier <premier@ontario.ca>, premier <premier@gnb.ca>,
PREMIER
<PREMIER@gov.ns.ca>,
premier <premier@gov.sk.ca>,
premier <premier@gov.pe.ca>,
premier <premier@gov.nl.ca>,
premier <premier@gov.ab.ca>,
premier <premier@leg.gov.mb.ca>,
premier <premier@gov.bc.ca>,
pm <pm@pm.gc.ca>,
"Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>, "Karen.Ludwig"
<Karen.Ludwig@parl.gc.ca>,
"Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>
Cc: David Amos <david.raymond.amos@gmail.com> ,
Cc: David Amos <david.raymond.amos@gmail.com>
"Peter.Zimonjic" <Peter.Zimonjic@cbc.ca>,
Newsroom <Newsroom@globeandmail.com>,
"steve.murphy" <steve.murphy@ctv.ca>, "David.Akin" <David.Akin@globalnews.ca>, Rahul.Kalvapalle@globalnews.ca , hello@lighthousenow.ca
https://lighthousenow.ca/ article.php?title=Public_ Safety_Minister_s_response_ concerning_U_S_c
Public Safety Minister’s response concerning U.S. couple “disappointing
It looks like an American couple who have been fighting to remain in
Voglers Cove could be denied their appeal.
At a recent city council meeting, Bridgewater's mayor expressed dismay
with the response from federal Public Safety Minister Ralph Goodale
concerning the immigration difficulties facing an American couple who
call Voglers Cove home.
David Mitchell called Goodale's written reply "disappointing" as it
implies Ottawa will not change its mind about denying Kathryn and
David Wright's ability to become permanent Canadian residents.
"I feel for the Wrights," Mitchell said during town council's March 12
meeting. "Certainly that community is going to feel the impact of them
not being around."
Goodale said in his letter that the Privacy Act prohibits him from
speaking to specific cases.
"The decision to remove someone is not taken lightly, and persons are
dealt with on a case-by-case basis," Goodale said in the letter dated
February 13. "It is imperative for the integrity of the system that
once all legal avenues of review are exhausted, a person subject to a
removal order respects the law and leaves Canada or is removed.
"I assure you that the Government and the CBSA [Canada Border Services
Agency] are committed to the equitable application of Canada's
immigration laws."
David MITCHELL, Mayor
39 Empire Street
Bridgewater, NS B4V 2L5
Office: (902) 541-4364
Cell: (902) 523-5185
david.mitchell@bridgewater.ca
http://davidraymondamos3. blogspot.com/2018/07/the- liebrano-lawyer-is-divisive. html
https://globalnews.ca/news/ 4331043/ontario-immigration- ahmed-hussen-lisa-macleod/
July 13, 2018 5:28 pm
Ontario MPP Lisa MacLeod slams ‘bully’ Ahmed Hussen as immigration
dispute heats up
By Rahul Kalvapalle National Online Journalist Global News
http://www.cbc.ca/news/ politics/immigration-asylum- seekers-hussen-macleod-1. 4746622
'Not Canadian': Hussen, MacLeod exchange sharp words over asylum seeker 'crisis'
Ontario's immigration language is 'irresponsible, divisive ...
fearmongering,' says Hussen
Peter Zimonjic · CBC News · Posted: Jul 13, 2018 5:23 PM ET
3400 Comments
Commenting is now closed for this story.
David R. Amos
Perhaps my fellow Canadians should remind the liberal lawyer Mr
Minister Ahmed Hussen and his boss Prime Minister Trudeau The Younger
of what I thought of Hussen for not showing a little compassion for
the Yankee couple David and Kathryn Wright.
CBC and their neighbours affirmed to me that they had earned the right
to remain in Voglers Cove. Although the federal Minister's computer
acknowledged my email his people never responded and ignored my phone
calls. On the other hand another liberal lawyer Minister Lena Metlege
Diab did respond to me immediately in writing and told me it was
Hussen's responsibility not hers.
Now I read this nonsense and shake my head as Hussen calls a
Conservative Provincial Cabinet Minister names. Methinks Mr Prime
Minister Trudeau The Younger should understand why I have no respect
for liberal lawyers N'esy Pas?
This one of the news articles I reacted over a year ago as Trudeau was
Tweeting and welcoming everybody else to come to Canada.
http://www.cbc.ca/news/canada/ nova-scotia/david-wright- kathryn-wright-deportation- order-immigration-1.4028868
I have no idea what has happened to David and Kathryn Wright since
this piece of news
http://thechronicleherald.ca/ novascotia/1542810-last- chance-to-stay-voglers-cove- couple-fights-deportation
David R. Amos
Content disabled.
@David R. Amos Here is a little proof of what I say is true
---------- Original message ----------
From: Immigration Minister <ImmigrationMinister@ novascotia.ca>
Date: Thu, 6 Apr 2017 15:42:44 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just
heard about David and Kathryn Wright of Vogler’s Cove troubles with
Immigaration on CBC
To: David Amos <motomaniac333@gmail.com>
Cc: Immigration Minister <ImmigrationMinister@ novascotia.ca>
Dear Mr. Amos:
Thank you for your email dated March 18, 2017 to the Honourable Lena
Metlege Diab, Minister of Immigration for the Province of Nova Scotia,
regarding David and Kathryn Wright. As I am Director of Programs for
the Office of Immigration, Minister Diab has requested that I respond
to your email.
I have been following this story in the news as well and am sorry to
hear about the difficulties of Mr. & Mrs. Wright in moving to Nova
Scotia.
In Canada, immigration is a shared responsibility between the
provinces and the Canadian government via Immigration, Refugees and
Citizenship Canada (IRCC). Provinces can nominate individuals for
permanent residency through provincial nominee programs; however, IRCC
has the final authority with respect to all admissions to the country.
I note that you have already contacted the federal Minister of
Immigration, the Honourable Ahmed Hussen, with your concerns. You may
also wish to contact your Member of Parliament as these decisions are
solely a federal responsibility.
Once again, thank you for taking the time to write to me and for
sharing your views on such an important issue.
Yours truly,
Original signed by
Shelley Bent
Director of Programs
c. Honourable Lena Metlege Diab, ECNS
--- On Mon, 3/20/17, magicJack <voicemail@magicjack.com> wrote:
> From: magicJack <voicemail@magicjack.com>
> Subject: New VM (3) - 0:23 minutes in your magicJack mailbox from 4166562526
> To: "DAVID AMOS"
> Date: Monday, March 20, 2017, 7:15 PM
> Dear magicJack User:
>
> You received a new 0:23 minutes voicemail message, on
> Monday, March 20, 2017 at 07:15:53 PM in mailbox 9028000369
> from 4166562526.
"steve.murphy" <steve.murphy@ctv.ca>, "David.Akin" <David.Akin@globalnews.ca>, Rahul.Kalvapalle@globalnews.ca
https://lighthousenow.ca/
Public Safety Minister’s response concerning U.S. couple “disappointing
It looks like an American couple who have been fighting to remain in
Voglers Cove could be denied their appeal.
At a recent city council meeting, Bridgewater's mayor expressed dismay
with the response from federal Public Safety Minister Ralph Goodale
concerning the immigration difficulties facing an American couple who
call Voglers Cove home.
David Mitchell called Goodale's written reply "disappointing" as it
implies Ottawa will not change its mind about denying Kathryn and
David Wright's ability to become permanent Canadian residents.
"I feel for the Wrights," Mitchell said during town council's March 12
meeting. "Certainly that community is going to feel the impact of them
not being around."
Goodale said in his letter that the Privacy Act prohibits him from
speaking to specific cases.
"The decision to remove someone is not taken lightly, and persons are
dealt with on a case-by-case basis," Goodale said in the letter dated
February 13. "It is imperative for the integrity of the system that
once all legal avenues of review are exhausted, a person subject to a
removal order respects the law and leaves Canada or is removed.
"I assure you that the Government and the CBSA [Canada Border Services
Agency] are committed to the equitable application of Canada's
immigration laws."
David MITCHELL, Mayor
39 Empire Street
Bridgewater, NS B4V 2L5
Office: (902) 541-4364
Cell: (902) 523-5185
david.mitchell@bridgewater.ca
http://davidraymondamos3.
https://globalnews.ca/news/
July 13, 2018 5:28 pm
Ontario MPP Lisa MacLeod slams ‘bully’ Ahmed Hussen as immigration
dispute heats up
By Rahul Kalvapalle National Online Journalist Global News
http://www.cbc.ca/news/
'Not Canadian': Hussen, MacLeod exchange sharp words over asylum seeker 'crisis'
Ontario's immigration language is 'irresponsible, divisive ...
fearmongering,' says Hussen
Peter Zimonjic · CBC News · Posted: Jul 13, 2018 5:23 PM ET
3400 Comments
Commenting is now closed for this story.
David R. Amos
Perhaps my fellow Canadians should remind the liberal lawyer Mr
Minister Ahmed Hussen and his boss Prime Minister Trudeau The Younger
of what I thought of Hussen for not showing a little compassion for
the Yankee couple David and Kathryn Wright.
CBC and their neighbours affirmed to me that they had earned the right
to remain in Voglers Cove. Although the federal Minister's computer
acknowledged my email his people never responded and ignored my phone
calls. On the other hand another liberal lawyer Minister Lena Metlege
Diab did respond to me immediately in writing and told me it was
Hussen's responsibility not hers.
Now I read this nonsense and shake my head as Hussen calls a
Conservative Provincial Cabinet Minister names. Methinks Mr Prime
Minister Trudeau The Younger should understand why I have no respect
for liberal lawyers N'esy Pas?
This one of the news articles I reacted over a year ago as Trudeau was
Tweeting and welcoming everybody else to come to Canada.
http://www.cbc.ca/news/canada/
I have no idea what has happened to David and Kathryn Wright since
this piece of news
http://thechronicleherald.ca/
David R. Amos
Content disabled.
@David R. Amos Here is a little proof of what I say is true
---------- Original message ----------
From: Immigration Minister <ImmigrationMinister@
Date: Thu, 6 Apr 2017 15:42:44 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just
heard about David and Kathryn Wright of Vogler’s Cove troubles with
Immigaration on CBC
To: David Amos <motomaniac333@gmail.com>
Cc: Immigration Minister <ImmigrationMinister@
Dear Mr. Amos:
Thank you for your email dated March 18, 2017 to the Honourable Lena
Metlege Diab, Minister of Immigration for the Province of Nova Scotia,
regarding David and Kathryn Wright. As I am Director of Programs for
the Office of Immigration, Minister Diab has requested that I respond
to your email.
I have been following this story in the news as well and am sorry to
hear about the difficulties of Mr. & Mrs. Wright in moving to Nova
Scotia.
In Canada, immigration is a shared responsibility between the
provinces and the Canadian government via Immigration, Refugees and
Citizenship Canada (IRCC). Provinces can nominate individuals for
permanent residency through provincial nominee programs; however, IRCC
has the final authority with respect to all admissions to the country.
I note that you have already contacted the federal Minister of
Immigration, the Honourable Ahmed Hussen, with your concerns. You may
also wish to contact your Member of Parliament as these decisions are
solely a federal responsibility.
Once again, thank you for taking the time to write to me and for
sharing your views on such an important issue.
Yours truly,
Original signed by
Shelley Bent
Director of Programs
c. Honourable Lena Metlege Diab, ECNS
--- On Mon, 3/20/17, magicJack <voicemail@magicjack.com> wrote:
> From: magicJack <voicemail@magicjack.com>
> Subject: New VM (3) - 0:23 minutes in your magicJack mailbox from 4166562526
> To: "DAVID AMOS"
> Date: Monday, March 20, 2017, 7:15 PM
> Dear magicJack User:
>
> You received a new 0:23 minutes voicemail message, on
> Monday, March 20, 2017 at 07:15:53 PM in mailbox 9028000369
> from 4166562526.
https://lighthousenow.ca/article.php?title=Public_Safety_Minister_s_response_concerning_U_S_c
2018-03-21
Public Safety Minister’s response concerning U.S. couple “disappointing”
Kathryn and David Wright.
It looks like an American couple who have been fighting to remain in Voglers Cove could be denied their appeal.
At a recent city council meeting, Bridgewater's mayor expressed dismay with the response from federal Public Safety Minister Ralph Goodale concerning the immigration difficulties facing an American couple who call Voglers Cove home.
David Mitchell called Goodale's written reply "disappointing" as it implies Ottawa will not change its mind about denying Kathryn and David Wright's ability to become permanent Canadian residents.
"I feel for the Wrights," Mitchell said during town council's March 12 meeting. "Certainly that community is going to feel the impact of them not being around."
Goodale said in his letter that the Privacy Act prohibits him from speaking to specific cases.
"The decision to remove someone is not taken lightly, and persons are dealt with on a case-by-case basis," Goodale said in the letter dated February 13. "It is imperative for the integrity of the system that once all legal avenues of review are exhausted, a person subject to a removal order respects the law and leaves Canada or is removed.
"I assure you that the Government and the CBSA [Canada Border Services Agency] are committed to the equitable application of Canada's immigration laws."
The Wrights lived in Voglers Cove during the 1970s, having achieved landed immigrant status. They left for economic reasons, but with the intention of returning. That status was invalidated after they arrived back in Voglers Cove in 2012 because they didn't possess the specific number of days required to maintain permanent residency status.
The couple, now in their 70s, successfully appealed to Ottawa and received permanent residency status. Ottawa countered with a successful appeal of its own and the Wright's status was denied again.
Earlier this year, the Main Street of the South Shore was one of the municipal government stops where supporters of the Wrights sought letters to forward to Ottawa as part of a compassionate grounds appeal. Advocates for the couple say the Wrights face possible permanent expulsion.
In late January Bridgewater Town Council heard from advocates championing the Wrights.
Christina Andrews, reading from a prepared text, told council: "Considering that rural Nova Scotia is struggling to attract qualified migrants, the Wrights have proven themselves as a welcome addition to our collective population."
Continued Andrews: "We find this couple to be personally and professionally valuable to the fabric of our community. They are highly qualified, well-integrated, low-maintenance, fully functioning citizens of Canada whose practice is to give with open hands and leave things better than they found them."
Mitchell himself described the Wrights as contributors and not burdens to the community and said he is perplexed at the permanent residency flip-flop.
Kathryn founded a free library program at the Voglers Cove Community Hall and is involved in writing groups in the Bridgewater area. David is a founding member of the United Communities volunteer fire department and is an experienced technical designer who helps people with business and personal projects. He's also known for his guitar talents.
http://thechronicleherald.ca/novascotia/1542810-last-chance-to-stay-voglers-cove-couple-fights-deportation
Last chance to stay: Voglers Cove couple fights deportation
---------- Original message ----------
From: Minister
Date: Mon, 20 Mar 2017 07:47:01 -0400
Subject: RE: ATTN Karen Ludwig I just called and left a message for David Hickey after I heard Matthew Clark of Harvey talk on CBC about the CIC
To: David Amos
La version française suit.
This is an automatic acknowledgement of your e-mail addressed to the Minister of Immigration, Refugees and Citizenship.
Please note that Immigration, Refugees and Citizenship Canada (IRCC) is experiencing a significant increase in the volume of correspondence received and we will strive to respond to your enquiry in as timely a manner as possible.
If this is a request for case information, the responsibility placed on us by the Privacy Act to protect all personal information precludes us from responding to you with case specific information using e-mail, unless we are able to verify that you are entitled/authorized to receive the case specific information. Therefore, only general information would be provided in response to your enquiry.
We will not respond to e-mails concerning the following:
---------- Original message ----------
From: Ahmed.Hussen@parl.gc.ca
Date: Mon, 20 Mar 2017 11:47:00 +0000
Subject: Autoreply / Réponse automatique
To: motomaniac333@gmail.com
Thank you for contacting Minister Ahmed Hussen’s Parliamentary office. Please be advised your matter will be dealt with promptly or forwarded to the respective office/department.
Please be advised for all Immigration, Refugee, Citizenship Canada related matters it is best to contact your Member of Parliament first. If you're unaware who your M.P. is please use this link
http://www.lop.parl.gc.ca/parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx
Once again thank you for contacting our office. Have a nice day.
------------------------------------------------------------------------------------
Nous vous remercions d'avoir contacté le bureau parlementaire du ministre Ahmed Hussen. Veuillez noter que votre message sera traité dans les plus brefs délais ou transféré au ministre responsable.
Pour toute question au sujet d’Immigration, Réfugiés et Citoyenneté Canada, il est préférable de vous adresser directement votre députe. Si vous ne savez pas qui est le députe de votre circonscription, veuillez cliquer sur le lien suivant:
http://www.lop.parl.gc.ca/ParlInfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?Menu=HOC&Language=F
Nous vous remercions pour votre intérêt, bonne journée.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"
Date: Mon, 20 Mar 2017 11:47:14 +0000
Subject: RE: ATTN Karen Ludwig I just called and left a message for David Hickey after I heard Matthew Clark of Harvey talk on CBC about the CIC
To: David Amos
Thank you for writing to the Premier of New Brunswick. Please be assured that your email will be reviewed.
Nous vous remercions d’avoir communiqué avec le premier ministre du Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
---------- Original message ----------
From: David Amos
Date: Mon, 20 Mar 2017 07:46:55 -0400
Subject: ATTN Karen Ludwig I just called and left a message for David Hickey after I heard Matthew Clark of Harvey talk on CBC about the CIC
To: Karen.Ludwig@parl.gc.ca, "Catherine.Harrop"
Cc: David Amos
Telephone: 506-466-3928
E-Mail: Karen.Ludwig@parl.gc.ca
https://www.facebook.com/pg/CitCanada/about/?ref=page_internal
https://www.facebook.com/pg/Canadianimmigrationstruggles/about/?ref=page_internal
https://www.telegraphjournal.com/telegraph-journal/story/48188057/british-man-living-in?source=story-related
stewart.laverne@dailygleaner.com,
http://www.cbc.ca/news/canada/new-brunswick/matthew-clark-immigration-harvey-1.3728290
Immigration paperwork stands to separate Harvey newlyweds
Matthew Clark may need to leave bride behind and return to England due to trouble getting work permit
By Catherine Harrop, CBC News Posted: Aug 19, 2016 6:00 PM ATMatthew Clark of Harvey has run into paperwork difficulty trying to obtain a work permit and landed immigrant status and says unless Canadian Immigration and Citizenship straightens things out, he will have to decide to either not work until next summer, or leave behind his Canadian bride Katherine to return to work in England.
""It's just a beautiful country, but if they won't give me a work permit, I will be forced to leave, because I can't go two years without working," said Clark, 26. "I don't think anyone would want to go without working. It's not on."
Last November Clark paid $550 for a physical, got a security check through London, and filled out the many documents required to apply for an open work permit and landed immigrant status. He had to do it before his visitor's visa ran out on Jan. 9, 2016.
Receipt for Dec. 11 package
He has a receipt showing he sent off the package on Dec. 11. Another receipt for Jan. 29, 2016, indicates the day CIC sent his package back to him, saying he was missing a signature. He signed it, and sent it back to them the same day.
That means instead of getting a work permit in around four months, it will be around August of next year. The Clarks didn't find that out until they contacted MP Karen Ludwig's office in June out of frustration.
Clark is livid.
"At the moment, I feel like, by letting immigrants coming into the country and going through the process, you're also giving immigrants a bad name, because we can't work, and we can't contribute, and it's not our fault at all. I'm trying my utmost to work."
'Implied status'
"It's my understanding he [Matthew] should have had 'implied status,'" from the time the application was first received by CIC in December, said Janet Blair, who worked for Citizenship and Immigration from 1991 to 2005.
"Asking for further payment for his work permit in March suggests they [CIC] didn't close the file in January."
Blair says Citizenship and Immigration Canada should have told him if they were denying his work permit.
Blair helped the Clarks check over their submissions, saying everything looked in order. She says the department should review the process it followed.
MP's office calling
David Hickey works in MP Karen Ludwig's office and has been calling CIC to make enquiries on behalf of the Clarks.
Hickey says he has been told that 'no matter how big, no matter how small the infraction …the original application was incomplete.'
He says "every sympathy falls with Matt," but had no comment about whether or not Ludwig will bring up the case with Immigration Minister John McCallum.
Clark believes he is not alone with his frustration with the bureaucracy of immigration. He has started a Facebook site called 'Immigration Struggles' to hear from others.
"It could affect my chances, [being outspoken], but I'm a firm believer that if nothing's said, and no one stands up to this, then nothing is ever going to change," says Clark.
http://www.cbc.ca/news/canada/new-brunswick/immigration-england-new-brunswick-1.4032343
Immigration paperwork interrupts 'happily ever after' for Harvey couple
A glitch in immigration paperwork could send Briton back home after recent marriage to Canadian
By Elizabeth Fraser, CBC News
Posted: Mar 20, 2017 5:22 PM AT
Love knows no bounds — except maybe if Citizenship and Immigration Canada is involved.
Matthew Clark has been trying to get a work permit and permanent resident status since he and his wife, Katherine, were married in 2015.
But instead of making progress down that road, Clark is about to fly home to the United Kingdom because, he says, of a glitch in his paperwork.
And there's no guarantee the Harvey resident will be able to return to Canada.
Clark, a former physical education teacher, started running into obstacles last year when his application for a work permit was returned to him. He'd forgotten to sign one of the many documents required by Canada's Department of Immigration.
"My opinion of Canada isn't exactly great at the moment," said the frustrated Clark, who had looked forward to married life in Canada, away from the large crowds of the U.K.
"The place itself is beautiful but the way … it's run I just can't believe some of the stuff that's happening."
Clark, who met his wife teaching in Britain a few years ago, sent off his application for a work permit in December 2015.
He didn't hear from anyone until the end of January 2016, when a form came back highlighting a signature line he overlooked in the pile of paperwork, bank statements and photographs required as proof of the couple's relationship.
"The document was like a novel," he said during an interview with Information Morning Fredericton.
That same day, Clark sent back the paperwork with the proper signature, only to see it bounce back again in March.
'It messes with people's lives'
Then, Clark said, he received a notice from Immigration saying there was a form he didn't fill in that asked for additional family information. He said the department also asked for an additional payment for a work permit.
Clark contacted Karen Ludwig, the member of Parliament for New Brunswick Southwest, whose office contacted the Immigration Department.
That's when Clark learned his application had been accepted and he would be getting a work permit by the end of July.
Two weeks into August, he called Ludwig's office again and was told was given the wrong information. There would be no work permit.
"It's not even the permanent residency that's the biggest issue here," Clark said. "I just want to be able to work."
The Immigration Department said it could not comment on a specific case without a person's signed consent. CBC tried for a comment from Ludwig's office, which said it is working on a response.
Information Morning - Fredericton
Matthew Clark - Immigration
00:00
14:29
"It was just an ongoing battle from August until now," he said. "The information I've been given from the CIC has been nothing but appalling.
"You have Prime Minister Trudeau constantly saying in the media, 'Canada is a diverse country, Canada needs immigrants to boost its economy,' but you have an immigration system in place that is there to catch people out, instead of helping them," he said.
With his visa running out, Clark has already bought his plane ticket home and leaves March 26. While there, he'll visit family and hopes to return to Canada on April 13, the day his return ticket is dated.
But he isn't so sure.
"Essentially I've been red-flagged," Clark said.
"They [government officials] prefer you to be in the country being a burden on society, instead of contributing to society," he said. "It messes with people's lives."
---------- Original message ----------
From: Minister
Date: Sat, 18 Mar 2017 07:09:53 -0400
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
La version française suit.
This is an automatic acknowledgement of your e-mail addressed to the Minister of Immigration, Refugees and Citizenship.
Please note that Immigration, Refugees and Citizenship Canada (IRCC) is experiencing a significant increase in the volume of correspondence received and we will strive to respond to your enquiry in as timely a manner as possible.
---------- Original message ----------
From: David Amos
Date: Sat, 18 Mar 2017 07:09:44 -0400
Subject: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: Minister@cic.gc.ca, Ahmed.Hussen@parl.gc.ca, ImmigrationMinister@novascotia.ca, info@lenadiab.ca, justmin
Cc: David Amos
http://davidraymondamos3.blogspot.ca/2017/03/attn-ministers-lena-metlege-diab-and.html
Saturday, 18 March 2017
ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about
David and Kathryn Wright of Vogler’s Cove troubles with Immigaration
on CBC
Lawyers such as you should know for fact that if I can help Randy Quaid and several others remain in Canada over the years when Monte Soleberg, Jason Kenney and Chris Alexander did the dirty work torturing immigrants for the Harper Government then I can help the Wrights as well particularly now that the LIEbranos have the mandate again N'esy Pas Mr Prime Minister Trudeau "The Younger" and Dizzy Lizzy May???
https://immigration.novascotia.ca/minister
Nova Scotia Immigration
The Honourable Minister of Immigration,
Justice and Attorney General, Lena Metlege Diab
Nova Scotia Office of Immigration
1469 Brenton Street 3rd floor
Halifax NS B3J 2Y3
Phone: (902) 424-5230
Fax: (902) 424-7936
ImmigrationMinister@novascotia.ca
The Honourable Ahmed D. Hussen MP
Minister of Immigration, Refugees and Citizenship
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Telephone: 613-954-1064
Fax: 613-952-5533
Minister@cic.gc.ca
M. Lee Cohen
Lee Cohen has been practicing law in Canada since 1981. His practice is dedicated exclusively to matters related to immigration, refugees and human rights. He has assisted hundreds of foreign nationals seeking entry into Canada and has extensive experience preparing all categories of immigration applications and procedures for people.
M. Lee Cohen & Associates
7071 Bayers Road, Suite 5009,
Halifax, Nova Scotia,
B3L 2C2
Phone: 902-423-2412
Fax: 902-425-0109
Email: mlcohen@eastlink.ca
https://southshoreconnect.cioc.ca/record/MDL0235
Voglers Cove Community Hall Association
8544 Hwy 331
Voglers Cove, NS B0J 2H0
Contact Patrick Love, Chair;
Phone: 902-935-3300;
Email: patricklove@eastlink.ca
Alternate Contact
Bruce Newell, Vice Chair;
Phone: 902-677-2287;
Email: earth5@eastlink.ca
Mailing Address c/o Patrick Love
8375 Rte 331, RR 2, Mill Village
Voglers Cove B0J 2H0
http://www.theadvance.ca/news/local/2017/3/15/vogler_s-cove-couple-lose-their-deportatation-appeal.html
Vogler’s Cove couple lose their deportatation appeal
Dave and Kat Wright of Vogler’s Cove
have lost their deportation appeal – which means they are on the list to
be deported to the United States. But the couple plans to continue
fighting to stay in Canada.
VOGLER'S COVE - A
couple from Vogler’s Cove who have been fighting a deportation order to
the United States have lost their appeal to the Canadian Immigration and
Refugee Board.
David and Katherine Wright were given a removal order from Canada in 2011,The couple moved from the U.S. to Canada in 1972, and received landed immigrant status. They settled in Vogler’s Cove, where David tried lobster fishing, but after five disastrous years, David took a job in the United States.
They stayed there for 35 years.
In 2011, the couple returned to Vogler’s Cove, which they say they consider their home. They have the support of the community behind them.
But the federal government handed them a removal order – saying they did not meet the required 730 days in Canada per five years that would allow them to maintain their landed immigrant status.
They appealed that decision, and in 2014 they won the appeal on compassionate grounds.
But the federal government appealed, and after a hearing last fall, the decision has been released.
The Wright’ appeal has been dismissed.
The judge who heard the case, Haig Basmajian, said the decision was very hard to make.
“The tribunal also wishes to reiterate that this was a very difficult decision as these are quality individuals. If the criteria would have been would you want these people as your neighbours, objectively almost anyone would probably wish so.” he wrote.
“However, as mentioned from the outset there are criteria and limitations to discretionary power. It does not give the authority to modify or change existing legislation.”
The judge noted that although the Wright’s are well established in Vogler’s Cove, and have the support of their small community behind them, they have no family here.
The decision also said there would be no hardship for the couple to return to the United States.
“The tribunal cannot substitute itself to the legislator’s authority regarding some aspects which were brought up or implied, whether it is to give special consideration for individuals who immigrate and establish themselves and integrate themselves in small rural areas versus large urban centers where most immigration takes place, or if friends can substitute family, especially in the context of a small rural community with a declining population, or regarding the fact that there seems to be an absence in Canadian immigration legislation for individuals who simply want to retire full time in Canada, or even in this case, if a stay could be granted by opting out of the provincial medical coverage regime, he wrote.
“And the tribunal would be overstepping its boundaries by considering these aspects. The tribunal did however attempt to take a large and generous interpretation into the unique considerations of this case, however unfortunately, objectively, it could not find sufficient aspects to overcome the mentioned shortcomings regarding the appellants’ residency obligations.”
The Wrights say they intend to continue fighting to stay in their beloved Vogler’s Cove.
Their lawyer, Lee Cohen, will be at Vogler’s Cove Community Hall on April 2 at 3 p.m. to engage the community on the Wright’s behalf.
At the same time, Cohen is filing a Humanitarian and Compassionate Appeal to the government of Canada.
The couple are seeking letters of support from local people organizations, professionals, political and community leaders to augment that appeal.
http://www.cbc.ca/news/canada/nova-scotia/david-wright-kathryn-wright-deportation-order-immigration-1.4028868
Couple in N.S. hopes for last-minute reprieve from 'devastating' deportation
Americans David and Kathryn Wright say they belong in Voglers Cove, where they have lived for 5 years
By Richard Woodbury, CBC News Posted: Mar 18, 2017 6:30 AM A
A tiny community of about 200 people on Nova Scotia's south
shore is rallying behind a husband and wife from the U.S. who are under a
deportation order to leave Canada.
David and Kathryn Wright say they're heartbroken at the thought of leaving Voglers Cove, a picturesque hamlet on the Medway River that they've called home for five years.
"It's devastating," said Kathryn Wright. "We love Voglers Cove. We've always wanted to be here and the idea of having to leave is just mind-boggling.
"We're in our 70s. We have no place to go. Everything we own is here."
In late December, the couple lost their appeal of a removal order before the Immigration and Refugee Board of Canada. Despite ruling against the Wrights, the board noted in its decision that "almost anyone" would want the pair as neighbours.
The couple are active members of the community in Voglers Cove, tucked away between Liverpool and Lunenburg. Kathryn Wright helped set up a library at the local community hall and organizes book readings, while her husband volunteers as a radio operator with the local fire department and helps out with their breakfast fundraisers.
"They're extremely community-minded, which is why the whole community has rallied behind them. In a community as small as 200, every person counts," said Eric Hustvedt, the municipal councillor for Voglers Cove and some other nearby communities.
He pointed to the couple's most recent immigration appeal hearing, which was held in Halifax in September.
Around 50 people made the 128-kilometre trek from Voglers Cove to support the couple. There were so many supporters that they had to take turns being shuffled in and out of the room to watch the proceedings.
The couple's lawyer, Lee Cohen, said it's unusual for people outside of family members to attend such hearings, let alone dozens of community members.
The board made its ruling on Dec. 22, 2016, giving the Wrights 30 days to voluntarily leave the country. After 30 days, the removal order turned into a deportation order.
The ruling is the latest roadblock in the couple's efforts to build a life in Canada.
Their story began in 1972 when the couple first moved to Nova Scotia from Massachusetts to follow David Wright's dream of being a lobster fisherman and the couple's quest to live in a safe and welcoming place. That plan didn't work out and five years later, the couple moved back to the U.S., but always intended on coming back to Canada.
While the couple made occasional visits to Canada, they decided to return permanently in January 2012 and were armed with landed immigrant status cards they received in the 1970s. That immigration classification is known as a permanent resident today.
"They figured that all they had to do was drive into Canada, report at the port of entry and make their way to Nova Scotia and live happily live after," said Cohen, who has represented the couple since 2012.
To maintain one's permanent residency, a person must spend at least 730 days total — or two years, off and on — in Canada over a five-year period. But the Wrights fell far short of that requirement.
David Wright had been in the country for only about 200 days total, while his wife had spent about 140 days in Canada.
Despite these issues, the border agent let them into the country, said Cohen, as they were still permanent residents, a judge hadn't ruled they weren't and they hadn't voluntarily given up their permanent residency.
"The border official did technically have to let them in if they insisted on coming in," said Cohen.
The border agent then issued a removal order, which the Wrights appealed before the Immigration and Refugee Board of Canada. The matter was heard on Feb. 26, 2014.
A panel of the board's immigration appeal division later ruled the removal order be set aside and that the Wrights hadn't lost their permanent residency status. The panel said there were sufficient humanitarian and compassionate grounds for them to stay that outruled their non-compliance of residency obligations.
The federal government then appealed the case in Federal Court, which was heard on Dec. 9, 2014, and it later overturned the previous decision.
This triggered a requirement that the matter be heard again by the immigration appeal division of the Immigration and Refugee Board of Canada. The hearing was held on Sept. 21, 2016, and while it later upheld the Federal Court ruling, the person who oversaw the hearing had kind words for the Wrights.
"The tribunal also wishes to reiterate that this was a very difficult decision as these are quality individuals. If the criteria would have been would you want these people as your neighbours, objectively almost anyone would probably wish so," said Haig Basmajian in his decision.
Appeals can be argued based on the law or on equity (humanitarian reasons), or both. Cohen has argued the case solely on humanitarian grounds in all three instances. His clients don't dispute the removal order isn't legally valid.
Rather, the Wrights see Voglers Cove as their home and don't think
they'd be able to afford to live in the U.S. given housing and
health-care costs.
The couple said they live on a combined annual income of $20,000 plus social security benefits in Voglers Cove, where a oceanfront home can be bought for less than $150,000.
"There's no place where we have a community of people or family in one spot in the United States ... We're living really on the edge of what we can afford here and we're settled here," said Wright.
"It works here. I don't know it would work anywhere else financially."
The Wrights said they're also leery of the political climate in the U.S., which is why they left in the first place in 1972.
Back then, they were concerned about the right-wing turn of the country under the Nixon administration and social problems such as riots and assassinations.
"It's much worse than it was back then," said Wright.
"Nixon, at least, was semi-rational. The orange one [President Donald Trump] isn't," added David Wright.
Now that the deportation order is in effect, the Wrights are having a so-called pre-removal risk assessment done. With their appeal hopes exhausted, the Wrights hope the assessment finds there's a reason why deporting them would be unsafe or pose a threat to their liberty.
The federal immigration minister could intervene in their favour.
Both the Wrights and Cohen can't understand why, with Nova Scotia's aging population and shrinking rural communities, authorities are trying to have them removed from the country.
"We really belong here," said Kathryn Wright.
"Nova Scotia needs us, as well as lot of other people, to live in rural Nova Scotia."
With files from Maritime NoonDavid and Kathryn Wright say they're heartbroken at the thought of leaving Voglers Cove, a picturesque hamlet on the Medway River that they've called home for five years.
"It's devastating," said Kathryn Wright. "We love Voglers Cove. We've always wanted to be here and the idea of having to leave is just mind-boggling.
"We're in our 70s. We have no place to go. Everything we own is here."
Loved by community
In late December, the couple lost their appeal of a removal order before the Immigration and Refugee Board of Canada. Despite ruling against the Wrights, the board noted in its decision that "almost anyone" would want the pair as neighbours.
The couple are active members of the community in Voglers Cove, tucked away between Liverpool and Lunenburg. Kathryn Wright helped set up a library at the local community hall and organizes book readings, while her husband volunteers as a radio operator with the local fire department and helps out with their breakfast fundraisers.
"They're extremely community-minded, which is why the whole community has rallied behind them. In a community as small as 200, every person counts," said Eric Hustvedt, the municipal councillor for Voglers Cove and some other nearby communities.
Deportation order issued
He pointed to the couple's most recent immigration appeal hearing, which was held in Halifax in September.
Around 50 people made the 128-kilometre trek from Voglers Cove to support the couple. There were so many supporters that they had to take turns being shuffled in and out of the room to watch the proceedings.
The couple's lawyer, Lee Cohen, said it's unusual for people outside of family members to attend such hearings, let alone dozens of community members.
The board made its ruling on Dec. 22, 2016, giving the Wrights 30 days to voluntarily leave the country. After 30 days, the removal order turned into a deportation order.
The ruling is the latest roadblock in the couple's efforts to build a life in Canada.
Their story began in 1972 when the couple first moved to Nova Scotia from Massachusetts to follow David Wright's dream of being a lobster fisherman and the couple's quest to live in a safe and welcoming place. That plan didn't work out and five years later, the couple moved back to the U.S., but always intended on coming back to Canada.
'Live happily ever after'
While the couple made occasional visits to Canada, they decided to return permanently in January 2012 and were armed with landed immigrant status cards they received in the 1970s. That immigration classification is known as a permanent resident today.
"They figured that all they had to do was drive into Canada, report at the port of entry and make their way to Nova Scotia and live happily live after," said Cohen, who has represented the couple since 2012.
To maintain one's permanent residency, a person must spend at least 730 days total — or two years, off and on — in Canada over a five-year period. But the Wrights fell far short of that requirement.
David Wright had been in the country for only about 200 days total, while his wife had spent about 140 days in Canada.
Despite these issues, the border agent let them into the country, said Cohen, as they were still permanent residents, a judge hadn't ruled they weren't and they hadn't voluntarily given up their permanent residency.
"The border official did technically have to let them in if they insisted on coming in," said Cohen.
Appeal history
The border agent then issued a removal order, which the Wrights appealed before the Immigration and Refugee Board of Canada. The matter was heard on Feb. 26, 2014.
A panel of the board's immigration appeal division later ruled the removal order be set aside and that the Wrights hadn't lost their permanent residency status. The panel said there were sufficient humanitarian and compassionate grounds for them to stay that outruled their non-compliance of residency obligations.
The federal government then appealed the case in Federal Court, which was heard on Dec. 9, 2014, and it later overturned the previous decision.
This triggered a requirement that the matter be heard again by the immigration appeal division of the Immigration and Refugee Board of Canada. The hearing was held on Sept. 21, 2016, and while it later upheld the Federal Court ruling, the person who oversaw the hearing had kind words for the Wrights.
"The tribunal also wishes to reiterate that this was a very difficult decision as these are quality individuals. If the criteria would have been would you want these people as your neighbours, objectively almost anyone would probably wish so," said Haig Basmajian in his decision.
Case argued on humanitarian grounds
Appeals can be argued based on the law or on equity (humanitarian reasons), or both. Cohen has argued the case solely on humanitarian grounds in all three instances. His clients don't dispute the removal order isn't legally valid.
The couple said they live on a combined annual income of $20,000 plus social security benefits in Voglers Cove, where a oceanfront home can be bought for less than $150,000.
"There's no place where we have a community of people or family in one spot in the United States ... We're living really on the edge of what we can afford here and we're settled here," said Wright.
"It works here. I don't know it would work anywhere else financially."
Fear of living in Trump's America
The Wrights said they're also leery of the political climate in the U.S., which is why they left in the first place in 1972.
Back then, they were concerned about the right-wing turn of the country under the Nixon administration and social problems such as riots and assassinations.
"It's much worse than it was back then," said Wright.
"Nixon, at least, was semi-rational. The orange one [President Donald Trump] isn't," added David Wright.
Now that the deportation order is in effect, the Wrights are having a so-called pre-removal risk assessment done. With their appeal hopes exhausted, the Wrights hope the assessment finds there's a reason why deporting them would be unsafe or pose a threat to their liberty.
The federal immigration minister could intervene in their favour.
'We really belong here'
Both the Wrights and Cohen can't understand why, with Nova Scotia's aging population and shrinking rural communities, authorities are trying to have them removed from the country.
"We really belong here," said Kathryn Wright.
"Nova Scotia needs us, as well as lot of other people, to live in rural Nova Scotia."
http://www.southerngazette.ca/news/regional/2016/7/5/vogler-s-cove-couple-hire-famous-maritim-4578975.html
Vogler's Cove couple hire famous Maritime immigration lawyer to fight deportation
Barb McKenna barb.mckenna@tc.tc
Published on July 5, 2016
VOGLER'S COVE, NS - The Maritime’s most famous immigration lawyer, Lee Cohen, has taken on the case of David and Kathryn Wright.
The couple who live on Nova Scotia's South Shore are fighting to stay in Canada after having received a removal order to the United States from the federal government.
The couple gained landed immigrant status in 1972, but had to leave after David lost his fishing gear three years in a row. They moved back to the United States for 35 years, but returned to Canada in 2012. They were immediately ordered removed, but fought the order through the Immigration and Refugee board and won on compassionate grounds. The federal government appealed, and now a new hearing is scheduled for September.
Cohen says the couple always intended to stay in Canada, and he says the law entitles them to stay in the country.
“They were permanent residents at one point and there is law in Canada that allows the immigration system to look sympathetically at their case to determine whether they have extinguished or abandoned their permanent resident status.”
Cohen says they were already able to convince an adjudicator that the couple should stay on humanitarian grounds.
He says he will fight very hard for the couple.
“Kat and Dave were extremely credible witnesses, and I think that’s why they were successful in the first round. I think the board member probably came into that hearing doubting that they would succeed, and then after sitting down in a full day hearing, the board member was impressed with their credibility and their integrity.”
He says the board member was also impressed by the support of the residents of Vogler’s Cove. About 20 showed up at the hearing, which Cohen says is very uncommon.
“Most common is to have nobody there. And I think that too was very impressive to the board member,” he says.
“One of my challenges is to help the board understand the difference from Halifax, or from Montreal to Toronto. And Kat and Dave are well established in their community.”
He says he plans do exactly what they did the last time “but we will do more, we really did hit a home run the last time and we have to do that again,” he says.
“We may very well want to call local community members to express their support of the couple.”
Cohen, based in Halifax, says there are many humanitarian criteria that the Wright’s qualify for.
The lawyer is known for representing high-profile immigration cases. One such case involved a family who lived in a church basement for a more than a year. They were eventually granted citizenship.
The hearing is scheduled for September.
http://www.journalpioneer.com/news/regional/2016/6/30/couple-fights-federal-order-to-deport-th-4575702.html
Couple fights federal order to deport them to U.S. from Nova Scotia's South Shore
Barb McKenna barb.mckenna@tc.tc
Published on June 30, 2016
David and Kathryn Wright are fighting to stay in Canada after they received an federal removal order to leave their home in Vogler’s Cove.
©TC Media
VOGLER'S COVE, N.S. - David and Kathryn Wright of Vogler’s Cove are fighting a deportation order that says they have to return to the United States, and they have the support of the small South Shore community behind them.
The couple first moved to Vogler’s Cove from the U.S. in 1972, and received landed immigrant status.
“Our intention was to become Canadian citizens,” says Kathryn. The couple became heavily involved in the community, David worked as a firefighter and Kathryn started a library.
“We fell in love with the people of Vogler’s Cove with open arms,” Kathryn says.
But it was David’s dream of lobster fishing that ruined their plans of staying in Vogler’s Cove at the time.
After five years of fishing, David ran into trouble. A few bad years caused him to lose all his gear, and he found himself out of work. The couple tried to find work elsewhere in the province, but were unable to.
Then they got an offer from David’s father to join a firm in the United States – so they decided to move. They didn’t plan to stay in the United States for 35 years, and over those years they applied for jobs in Canada, but were not able to find any.
In 2011, they decided it was time to come back to Vogler’s Cove. They sold their home, bought a house in Vogler’s Cove, and headed to the border.
That’s when they ran into trouble.
“They let us in, and gave us a removal order,” says David.
The reason was because the couple had spent 35 years outside of Canada, and did not meet the required 730 days in Canada per five years that would allow them to maintain their landed immigrant status.
The Wright’s hired Immigration Lawyer Lee Cohen to fight the removal order, and in 2014, they won the right to stay in Canada, under compassionate grounds.
The hearing officer noted that 20 people from Vogler’s Cove showed up at the hearing to support them.
But the federal department of immigration appealed that decision, and now the couple has found themselves facing another removal order. An appeal hearing is scheduled for September.
The Wright’s say the entire community is behind them. Their lawyer met with the tiny community of only about 100 people last week and about 50 people showed up in support.
The Wright’s are now in their 70’s, and say being deported would be devastating to them.
“Everything that we own is here in Vogler’s Cove,” says Kathryn. “We would be living in poverty in the United States.”
They say they also feel like the community is more “home” to them than anywhere they’ve ever lived.
“The people of Vogler’s Cove are our family. These people are my tribe,” says David.
Both are still working.
The couple are asking people to write in support to the Immigration Appeal Division of the Immigration and Refugee Board of Canada.
The appeal hearing is scheduled for Sept. 21 in Halifax.
http://canadianpublius.blogspot.ca/2006/06/soleberg-on-clements-shares.html
Tony Clement owns shares in a private pharma company. Some people think that puts him in a conflict of interest.
According to PoliticsWatch.com, Tony thinks it's "none of your business!" Tony says he has taken the advice of the Ethics Commissioner and that he shouldn't be taking ethics lessons from Liberals.
A bit odd though.
Only a few months ago, his boss Harper was calling the Ethics Commissioner a "liberal appointee."
So I guess, Tony is taking ethics lessons from a liberal... but I digress...
Me? I think he should keep his shares. He's followed the Ethic Commish's ruling, and we should all get on with our lives.
But no-one voted for me. What do our duly elected leaders have to say...?
"The one way to clear this thing up is to get rid of the company, " said Minister of Citizenship and Immigration, Monte Soleberg to Louise Elliot at CP.
Ooops, I am sorry, Monte was talking about CSL and Paul Martin's kids owning the company on February 6, 2004.... what a difference an election makes...
Uh-oh ... here come the "principles of convenience" again ...
Here is a blogger challenge - let's see who can come up with another Tory urging a liberal to sell due to risk of conflict of interest....
http://www.cbc.ca/news/canada/nova-scotia/syrians-refugees-cohen-lawyer-target-1.3317584
Immigration lawyer Lee Cohen says 'this is not the time to dither' on refugees
Bringing 25,000 Syrian refugees to Canada before the end of the year is 'ambitious,' but 'possible'
By Hal Higgins, CBC News
Posted: Nov 13, 2015 12:40 PM AT
Noted Halifax lawyer Lee Cohen says in spite of the short time frame, the new federal government's goal of welcoming 25,000 Syrian refugees to Canada before the end of the year is entirely possible.
Cohen, who has dedicated his practice to matters related to immigration, refugees and human rights since 1981, was in Sydney taking part in a law conference.
The promise made by the Liberal government is "ambitious," but "it is possible if the will is there," he told CBC Radio Cape Breton's Information Morning.
"A lot of the families are already identified," he says. "And that's being done by people on the ground there now. And it's largely being done by the United Nations High Commission for Refugees operating on the ground there.
"So a lot of this work has been going on for many, many months. In fact, for a couple of years."
When asked if Canada needs more time to get ready for the influx, he said: "This is not the time to dither."
He argues that Syrian refugees won't be put off by less-than-ideal accommodations in the short term in Canada. He says the conditions under which they're currently living are deplorable and they need help immediately.
He suggests they could be temporarily housed at military bases across the country until other arrangements can be made.
Regardless of whether the goal of 25,000 can be reached, Cohen says the time to get on with the job is now.
"If we don't hit the target, it's not a failure."
http://www.cbc.ca/news/canada/nova-scotia/syrian-refugees-halifax-entrepreneurs-economy-1.3317089
Syrian refugees will help stimulate economy, says Halifax Chamber of Commerce
Refugees 'come into Nova Scotia, create wealth, create jobs, increase tax revenue,' says board chair
By Sabrina Fabian, CBC News
Posted: Nov 13, 2015 6:27 AM AT
As Canada prepares to welcome 25,000 new refugees from Syria
before the end of the year, the business community in Nova Scotia is
eagerly awaiting their arrival.
Some believe an influx of new and ambitious refugees could help stimulate the economy.
In February 2014, Nova Scotia's Ivany Report recommended that the province receive 7,000 new immigrants annually.
With the co-operation of the federal government, Nova Scotia would receive its proportional share — 2.7 per cent — of all new international immigrants to Canada, the report recommends.
The current five-year average is 2,400 immigrants per year.
Rob Batherson, chair of the board of directors of the Halifax Chamber of Commerce, says that 7,000 immigrants would help maintain or even increase the overall population.
"We've had stagnant population now for quite some time and we have an
aging population as well. So gradually the working age population is
shrinking ... We need new, younger people to come into the economy to
contribute, to set up businesses, employ other Nova Scotians and expand
our tax base rather than manage with a shrinking tax base."
Batherson said Syrians, like other immigrant groups that have come to the province in the past, are likely to be entrepreneurs and have a strong willingness to work.
"For example, many of today's most successful business leaders were refugees from Lebanon, from the civil war in the '60s and '70s," said Batherson. "[They] come into Nova Scotia, create wealth, create jobs, increase tax revenue. So what I'm excited about with the potential with more Syrian refugees coming in is who in that class of refugees will be the next Nova Scotia success story for the next 30 years?"
In Cape Breton, members of the Lifeline Syria Cape Breton committee met with Sydney-Victoria MP Mark Eyking and a representative from Glace Bay MP Rodger Cuzner's office on Thursday afternoon.
They met to push forward the group's message that it is prepared to welcome refugees.
Amanda McDougall, manager of Immigration Partnerships at Cape Breton University and a member of the group, participated in the discussion. She echoed Batherson's statements.
"We've had [an] influx of huge numbers of immigrants and refugees
throughout our history. It's proven that when refugees come here, they
come with a more entrepreneurial spirit. There's a different type of
work ethic. Families come, businesses grow, opportunities grow."
McDougall hopes the government will consider settling refugees in smaller urban centres like Sydney, which stand to gain a lot from an influx of new immigrants. On the flip side, the community can do a lot for its new residents.
"You would really get more bang for your buck in terms of supports for refugees. When you're putting a small amount of money into refugee services here, it's really creating such a wonderful outpouring to the entire community and refugees are going to receive a lot more one-on-one support," McDougall said.
She admits areas outside metro Halifax lack certain immigration settlement services that refugees would be seeking.
McDougall said she has asked that the government assist in providing those services in the immediate future and that eventually they be more evenly spread out in the province.
Nova Scotia's Immigration Minister Lena Diab is expected to make an announcement on the province's role in the refugee crisis on Friday following a meeting with her federal counterpart, John McCallum.
---------- Original message ----------
From: Minister
Date: Sat, 18 Mar 2017 07:09:53 -0400
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
La version française suit.
This is an automatic acknowledgement of your e-mail addressed to the Minister of Immigration, Refugees and Citizenship.
Please note that Immigration, Refugees and Citizenship Canada (IRCC) is experiencing a significant increase in the volume of correspondence received and we will strive to respond to your enquiry in as timely a manner as possible.
If this is a request for case information, the responsibility placed on us by the Privacy Act to protect all personal information precludes us from responding to you with case specific information using e-mail, unless we are able to verify that you are entitled/authorized to receive the case specific information. Therefore, only general information would be provided in response to your enquiry.
We will not respond to e-mails concerning the following:
* Assessment of points/qualifications.
* Calculation of time for citizenship eligibility.
* Travel documents/requirements for travel to other countries.
* Inquiries about U.S. Immigration.
* General information about visiting, living, working or studying in Canada.
* Information requests regarding a case where there is a lack of specific information provided (full name(s) with correct spelling, address, date(s) of birth, country of birth, applicable file number, office of application, etc.).
* Allegations of fraud. Please refer to http://www.cic.gc.ca/english/information/protection/fraud/report.asp.
* Temporary Resident Visa (TRV) application refusals. Please refer to http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=422&top=16.
* The use of an authorized representative (www.cic.gc.ca/english/information/representative/rep-who.asp).
* Opinions about recent announcements/news releases/cases.
* General enquiries about Canada’s Syrian refugees resettlement plan (please consult our Website at #WelcomeRefugees).
For more information about IRCC, including online services, please visit: www.cic.gc.ca.
E-mail is not a secure channel of communication. IRCC is not liable for the unauthorized disclosure of personal information or the misuse of that information by a third party where we have taken reasonable means to verify the identity of the party.
-----------------------------------------
La présente est un message automatique pour accuser réception de votre courriel adressé au ministre de l’Immigration, des Réfugiés et de la Citoyenneté.
Veuillez noter qu’Immigration, Réfugiés et Citoyenneté Canada (IRCC) connaît une augmentation importante du volume de correspondance reçue et que nous nous efforcerons de répondre à votre demande le plus rapidement possible.
Si votre courriel vise à obtenir de l’information sur un cas, compte tenu de l’obligation que nous avons de protéger tous les renseignements personnels conformément à la Loi sur la protection des renseignements personnels, nous ne pouvons vous répondre par courriel à moins d’être en mesure de confirmer que vous avez le droit ou l’autorisation de recevoir l’information demandée. Par conséquent, seuls des renseignements généraux vous seront fournis.
Nous ne répondrons pas aux courriels concernant les éléments suivants :
* L’attribution des points et l’évaluation des qualifications.
* Le calcul du temps passé au Canada aux fins de l’admissibilité à la citoyenneté.
* Les documents de voyage et les exigences pour se rendre dans un autre pays.
* Renseignements au sujet des services d’immigration des États‑Unis.
* Comment visiter, vivre, travailler ou étudier au Canada.
* Les demandes d’information portant sur un cas pour lequel certains renseignements précis n’ont pas été fournis (nom complet bien orthographié, adresse, date de naissance, pays de naissance, numéro de dossier applicable, bureau où la demande a été présentée, etc.).
* Un cas présumé de fraude. Veuillez consulter : http://www.cic.gc.ca/francais/information/protection/fraude/signaler.asp.
* Le refus d’une demande de visa de résident temporaire. Veuillez consulter : http://www.cic.gc.ca/francais/centre-aide/reponse.asp?qnum=422&top=16.
* Le recours aux services d’un représentant autorisé. Veuillez consulter : http://www.cic.gc.ca/francais/information/representants/representant-qui.asp.
* Un point de vue concernant une nouvelle, un communiqué de presse ou un cas en particulier.
* Les demandes de renseignements généraux à propos du plan de réinstallation des réfugiés syriens du Canada. Veuillez consulter : #Bienvenueauxréfugiés.
Pour de plus amples renseignements à propos d’IRCC, y compris les services offerts en ligne, veuillez consulter : www.cic.gc.ca.
Le courriel n’est pas un moyen de communication sûr. IRCC n’est pas responsable de la divulgation non autorisée de renseignements personnels à une tierce partie ou de l’utilisation malveillante de cette information par celle‑ci lorsque nous avons pris tous les moyens raisonnables pour vérifier l’identité de cette tierce partie.
---------- Original message ----------
From: Justice Minister
Date: Sat, 18 Mar 2017 11:09:48 +0000
Subject: Automatic reply: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
Thank you for your email to the Minister of Justice. Please be assured that it has been received by the Department. Your email will be reviewed and addressed accordingly. Thank you.
---------- Original message ----------
From: "Joly, Mélanie (PCH)"
Date: Sat, 18 Mar 2017 11:09:51 +0000
Subject: Accusé de réception / Acknowledge Receipt
To: David Amos
Merci d’avoir écrit à l’honorable Mélanie Joly, ministre du Patrimoine canadien.
La ministre est toujours heureuse de prendre connaissance des commentaires de Canadiens sur des questions d’importance pour eux. Votre courriel sera lu avec soin.
Si votre courriel porte sur une demande de rencontre ou une invitation à une activité particulière, nous tenons à vous assurer que votre demande a été notée et qu’elle recevra toute l’attention voulue.
**********************
Thank you for writing to the Honourable Mélanie Joly, Minister of Canadian Heritage.
The Minister is always pleased to hear the comments of Canadians on subjects of importance to them. Your email will be read with care.
If your email relates to a meeting request or an invitation to a specific event, please be assured that your request has been noted and will be given every consideration.
---------- Original message ----------
From: Green Party of Canada | Parti vert du Canada
Date: Sat, 18 Mar 2017 11:10:07 +0000
Subject: Re: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
-- Please reply above this line --
(Français à suivre)
Thank you for contacting the Green Party of Canada. Due to the high
volume of email we receive, we cannot guarantee that all inquiries
will be answered. With our small team, we do our best to respond as
staffing and resources permit.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"
Date: Sat, 18 Mar 2017 11:10:03 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
Thank you for writing to the Premier of New Brunswick. Please be assured that your email will be reviewed.
Nous vous remercions d’avoir communiqué avec le premier ministre du Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
---------- Original message ----------
From: Póstur FOR
Date: Sat, 18 Mar 2017 11:11:18 +0000
Subject: Re: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler?s Cove troubles with Immigaration on CBC
To: David Amos
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"
Date: Sat, 18 Mar 2017 11:09:51 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
The Department of Finance acknowledges receipt of your electronic correspondence. Please be assured that we appreciate receiving your comments.
Le ministère des Finances accuse réception de votre correspondance électronique. Soyez assuré(e) que nous apprécions recevoir vos commentaires.
http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&txtToDate=&txtPrecis=immigration&Page=secretariats&txtOICID=&txtAct=&txtBillNo=&txtFromDate=&txtDepartment=&txtChapterNo=&txtChapterYear=&rdoComingIntoForce=&DoSearch=Search+/+List&pedisable=true&pg=4&viewattach=33079&blnDisplayFlg=1
http://www.canlii.org/en/ca/fct/doc/2015/2015fc3/2015fc3.html
http://www.canlii.org/en/ca/fct/doc/2015/2015fc3/2015fc3.pdf
Some believe an influx of new and ambitious refugees could help stimulate the economy.
In February 2014, Nova Scotia's Ivany Report recommended that the province receive 7,000 new immigrants annually.
With the co-operation of the federal government, Nova Scotia would receive its proportional share — 2.7 per cent — of all new international immigrants to Canada, the report recommends.
The current five-year average is 2,400 immigrants per year.
Rob Batherson, chair of the board of directors of the Halifax Chamber of Commerce, says that 7,000 immigrants would help maintain or even increase the overall population.
Batherson said Syrians, like other immigrant groups that have come to the province in the past, are likely to be entrepreneurs and have a strong willingness to work.
"For example, many of today's most successful business leaders were refugees from Lebanon, from the civil war in the '60s and '70s," said Batherson. "[They] come into Nova Scotia, create wealth, create jobs, increase tax revenue. So what I'm excited about with the potential with more Syrian refugees coming in is who in that class of refugees will be the next Nova Scotia success story for the next 30 years?"
Cape Breton ready for refugees
In Cape Breton, members of the Lifeline Syria Cape Breton committee met with Sydney-Victoria MP Mark Eyking and a representative from Glace Bay MP Rodger Cuzner's office on Thursday afternoon.
They met to push forward the group's message that it is prepared to welcome refugees.
Amanda McDougall, manager of Immigration Partnerships at Cape Breton University and a member of the group, participated in the discussion. She echoed Batherson's statements.
McDougall hopes the government will consider settling refugees in smaller urban centres like Sydney, which stand to gain a lot from an influx of new immigrants. On the flip side, the community can do a lot for its new residents.
"You would really get more bang for your buck in terms of supports for refugees. When you're putting a small amount of money into refugee services here, it's really creating such a wonderful outpouring to the entire community and refugees are going to receive a lot more one-on-one support," McDougall said.
She admits areas outside metro Halifax lack certain immigration settlement services that refugees would be seeking.
McDougall said she has asked that the government assist in providing those services in the immediate future and that eventually they be more evenly spread out in the province.
Nova Scotia's Immigration Minister Lena Diab is expected to make an announcement on the province's role in the refugee crisis on Friday following a meeting with her federal counterpart, John McCallum.
---------- Original message ----------
From: Minister
Date: Sat, 18 Mar 2017 07:09:53 -0400
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
La version française suit.
This is an automatic acknowledgement of your e-mail addressed to the Minister of Immigration, Refugees and Citizenship.
Please note that Immigration, Refugees and Citizenship Canada (IRCC) is experiencing a significant increase in the volume of correspondence received and we will strive to respond to your enquiry in as timely a manner as possible.
If this is a request for case information, the responsibility placed on us by the Privacy Act to protect all personal information precludes us from responding to you with case specific information using e-mail, unless we are able to verify that you are entitled/authorized to receive the case specific information. Therefore, only general information would be provided in response to your enquiry.
We will not respond to e-mails concerning the following:
* Assessment of points/qualifications.
* Calculation of time for citizenship eligibility.
* Travel documents/requirements for travel to other countries.
* Inquiries about U.S. Immigration.
* General information about visiting, living, working or studying in Canada.
* Information requests regarding a case where there is a lack of specific information provided (full name(s) with correct spelling, address, date(s) of birth, country of birth, applicable file number, office of application, etc.).
* Allegations of fraud. Please refer to http://www.cic.gc.ca/english/information/protection/fraud/report.asp.
* Temporary Resident Visa (TRV) application refusals. Please refer to http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=422&top=16.
* The use of an authorized representative (www.cic.gc.ca/english/information/representative/rep-who.asp
* Opinions about recent announcements/news releases/cases.
* General enquiries about Canada’s Syrian refugees resettlement plan (please consult our Website at #WelcomeRefugees
For more information about IRCC, including online services, please visit: www.cic.gc.ca
E-mail is not a secure channel of communication. IRCC is not liable for the unauthorized disclosure of personal information or the misuse of that information by a third party where we have taken reasonable means to verify the identity of the party.
-----------------------------------------
La présente est un message automatique pour accuser réception de votre courriel adressé au ministre de l’Immigration, des Réfugiés et de la Citoyenneté.
Veuillez noter qu’Immigration, Réfugiés et Citoyenneté Canada (IRCC) connaît une augmentation importante du volume de correspondance reçue et que nous nous efforcerons de répondre à votre demande le plus rapidement possible.
Si votre courriel vise à obtenir de l’information sur un cas, compte tenu de l’obligation que nous avons de protéger tous les renseignements personnels conformément à la Loi sur la protection des renseignements personnels, nous ne pouvons vous répondre par courriel à moins d’être en mesure de confirmer que vous avez le droit ou l’autorisation de recevoir l’information demandée. Par conséquent, seuls des renseignements généraux vous seront fournis.
Nous ne répondrons pas aux courriels concernant les éléments suivants :
* L’attribution des points et l’évaluation des qualifications.
* Le calcul du temps passé au Canada aux fins de l’admissibilité à la citoyenneté.
* Les documents de voyage et les exigences pour se rendre dans un autre pays.
* Renseignements au sujet des services d’immigration des États‑Unis.
* Comment visiter, vivre, travailler ou étudier au Canada.
* Les demandes d’information portant sur un cas pour lequel certains renseignements précis n’ont pas été fournis (nom complet bien orthographié, adresse, date de naissance, pays de naissance, numéro de dossier applicable, bureau où la demande a été présentée, etc.).
* Un cas présumé de fraude. Veuillez consulter : http://www.cic.gc.ca/francais/information/protection/fraude/signaler.asp.
* Le refus d’une demande de visa de résident temporaire. Veuillez consulter : http://www.cic.gc.ca/francais/centre-aide/reponse.asp?qnum=422&top=16.
* Le recours aux services d’un représentant autorisé. Veuillez consulter : http://www.cic.gc.ca/francais/information/representants/representant-qui.asp.
* Un point de vue concernant une nouvelle, un communiqué de presse ou un cas en particulier.
* Les demandes de renseignements généraux à propos du plan de réinstallation des réfugiés syriens du Canada. Veuillez consulter : #Bienvenueauxréfugiés
Pour de plus amples renseignements à propos d’IRCC, y compris les services offerts en ligne, veuillez consulter : www.cic.gc.ca
Le courriel n’est pas un moyen de communication sûr. IRCC n’est pas responsable de la divulgation non autorisée de renseignements personnels à une tierce partie ou de l’utilisation malveillante de cette information par celle‑ci lorsque nous avons pris tous les moyens raisonnables pour vérifier l’identité de cette tierce partie.
---------- Original message ----------
From: Justice Minister
Date: Sat, 18 Mar 2017 11:09:48 +0000
Subject: Automatic reply: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
Thank you for your email to the Minister of Justice. Please be assured that it has been received by the Department. Your email will be reviewed and addressed accordingly. Thank you.
---------- Original message ----------
From: "Joly, Mélanie (PCH)"
Date: Sat, 18 Mar 2017 11:09:51 +0000
Subject: Accusé de réception / Acknowledge Receipt
To: David Amos
Merci d’avoir écrit à l’honorable Mélanie Joly, ministre du Patrimoine canadien.
La ministre est toujours heureuse de prendre connaissance des commentaires de Canadiens sur des questions d’importance pour eux. Votre courriel sera lu avec soin.
Si votre courriel porte sur une demande de rencontre ou une invitation à une activité particulière, nous tenons à vous assurer que votre demande a été notée et qu’elle recevra toute l’attention voulue.
**********************
Thank you for writing to the Honourable Mélanie Joly, Minister of Canadian Heritage.
The Minister is always pleased to hear the comments of Canadians on subjects of importance to them. Your email will be read with care.
If your email relates to a meeting request or an invitation to a specific event, please be assured that your request has been noted and will be given every consideration.
---------- Original message ----------
From: Green Party of Canada | Parti vert du Canada
Date: Sat, 18 Mar 2017 11:10:07 +0000
Subject: Re: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
-- Please reply above this line --
(Français à suivre)
Thank you for contacting the Green Party of Canada. Due to the high
volume of email we receive, we cannot guarantee that all inquiries
will be answered. With our small team, we do our best to respond as
staffing and resources permit.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"
Date: Sat, 18 Mar 2017 11:10:03 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
Thank you for writing to the Premier of New Brunswick. Please be assured that your email will be reviewed.
Nous vous remercions d’avoir communiqué avec le premier ministre du Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
---------- Original message ----------
From: Póstur FOR
Date: Sat, 18 Mar 2017 11:11:18 +0000
Subject: Re: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler?s Cove troubles with Immigaration on CBC
To: David Amos
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"
Date: Sat, 18 Mar 2017 11:09:51 +0000
Subject: RE: ATTN Ministers Lena Metlege Diab and Ahmed Hussen I just heard about David and Kathryn Wright of Vogler’s Cove troubles with Immigaration on CBC
To: David Amos
The Department of Finance acknowledges receipt of your electronic correspondence. Please be assured that we appreciate receiving your comments.
Le ministère des Finances accuse réception de votre correspondance électronique. Soyez assuré(e) que nous apprécions recevoir vos commentaires.
http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&txtToDate=&txtPrecis=immigration&Page=secretariats&txtOICID=&txtAct=&txtBillNo=&txtFromDate=&txtDepartment=&txtChapterNo=&txtChapterYear=&rdoComingIntoForce=&DoSearch=Search+/+List&pedisable=true&pg=4&viewattach=33079&blnDisplayFlg=1
PC Number: 2017-0167
Date: 2017-02-24
His Excellency the Governor General
in Council, on the recommendation of the Minister of Citizenship and
Immigration, pursuant to subsection 5(1) of the Department of Citizenship and Immigration Act and subsection 8(1) of the Immigration and Refugee Protection Act,
approves that the Minister of Citizenship and Immigration enter into an
Atlantic immigration pilot program bilateral agreement, substantially
in accordance with the annexed model agreement, with each of the
following provinces:
(a) Nova Scotia;
(b) New Brunswick;
(c) Prince Edward Island; and
(d) Newfoundland and Labrador.
Sur recommandation du ministre de la Citoyenneté et de l’Immigration et en vertu du paragraphe 5(1) de la Loi sur le ministère de la Citoyenneté et de l’Immigration et du paragraphe 8(1) de la Loi sur l’immigration et la protection des réfugiés,
Son Excellence le Gouverneur général en conseil approuve la conclusion,
par le ministre de la Citoyenneté et de l’Immigration, avec chacune des
provinces ci-après, d’un accord bilatéral concernant le programme
pilote en matière d’immigration au Canada atlantique, conforme en
substance au modèle d’accord ci-joint :
a) la Nouvelle-Écosse;
b) le Nouveau-Brunswick;
c) l’Île-du-Prince-Édouard;
d) Terre-Neuve-et-Labrador.
http://www.canlii.org/en/ca/fct/doc/2015/2015fc3/2015fc3.pdf
Date: 20150105
Docket: IMM-4693-14
Citation:
2015 FC 3
Ottawa, Ontario, January 5, 2015
PRESENT: The
Honourable Madam Justice Kane
BETWEEN:
|
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
|
Applicant
|
and
|
David Morrow Wright
Kathryn Anne Wright
|
Respondents
|
JUDGMENT AND REASONS
[1]
The Minister of Citizenship and Immigration
brings this application for judicial review of a decision of the Immigration
Appeal Division [IAD] of the Immigration and Refugee Board [IAB], dated May 2,
2014, which found that there were sufficient humanitarian and compassionate
[H&C] grounds to grant relief pursuant to paragraph 67(1)(c) of the
Immigration and Refugee Protection Act, SC 2001,
c 27 [Act] to overcome the respondents’ inadmissibility
to Canada for failure to comply with their residency requirements as permanent
residents.
[2]
For the reasons that follow, the application for
judicial review is granted.
Background
[3]
The respondents, Mr and Mrs Wright, are citizens
of the United States of America [USA] who first settled in Vogler’s
Cove, Nova Scotia in 1972 and became permanent residents of Canada. Mr
Wright worked as a lobster
fisherman but that proved challenging. Mrs Wright worked at various
community
newspapers. In 1977, Mr and Mrs Wright left Canada for more stable
employment
offered by Mr Wright’s father in the USA. They did not attempt to find
work in
any other part of Nova Scotia or elsewhere in Canada at that time or
subsequently.
[4]
From 1977 to 2012, the Wrights lived in several
cities in the USA and Mr Wright worked in a variety of occupations. The Wrights
then returned to Vogler’s Cove to resettle 35 years later.
[5]
The Wrights evidence is that in the intervening
35 years they visited Canada occasionally, including Montreal and Quebec
City and some business trips for Mr Wright to Scarborough. They
returned to visit
Vogler’s Cove once in 2005 and made annual visits again in 2006, 2007
and 2008
to look for a house, and ultimately purchased a house in 2010. In
January 2012,
they returned to Vogler’s Cove to live.
[6]
On January 25, 2012, the Canadian Border
Services Agency [CBSA] prepared an inadmissibility report against both
Mr and
Mrs Wright for failure to comply with their residency obligations as
permanent
residents. The Act requires that permanent residents be present in
Canada for a total of at least 730 days in each five year period
(paragraph 28(2)(a)). The
CBSA considered the five year period preceding the date of the Wrights
return
to Canada in January, 2012 and found that Mr Wright had been in Canada
for 201 days and Mrs Wright for 140 days during this five year period.
[7]
The Minister’s delegate considered the
inadmissibility reports and determined that the reports were well-founded and
that no H&C grounds justified exempting the Wrights from their residency
requirements and, as a result, a removal order was issued.
[8]
The Wrights appealed the removal order to the
IAD.
The decision under review
[9]
The IAD considered the appeal, conducted an in
person de novo hearing and issued its decision on May 2, 2014. The
decision was communicated to the parties around May 23, 2014.
[10]
The decision notes that the Wrights (i.e. the
appellants before the IAD and the respondents in this application for judicial
review) did not challenge the validity of the removal orders and the IAD agreed
that the removal orders were valid. The Wrights argued that H&C grounds
existed. The IAD agreed and found that they demonstrated sufficient H&C
grounds on a balance of probabilities to warrant special relief pursuant to
paragraph 67(1)(c) of the Act, thereby overcoming their breach of the residency
obligation.
[11]
The IAD set out the factors which guided its
evaluation on H&C grounds. Although the IAD correctly stated that this
Court has confirmed such factors, the footnote references in the decision are
decisions of the IRB or IAD rather than Federal Court decisions. The IAD
considered each factor identified and made several findings.
[12]
The IAD found that the duration of the Wrights
establishment in Canada, which was seven years since 1972 “is not insignificant without being compelling”.
[13]
The IAD found that the Wrights establishment in Canada “today” (i.e. in 2014) and since their return is “more important than
it was in 1977 and that it is also more important than their establishment in
the USA, today.” The IAD found this to be a positive factor.
[14]
The IAD also found that the Wrights had
imperious (meaning compelling) reasons to leave Canada because Mr Wright’s work
and dream of lobster fishing was not viable and “because
of the importance of their economic difficulties”. The IAD concluded
that they could not afford to linger in Canada where employment was not
available in their area.
[15]
The IAD notes that during the 35 year absence,
Mr Wright had several jobs in various parts of the USA. Mr Wright never sought
employment in Canada. The Wrights purchased their first house in 1983 and sold
and purchased other homes as they moved across the country. The IAD noted that
they did not return to Canada at the first opportunity and found this to be a
negative factor.
[16]
The IAD notes that the Wrights do not have any
children nor do they have family in Canada but that they consider their friends
in Vogler’s Cove, with whom they have maintained contact, as family. The IAD
remarked that ten members of the Vogler’s Cove community attended the hearing
to support the Wrights. The IAD concluded that this continuing connection with
their friends is a positive factor.
[17]
With respect to their integration in the
Canadian community, the IAD focused on their integration into Vogler’s Cove. Mr
Wright was a volunteer firefighter in the 1972-77 period and since his return
in 2012 has been participating in fundraising. Mrs Wright has been active in a
community library. Both have been socially active with other members of the
community. The IAD concluded that this is a positive factor.
[18]
With respect to the hardship the Wrights would
encounter if their appeals were dismissed and the removal order was enforced,
the IAD notes that, based on their testimony, they would be devastated to pack
up and leave because their hearts are in Vogler’s Cove. The IAD also notes that
considering their age and their pension income, it would be difficult for them
to travel between two homes in the USA and in Canada.
[19]
The IAD notes “It is not
that their life is in danger or at risk if they were to live in the USA
but the simple fact of moving would be traumatic at an age where life
can certainly not
be taken for granted”. The IAD concluded that the Wrights would
experience “serious” hardship if they had to leave.
[20]
The IAD then summed up the positive and negative
factors and concluded that the positive factors are “more important” than the
negative factors and that the appellants have established on a balance of
probabilities that there are sufficient H&C grounds to grant special relief
and set aside the removal orders.
[21]
The IAD summarized the following positive
factors:
•
The friends that the Wrights consider as family
in Canada and their continuing connection to Canada;
•
The Wrights’ “important
establishment in Canada, more important than their very limited one in the USA
at the time of the hearing and also more important than when they were landed
or when they left Canada in 1977”;
•
The Wrights had imperious reasons to leave Canada in 1977;
•
The continuous time the Wrights spent in Canada after the issuance of the deportation orders;
•
Their “important integration” in the Vogler’s
Cove community outside of their family and their contribution to that
community; and,
•
The “important hardship” that the Wrights would
experience if their appeals were dismissed “even if their lives would not be at
risk in the USA”.
[22]
The IAD summarized the following negative
factors:
•
“The importance of the
legal impediment though not insurmountable”;
•
The “more important” length of time the Wrights
spent in the USA compared to the length of time spent in Canada since their landing;
•
The Wrights did not come back to Canada at the first available opportunity; and,
•
The Wrights’ extended family is in the USA (which the IAD notes has limited weight because the family is not close).
Issues
[23]
The primary issue is whether the decision of the
IAD is reasonable; this includes whether the IAD failed to consider relevant
evidence, made findings contrary to the evidence, and considered irrelevant
evidence.
[24]
A preliminary issue is whether the Court
should extend the time for the service of the application for leave by the
applicant on the respondents.
Standard of Review
[25]
The parties agree that the standard of review of
the decision of the Minister’s delegate is the standard of reasonableness.
[26]
Where the standard of reasonableness applies,
the role of the Court is to determine whether the decision “falls within ‘a range of possible, acceptable outcomes which
are defensible in respect of the facts and law’ (Dunsmuir, below,
at para 47). There might be more than one reasonable outcome. However, as
long as the process and the outcome fit comfortably with the principles of
justification, transparency and intelligibility, it is not open to a reviewing
court to substitute its own view of a preferable outcome.” (Canada (Minister of
Citizenship and Immigration) v Khosa,
2009 SCC 12 (CanLII), [2009] 1 SCR 339 at para 59, citing Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), [2008] 1 SCR 190).
[27]
As the respondents note, a reasonable decision
is one that can stand up to a somewhat probing examination (Baker
v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR
817, [1999] SCJ No 39 at para 63 [Baker]).
The relevant legislative provisions of the Act, sections 28 and 67, are set out in Annex A.
Preliminary issue - Extension of time for service on the respondents
[28]
The applicant’s motion to extend the time for
service of the application for judicial review and to ratify the late service
is granted. The few days delay in serving the respondents was more than adequately
explained by the applicant; the applicant established its intention to file;
and, the respondents agreed that the explanation is reasonable and conceded
that the extension of time for service should be allowed.
Is the decision of the IAD unreasonable?
The applicant’s position
[29]
The applicant submits that although the
Court has not defined the H&C factors to be considered in the case of a
breach of residency obligations, the IAD has endorsed, albeit with slightly
different wording, a list of non-exhaustive factors.
[30]
The applicant submits that, overall, the
decision does not respect the policy of the Act. Immigration to Canada is a privilege, not a right, and is governed by the Act. Although the goals of
permanent residency include the successful integration into Canadian society,
there are also obligations on permanent residents, which includes their
physical presence in Canada (or one of the alternatives to physical presence
set out in section 28, such as working abroad for a Canadian company). The applicant
submits that the IAD did not interpret paragraph 67(1)(c) and the exceptional
relief based on H&C grounds in light of the objectives of the Act.
[31]
The applicant argues that in order to make a
positive H&C finding, the IAD was required to consider: whether the Wrights
have maintained such strong ties to Canada for 35 years; whether the Wrights’
reason for leaving Canada was so important; whether their contribution to their
community since their return promoted the objectives of the Act; and, whether their
return to the USA would put them in an unbearable situation. The applicant
notes that these issues should have been considered against the backdrop of the
circumstances that the Wrights have no family in Canada and that, although they
have friends, they had not visited their friends for approximately 30 years,
and they had lived in the USA for 63 years out of their current lifetime of 71
years.
[32]
The applicant argues that the IAD failed to
consider relevant evidence and considered irrelevant evidence and, as a result,
reached findings that were not based on the evidence before it.
[33]
The IAD failed to consider the extent of the
breach of the Wrights’ residency obligation. The IAD considered the
Wrights’ absence from Canada only in the five year period preceding their
return in 2012, but failed to properly consider that they were absent for 35
years and failed to comply with their previous residency obligations in each
five year period. Although the IAD found their breach to be “not
insignificant”, the applicant argues that it is far more than this – it is
overwhelming.
[34]
The applicant further submits that the IAD’s
assessment of the Wrights’ length of time in Canada and degree of
establishment and its conclusion that the Wrights’ establishment in their
community was “more important”, failed to properly take into account the length
of time spent in Canada (seven years in two separate periods) as opposed to the
time spent out of Canada (more than 60 years).
[35]
The applicant also argues that there is no
evidence to support the IAD’s finding that the Wrights’ establishment since
2012 is greater than it was or had been in the USA or in Canada in the 1972-77 period.
[36]
The applicant agrees that there is no doubt that
the Wrights are good neighbours and are well liked in their community, but
submits that the evidence of their integration falls short of
establishment. The applicant submits that Mrs Wright’s volunteering a few hours
per week at the library and Mr Wright’s attendance at meetings of the volunteer
firefighters, coupled with social visits with neighbours, are not sufficient to
base a finding of establishment or integration.
[37]
The applicant further notes that Mr Wright
continues to do the same work he did in the USA prior to returning to
Vogler’s
Cove via his consultancy work, and that all his clients are in the USA.
Similarly, Mrs Wright does some editorial work, also for clients in the
USA. The applicant submits that this work could be undertaken from the
USA once again. This also shows that the Wrights remain integrated to
some extent in the USA and could reintegrate there. The IAD simply
failed to consider this in the context of
its analysis of their degree of establishment.
[38]
With respect to the IAD’s finding that the
Wrights’ had no imperious (i.e. compelling) reason to leave Canada,
the
applicant notes that although the IAD found this to be a negative
factor, it
failed to consider that the Wrights had no reason for not returning to
Canada
earlier and did not do so until 2008 when they began to search for a
house.
Even after they found a house in 2010, they remained in the USA until
2012. The IAD accepted that the Wrights could not relocate until their
home in Massachusetts was sold; however, they had already purchased the
house in Vogler’s Cove and
done renovation work before they sold their house in Massachusetts.
[39]
There was no evidence that the Wrights ever
attempted to find work in Canada. The IAD concluded that they had no choice but
to leave for a job offer by family in the USA. The IAD failed to consider that
they made no attempt to find work in Vogler’s Cove, in Nova Scotia, or
elsewhere in Canada. The IAD simply accepted that they had no other options.
The applicant notes that moving across the USA was not an impediment to the
Wrights, yet the only place they sought to work in Canada, which would have
been required in order to maintain their permanent resident status, was the
small community of Vogler’s Cove.
[40]
The applicant submits that the IAD failed to
consider Mr Wright’s own evidence that his ability to earn money was in
the USA. Although Vogler’s Cove was the Wrights’ dream destination, the
USA was the chosen location to earn a living for the past 35 years. The
applicant submits,
therefore, that the Wrights’ attachment is really to the USA and not to
Canada.
[41]
The applicant also argues that the IAD’s finding
that the Wrights have continuing connections to Canada is not
supported by the evidence. According to the IRB and IAD guidelines, two
elements
should be considered in assessing this factor; connection to family
members in Canada and the dislocation of the family in Canada if removed
from Canada.
[42]
The applicant notes that the IAD rephrased the
factors to substitute friends as family. Although they assert close ties with
friends in Vogler’s Cove, the applicant notes that the IAD and the IRB factors
refer to family connections. In addition, the objectives of the Act
include promoting the reunification of families, but do not include the
objective of reunification of friends.
[43]
Moreover, the IAD’s finding regarding the Wrights’
connections with their friends is not supported by the evidence. The evidence
clearly indicates that the Wrights did not return once to Vogler’s Cove in at
least a 24 year period, although they visited other parts of Canada.
[44]
The applicant also argues that it was
unreasonable for the IAD to find that the Wrights had no financial ability to
return to Vogler’s Cove earlier because their own evidence was that they had
travelled to other parts of Canada and that Mrs Wright had travelled abroad.
[45]
In addition, the IAD did not take into account
Mr Wright’s statement, in response to a direct question, that he was returning
to Canada for retirement.
[46]
With respect to the assessment of hardship,
the applicant submits that there must be hardship beyond the normal consequences
of removal. The IAD’s finding that the Wrights would suffer serious hardship if
they were required to leave Canada is not supported by their own evidence. Mr
Wright indicated in response to specific questions relating to the impact of
his return to the USA that “I suppose I could” (Certified Tribunal Record, at p
466) and that the impact would be primarily economic because they would have to
maintain two residences.
[47]
The applicant submits that the IAD also failed
to consider that the Wrights took out a line of credit to purchase the house in
Vogler’s Cove and paid it off once their home in Springfield, Massachusetts was
sold. The IAD did not consider that the Wrights could do the same again upon
their return to the USA. As a result, the IAD’s consideration of the economic
impact on removal was not supported by the evidence. The applicant notes that,
understandably, they cannot afford two homes but submits that this type of
economic impact is a normal consequence of removal of a person who does not have
status in Canada.
[48]
The applicant also notes that the record before
the IAD included financial information which establishes that, although the
Wrights are not wealthy, they have a mortgage free house, a monthly pension
income, a tax free savings account and that Mr Wright continues to do his
consultancy work, with several clients in the USA.
[49]
Mrs Wright indicated that leaving would be
emotionally difficult but that she could keep in contact with her friends as
she had in the past.
[50]
Although the IAD considered the Wrights’ age as
relevant to the hardship factor, their age was not an impediment to relocation
two years ago and there is no evidence that moving back to the USA would be traumatic.
[51]
Separation from friends and the disruption and
economic impact of relocation are the normal consequences of a removal order.
The facts do not support a finding of either “serious” hardship or “important
hardship” as found by the IAD.
[52]
The applicant emphasizes that the Minister is
not asking the Court to reweigh the evidence and rebalance the factors for and
against a finding that there were sufficient H&C grounds, rather that the
Court determine whether the IAD’s findings are supported by the evidence. The
IAD reached an unreasonable conclusion because it failed to consider relevant
evidence, made findings contrary to the evidence and considered irrelevant
evidence.
The respondents’ position
[53]
The respondents submit that their 35 year
absence is not the issue. The issue is whether the IAD reasonably found that
there were sufficient H&C factors to overcome the breach of their residency
obligation. This discretion has been delegated to the IAD as it is the expert
body and is aware of the objectives of the Act. The respondents submit that
regardless of the length of time away or the degree of their non-compliance
with the Act, the IAD was alert to all the relevant factors and provided cogent
reasons for its findings.
[54]
The respondents argue that the applicant is
merely challenging the conclusion of the IAD which the applicant disagrees with
and, given that the Court cannot reweigh the evidence considered by the IAD,
the applicant has failed to establish how the decision is unreasonable. The
respondents note that the IAD conducted a full day hearing, found them to be
highly credible, and carefully analyzed the facts and the circumstances of
their absence from Canada. The respondents argue that the applicant has not
rebutted the presumption that the IAD considered all the evidence.
[55]
The respondents’ position is that the decision
is intelligible, transparent and justified. The Court should, therefore, defer
to the expertise of the IAD.
[56]
The respondents dispute the applicant’s
characterisation of the onus on those seeking special relief and the IAD’s task
in assessing the H&C grounds. They argue that there is no requirement for
the situation upon removal to be unbearable, nor does the hardship have to be
undue or disproportionate, as established in the context of section 25 of the
Act. The respondents note that paragraph 67(1)(c) requires only that there be
“sufficient” H&C grounds.
[57]
The respondents also dispute the allegation that
the IAD considered irrelevant evidence or failed to consider relevant evidence.
The IAD is presumed to have considered all the evidence and need not mention
every piece of evidence in its reasons.
[58]
With respect to the length of time the
Wrights remained outside of Canada, the respondents contest the applicant’s
position that the length of their absence cannot be overcome by H&C
factors. There is no limit on the number of years of absence which cannot be
overcome by H&C grounds; if that were Parliament’s intention, the Act would
provide for such a limit. The IAD considered the length of time they were
outside of Canada, yet still exercised its discretion to overcome their breach
of the residency obligation due to the H&C grounds.
[59]
The respondents also note that, although the IAD
focussed on the five year period preceding their return in 2012, it did not
ignore the length of their time out of Canada and assessed this as a negative
factor.
[60]
The respondents take issue with the applicant’s
characterisation that their reasons for leaving were only
economic and that this was not a sufficient reason. The respondents,
however,
agree that they did not make any attempt to find work in Canada and
their testimony indicated that when faced with a firm offer of
employment in the USA and given that they were nearly destitute in 1977,
it was reasonable for them to leave.
[61]
The respondents submit that, contrary to the
applicant’s argument, the IAD specifically acknowledged that they made no
attempt to return to Canada at the first opportunity as they moved to various
cities in the USA and assumed various jobs. The IAD found this to be a negative
factor.
[62]
With respect to establishment and integration
in the community, the respondents argue that they were as integrated and
established as possible in their community given its small size. Contrary to
the applicant’s argument that the Wrights’ volunteer work and social activities
do not constitute sufficient reintegration or establishment, the IAD recognised
that this was indeed sufficient. They submit that the size and character of the
community informs what it means to be active in the community. In Vogler’s
Cove, there is little more one could do to be more established.
[63]
The respondents note that the list of factors to
be considered by the IAD is not exhaustive; the IAD is entitled to consider any
factor that arises from the particular circumstances of the case. The IAD
reasonably considered the Wrights continuing connections to their
friends in Vogler’s Cove as part of the particular circumstances of their case
and not as a substitute or an extension of the factor regarding connections to
family.
[64]
The respondents also dispute the applicant’s
argument that the IAD failed to consider that their return was for the
purpose
of retirement. Mr Wright’s testimony about retiring to Vogler’s Cove was
taken
out of context. The transcript of Mr Wright’s testimony indicates that
his
reference to retirement was based on a definition put to him by counsel
for the
Minister, meaning retirement from full time employment in the USA. Mr
Wright continues to work and has transferred his business to Canada.
Although he is in
receipt of social security benefits, these are payable at the age of 65
years
of age regardless of retirement from full time employment. The
respondents
submit that this testimony does not support the applicant’s contention
that the
Wrights had no continuing intention to return to Canada during their
“active”
life.
[65]
The respondents argue that the IAD’s failure to
refer to any particular piece of evidence is not fatal. The IAD had the
opportunity to witness the Wright’s testimony and found them to be highly
credible. The IAD identified the factors to be considered, made a finding on
each one and on a balance of probabilities, found there were sufficient H&C
grounds to overcome the breach of the obligations of permanent residents.
[66]
Generally, the respondents argue that the IAD is
an expert tribunal and given that it conducted a thorough hearing and a careful
analysis of the evidence and assessed the relevant factors both for and against
H&C grounds, its exercise of discretion is reasonable and entitled to
deference.
The decision of the IAD is not reasonable
[67]
The IAD was impressed by the Wrights and
understood their dream to live in Vogler’s Cove. There is no dispute that their
testimony was candid and credible. Nor is there any issue about their
adaptability to the community or that they would be good residents. However,
the criteria for immigration are more onerous, as are the criteria for
overcoming a breach of the obligations of permanent resident status.
[68]
The reasonableness standard of review requires
more than a clearly worded decision that identifies the factors considered and
the conclusions reached. The standard of reasonableness requires that the
findings and overall conclusion withstand a somewhat probing examination. Where
evidence is not considered or is misapprehended and where the findings do not
follow from the evidence, the decision will not withstand the probing
examination.
[69]
As the respondents noted, the standard for a
somewhat probing examination was noted by the Supreme Court of Canada in Baker
at para 63:
[63] I will next examine whether the decision in
this case, and the immigration officer’s interpretation of the scope of the
discretion conferred upon him, were unreasonable in the sense contemplated in
the judgment of Iacobucci J. in Southam, supra, at para.
56:
An
unreasonable decision is one that, in the main, is not supported by any reasons
that can stand up to a somewhat probing examination. Accordingly, a court
reviewing a conclusion on the reasonableness standard must look to see whether
any reasons support it. The defect, if there is one, could presumably
be in the evidentiary foundation itself or in the logical process by which
conclusions are sought to be drawn from it. [emphasis added]
[70]
In Ambat v Canada (Citizenship and
Immigration), 2011 FC 292 (CanLII) [Ambat], Justice Near (as he then was) noted at
paras 32 and 33:
[32][…] The IAD is free to weigh each factor, and is
consequently free to give no weight to any given factor depending on the
circumstances. The Respondent cited Justice Yves de Montigny’s decision
in Ikhuiwu, above, at para 32:
[32] The
applicant disagrees with the IAD's conclusions that the circumstances of this
case do not warrant the exercising of the panel member's discretion in
providing humanitarian and compassionate relief in his favour. Unfortunately
for him, the fact that he is not happy with the manner in which the IAD weighed
all of the relevant H&C factors is not sufficient for this Court to
intervene.
[33] Similarly, in the present matter, absent some
indication that evidence had been ignored or facts misapprehended, there is no
basis for this Court to intervene.
[71]
The present case can be distinguished from Ambat
because evidence has been ignored and facts have been misapprehended. As a
result there is a basis for the Court to intervene.
[72]
In Canada (MCI) v Sidhu, 2011
FC 1056 (CanLII), the Court found the decision of the IAD to be unreasonable because
evidence was overlooked, although the Court agreed that some of the IAD’s
findings were reasonable. The Court noted at para 50:
[50] Finally, the Board found that the respondent
and his family would suffer severe hardship if the respondent’s application was
denied. […]
Again, the Court
finds that while such a finding would be open to the Board, the Board has a
duty to consider all of the evidence. […] In preferring the respondent’s
evidence that he would suffer extreme hardship, the Board had a duty to
confront this contrary evidence.
[73]
As in Sidhu, some of the findings of the
IAD with respect to the applicable factors are reasonable, but other key
findings are not. In particular, the IAD’s findings that the Wrights had
continuing connections to Canada, had an important (which I interpret as
meaning significant) establishment in Canada, and would suffer serious harm if
removed, were not supported by the evidence. The IAD had a duty to consider all
of the evidence.
[74]
The applicant suggested that the Court had not
defined the applicable factors governing H&C grounds where permanent
residents have failed to comply with their residency obligations. While it is
true that the Court has not precisely defined the specific factors, the Court
has confirmed that the factors identified by the IRB and IAD are appropriate
and are adaptable to the different contexts where H&C grounds may justify
overcoming a breach of the Act.
[75]
In Sidhu, the Court confirmed, as it has
in other cases, the relevant factors to be considered to determine if H&C
grounds justify a breach of the residency requirement, noting at para 43 that
the factors set out by the IRB in Ribic v Canada (Minister of Employment and Immigration), [1985] IABD 4 (QL), were endorsed by the Supreme Court of Canada in Chieu v Canada
(Minister of Citizenship & Immigration), [2002] 1 SCR 84, 2002 SCC 3 (CanLII) at
paras 40-41 and para 77.
[76]
The Court in Sidhu, further noted at para 43
that the Ribic factors were established in the context of the exercise
of discretion in the face of a deportation order, but have been adapted by the
IRB and IAD for other contexts, noting for example Tai v Canada (Citizenship
and Immigration), 2011 FC 248 (CanLII) at paras 36 and 47 [Tai], and Shaath
v Canada (Citizenship and Immigration), 2009 FC 731 (CanLII) at para 20 [Shaath].
[77]
In Tai, above, Justice Shore noted that the Ribic factors had been extensively relied on for H&C
assessments and he applied these same factors in the context of section 28.
Section 28 is an analogous provision to paragraph 67(1)(c) to determine if
H&C grounds justify a breach of the requirements for permanent residence.
[78]
The Ribic factors are:
a) The degree of establishment in Canada including employment and
skills training;
b) The reasons for leaving Canada;
c) The reasons of continued or lengthy stay abroad;
d) Whether any attempts were made to return to Canada at the first opportunity;
e) The family support available in Canada;
f) The impact that the removal has on a person and his family;
g) The hardship which the appellant would suffer if he was removed from
Canada.
[79]
In the present case, the IAD referred to
similarly worded factors adapted from other IAD and IRB decisions. As the
respondent noted, the list is not exhaustive and some factors may not be applicable
depending on the facts of a particular case.
[80]
As noted, some of the IAD’s findings are
reasonable.
[81]
The IAD reasonably found the Wrights’ overall length
of absence from Canada to be “important” and a negative factor. Again, I
interpret important to mean significant.
[82]
The IAD found that the legal impediment to their
permanent resident status – i.e. their absence from Canada in the five year
period considered – to be a negative factor, but added that this was not
insurmountable. While this may be so, the IAD did not acknowledge that in that
five year period, which requires only 730 days of physical presence, or two out
of five years, the Wrights were present only a small fraction of the required
time. Regardless, it was a negative factor and while the IAD does not appear to
have attached significant weight to the breach, it is not for the Court to
reassess weight.
[83]
I do not share the respondents’ characterisation
of the applicant’s argument as that the length of the Wrights’ absence cannot
be overcome by H&C factors. The applicant’s argument is that that the IAD
focussed on only the five year period preceding their resettlement and,
although the length of absence was found to be a negative factor, the IAD did
not consider that the Act requires a permanent resident to be present for at
least 730 days out of each five year period. Although it may appear to be an
argument about not attaching sufficient weight to the negative factor, it is
really about not acknowledging the requirements of the Act.
[84]
Several other findings of the IAD are not
supported by the evidence and are not reasonable.
[85]
The IAD found that the Wrights’ “important establishment in Canada, more important than their
very limited one in the USA at the time of the hearing and also more important
than when they landed or when they left Canada in 1977” to be a positive
factor.
[86]
The IAD first found that the duration of the
Wrights’ establishment in Canada, which was seven years since 1972, “is not insignificant without being compelling”. That is
an understatement. A period of establishment of seven years out of the
preceding 40 or out of their lifetime cannot reasonably be considered as “not insignificant”.
[87]
This finding was part of the overall positive
finding that the Wrights’ establishment in Canada was “important”. (As noted, I
have interpreted the IAD’s use of the term “important” to mean significant.)
Their two year period since 2012 cannot reasonably be considered significant,
nor can seven years out of 40 or out of 70 years be considered a significant period
of establishment in Canada.
[88]
The IAD assessed the continuous time the Wrights
spent in Canada after the issuance of their removal orders as a positive
factor, noting that they continually resided in Vogler’s Cove after 2012, yet
this is not a factor relevant to establishment in the period assessed by the
CBSA.
[89]
The IAD found their integration in the Vogler’s
Cove community outside their family and their contribution to that community to
be important (i.e. significant).
[90]
As the respondents note, the Wrights may have
done all that is possible to integrate into the small village of
Vogler’s Cove. However, the factors to be considered by the IAD refer to
integration in the Canadian
community which could include the region, the province and the country more
broadly, given that immigration is to Canada and not to a specific locale.
[91]
I agree with the applicant that the evidence
does not support the IAD’s finding that the Wrights’ establishment since
2012 is greater than it was in 2012 or had been in the USA
previously or in Canada in the 1972-77 period. Their establishment
since 2012 is minimal;
social activities with friends, volunteer hours and occasional
fundraising for
the volunteer firefighters. There is also evidence of remaining
establishment
in the USA through the Wrights’ work for American clients, which is the
same
work they did before relocating to Vogler’s Cove. The IAD appears to
have not
considered this evidence.
[92]
The IAD’s finding that the Wrights had imperious
(meaning compelling) reasons to leave Canada in 1977 is also not supported by
the evidence. Lobster fishing was not economically viable. The IAD concluded
that the Wrights had no ability to “linger” in the area and look for a job when
a solid job offer was presented to them in the USA. While it may be
understandable that the job offer in the USA was too good to pass up, any
expectation that their permanent resident status would not be jeopardised by
their departure is not realistic. Nor is the IAD’s finding that they had no
other options; the IAD failed to consider what the options would have been for
a young couple beyond the small village of Vogler’s Cove.
[93]
The respondent sought to characterise the IAD’s
positive finding that the Wrights had a continuing connection to Canada
through their friends that they consider as family in Canada as part of
the special or
particular circumstances the IAD is permitted to consider. However, the
IAD
clearly equated the connections with friends as a substitute for family.
The
Act promotes reunification of families. The Ribic factors refer to
family support and the impact of the removal on the person and their family. In
the present case, the IAD stated at the outset the factors it would consider
including “the continuing connections the appellants have
to Canada, including connections to family members here and whether the
dismissal of the appeal would cause the dislocation of the family in Canada”. However, in applying that factor, the IAD then noted that the Wrights have
no family in Canada so went on to extend the family factor to friends. I agree
with the applicant that this reinterpretation by the IAD does not reflect the
objectives of the Act or the factors the IRB and IAD have relied on, and that
the Court have endorsed in other decisions.
[94]
Even if the IAD considered the Wrights’
connection to Canada via their friends in Vogler’s Cove as a special
circumstance, the finding is not based on all the evidence before the IAD. It
is apparent that the Wrights have supportive friends in Vogler’s Cove now, but
their own evidence was that their contact with these friends in their 35 year
absence was sporadic and minimal, amounting primarily to Christmas cards and
occasional other correspondence. The Wrights did not return to Vogler’s Cove to
visit from 1977 until 2005 although they did travel to other Canadian cities
occasionally. They then returned to Vogler’s Cove once in 2005 and then again
only once a year until they purchased a house and then moved in 2012.
[95]
The IAD also found that the Wrights would suffer
serious or “important” (interpreted as significant) hardship while noting that
their lives would not be at risk in the USA.
[96]
This finding is not supported by the evidence
and is unreasonable.
[97]
The Court has considered many applications for
judicial review arising from H&C determinations in the context of other
provisions of the Act, including sections 25, 28 and 67 and, although the
wording of the provisions varies slightly, the provisions do not refer
specifically to “hardship” but to “humanitarian and
compassionate considerations” or “sufficient
humanitarian and compassionate considerations”. However, the
jurisprudence has consistently confirmed that the hardship to be considered
along with other factors to determine whether sufficient humanitarian and
compassionate considerations exist must be more than the hardship that would
normally result from removal (for example, Ambat, above, at para 27; Shaath,
above, at para 42).
[98]
The respondents’ argument that the
considerations relevant to an H&C decision pursuant to section 67 differ
from those under section 25, and that unusual or disproportionate hardship is
not required, fails to appreciate the overall guidance of the analogous
jurisprudence. There is no reason, in my view, for some hardship to be
sufficient in the context of considering H&C grounds to overcome a breach
of permanent resident status when in other contexts, such as refugee
protection, the criteria established by the IRB and IAD and confirmed by the
Courts calls for unusual, undue or disproportionate hardship; more than
the normal and expected consequences of removal from Canada.
[99]
Although the IAD did find that the consequence
of the Wrights’ removal would be serious hardship, which appears to acknowledge
its understanding that more than the expected or normal hardship of removal is
required for such a finding, the evidence before the IAD was of inconvenience,
disappointment and emotional upheaval, along with the economic impact of
maintaining two residences. Mr Wright indicated that he “supposed” that he
could have two residences although this would not be easy. By their own
evidence, the Wrights acknowledged that they could cope with removal although
they clearly do not want to leave. They acknowledged that it would be difficult
to retain two residences on a pension income but did not say that this would be
impossible, or that they would not spend as much time as possible in Vogler’s
Cove, even if they cannot retain their permanent resident status.
[100] The
IAD failed to consider that the Wrights had both employment income
and pension income and were not destitute nor would they be homeless in
the USA, given that they had purchased and sold several homes in the USA
and most recently divested
themselves of their home in Massachusetts in 2012. In addition, their
age was
no more an impediment to relocation than it was in 2012, yet the IAD
considered
it to be so.
[101] In conclusion, on the basis of a somewhat probing examination, I
find that the IAD did not consider relevant evidence that would have had a
bearing on its findings with respect to several of the factors, in particular
the Wrights’ establishment in Canada, their continuing connections with Canada
in the intervening 35 years and the serious hardship they would suffer if
removed. This would, in turn, have a bearing on the weight to be attached to
those factors and on the overall assessment of whether there are sufficient
– not just some- humanitarian and compassionate grounds to justify the
exceptional relief of overcoming the breach of their obligation to be physically
present in Canada 730 days in each five year period.
[102] The appeal must be reconsidered by a different panel of the IAD, and
in that reconsideration the IAD must assess each relevant factor and then
consider all the factors cumulatively to determine if sufficient H&C
grounds justify the exceptional relief to overcome the breach of the residency
requirement.
Proposed Certified Question
[103]
The respondent proposed the following question
for certification:
Is the nature and character of a community a
relevant consideration when assessing the degree of establishment in Canada?
[104]
The test for certifying a question was set out
by the Federal Court of Appeal in Canada (Minister of Citizenship and
Immigration) v Liyanagamage, [1994] FCJ No 1637, 176 NR 4 at para 4. The
question must be one which transcends the interest of the immediate parties to
the litigation and contemplates issues of broad significance of general
application and must be determinative of the appeal. In other words, and as
noted in subsequent cases, in order to be a certified question the question
must be a serious question of general importance which would be dispositive of
the appeal.
[105] The question proposed by the respondents is not appropriate for
certification. The issue in the present case is whether the IAD reasonably
found that there were sufficient H&C grounds to overcome the respondents’
breach of the residency requirement in accordance with paragraph 67 (1)(c). As
the IAD noted, this entails the consideration of several factors. No single
factor is determinative. Moreover, the IAD did not indicate the specific weight
it attached to any specific factor and the balancing of positive and negative
factors was not a mathematical calculation. Whether or not the nature and
character of the community is a relevant consideration, the overall
determination of sufficient H&C grounds would not necessarily differ.
[106] In addition, the proposed question is specific to the facts of this
application; the respondents’ settled in the small village of Vogler’s Cove and
may have been as active as possible given the nature of that community, but
this question does not transcend the interests of the respondents. It is not an
issue of broad significance of general application.
JUDGMENT
THIS COURT’S JUDGMENT is that the
application for judicial review is granted and the decision of the IAD is
quashed. The appeal of the decision of the Minister’s delegate shall be
reconsidered by a differently constituted panel of the IAD. No costs are
awarded.
No question is certified.
"Catherine M. Kane"
Judge
ANNEX A
The relevant legislative provisions of the Immigration and Refugee Protection Act are:
28. (1) A permanent resident must comply with a residency obligation
with respect to every five-year period.
|
28. (1)
L’obligation de résidence est applicable à chaque période quinquennale.
|
(2) The following
provisions govern the residency obligation under subsection (1):
|
(2) Les
dispositions suivantes régissent l’obligation de résidence :
|
(a) a permanent
resident complies with the residency obligation with respect to a five-year
period if, on each of a total of at least 730 days in that five-year period,
they are
|
a) le résident
permanent se conforme à l’obligation dès lors que, pour au moins 730 jours
pendant une période quinquennale, selon le cas :
|
(i) physically
present in Canada,
|
(i) il est
effectivement présent au Canada,
|
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the
case of a child, their parent,
|
(ii) il accompagne,
hors du Canada, un citoyen canadien qui est son époux ou conjoint de fait ou,
dans le cas d’un enfant, l’un de ses parents,
|
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public
administration or the public service of a province,
|
(iii) il travaille,
hors du Canada, à temps plein pour une entreprise canadienne ou pour
l’administration publique fédérale ou provinciale,
|
(iv) outside Canada
accompanying a permanent resident who is their spouse or common-law partner
or, in the case of a child, their parent and who is employed on a full-time
basis by a Canadian business or in the federal public administration or the
public service of a province, or
|
(iv) il accompagne,
hors du Canada, un résident permanent qui est son époux ou conjoint de fait
ou, dans le cas d’un enfant, l’un de ses parents, et qui travaille à temps
plein pour une entreprise canadienne ou pour l’administration publique
fédérale ou provinciale,
|
(v) referred to in
regulations providing for other means of compliance;
|
(v) il se conforme
au mode d’exécution prévu par règlement;
|
(b) it is
sufficient for a permanent resident to demonstrate at examination
|
b) il suffit au
résident permanent de prouver, lors du contrôle, qu’il se conformera à
l’obligation pour la période quinquennale suivant l’acquisition de son
statut, s’il est résident permanent depuis moins de cinq ans, et, dans le cas
contraire, qu’il s’y est conformé pour la période quinquennale précédant le
contrôle;
|
(i) if they have
been a permanent resident for less than five years, that they will be able to
meet the residency obligation in respect of the five-year period immediately
after they became a permanent resident;
|
|
(ii) if they have
been a permanent resident for five years or more, that they have met the
residency obligation in respect of the five-year period immediately before
the examination; and
|
|
(c) a determination
by an officer that humanitarian and compassionate considerations relating to
a permanent resident, taking into account the best interests of a child
directly affected by the determination, justify the retention of permanent
resident status overcomes any breach of the residency obligation prior to the
determination.
|
c) le constat par
l’agent que des circonstances d’ordre humanitaire relatives au résident
permanent — compte tenu de l’intérêt supérieur de l’enfant directement touché
— justifient le maintien du statut rend inopposable l’inobservation de
l’obligation précédant le contrôle.
|
[…]
|
[…]
|
67. (1) To allow an appeal, the Immigration Appeal Division must be
satisfied that, at the time that the appeal is disposed of,
|
67. (1) Il est fait
droit à l’appel sur preuve qu’au moment où il en est disposé :
|
(a) the decision
appealed is wrong in law or fact or mixed law and fact;
|
a) la décision
attaquée est erronée en droit, en fait ou en droit et en fait;
|
(b) a principle of
natural justice has not been observed; or
|
b) il y a eu
manquement à un principe de justice naturelle;
|
(c) other than in
the case of an appeal by the Minister, taking into account the best interests
of a child directly affected by the decision, sufficient humanitarian
and compassionate considerations warrant special relief in light of
all the circumstances of the case.
|
c) sauf dans le cas
de l’appel du ministre, il y a — compte tenu de l’intérêt supérieur de
l’enfant directement touché — des motifs d’ordre humanitaire justifiant, vu
les autres circonstances de l’affaire, la prise de mesures spéciales.
|
(2) If the
Immigration Appeal Division allows the appeal, it shall set aside the
original decision and substitute a determination that, in its opinion, should
have been made, including the making of a removal order, or refer the matter
to the appropriate decision-maker for reconsideration.
|
(2) La décision attaquée
est cassée; y est substituée celle, accompagnée, le cas échéant, d’une mesure
de renvoi, qui aurait dû être rendue, ou l’affaire est renvoyée devant
l’instance compétente.
|
FEDERAL
COURT
SOLICITORS
OF RECORD
DOCKET:
|
imm-4693-14
|
STYLE OF CAUSE:
|
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION v DAVID MORROW WRIGHT, KATHRYN ANNE WRIGHT
|
PLACE OF
HEARING:
|
Halifax, nova scotia
|
DATE OF
HEARING:
|
DECEMBER 9, 2014
|
JUDGMENT
AND REASONS:
|
KANE J.
|
DATED:
|
JANUARY 5, 2015
|
APPEARANCES:
Ian Demers
|
For
The Applicant
|
M. Lee Cohen, QC
Scott McGirr
|
For
The Respondents
|
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
Montréal, Quebec
|
For
The Applicant
|
Lee Cohen Law Inc
Halifax, Nova Scotia
|
For
The Respondents
|
http://www.canlii.org/en/ca/irb/doc/2016/2016canlii100875/2016canlii100875.html?searchUrlHash=AAAAAQATZGF2aWQgbW9ycm93IHdyaWdodAAAAAAB&resultIndex=2
http://www.canlii.org/en/ca/irb/doc/2016/2016canlii100875/2016canlii100875.pdf
Immigration and
Refugee Board of Canada
Refugee Board of Canada
Immigration Appeal Division
Commission de l’immigration
et du statut de réfugié du Canada
Section d’appel de l’immigration
|
IAD File
No. / N° de dossier de la SAI : MB2‑01248 MB2‑01249
Client ID
No. / No ID client : 6502‑2255 6502‑2465
Reasons and Decision − Motifs et décision
REMOVAL ORDER
Appellant(s)
|
David Morrow WRIGHT
Kathryn Anne WRIGHT
|
Appelant(e)(s)
|
and
|
et
|
|
Respondent
|
The Minister of
Public Safety and
Emergency
Preparedness
|
Intimé(e)
|
Date(s) of Hearing
|
September 21, 2016
|
Date(s)
de l’audience
|
Place of
Hearing
|
Halifax,
Nova Scotia
|
Lieu de
l’audience
|
Date of Decision
|
December
22, 2016
|
Date de
la décision
|
Panel
|
Me
Haig Basmajian
|
Tribunal
|
Counsel
for the
Appellant(s)
|
Me
Lee Cohen
|
Conseil(s)
de l’appelant(e) / des appelant(e)(s)
|
Designated
Representative(s)
|
N/A
|
Représentant(e)(s)
désigné(e)(s)
|
Counsel for the
Minister
|
Lyzann Penwarn
|
Conseil
du ministre
|
REASONS FOR DECISION
[1]
The following are the reasons regarding the
appeals filed by Mr. David Morrow WRIGHT and his wife Kathryn Anne WRIGHT (the appellants) pursuant to section 63(3) of the Immigration and
Refugee Protection Act[1]
pertaining to the departure orders which were issued on January 15, 2012 in the
case of Mr. Wright[2],
and on January 25, 2012 in the case of Mrs. Wright[3]. Both
orders were issued at the point of entry of Woodstock, New Brunswick and were
regarding the fact that both appellants in the five-year preceding periods
would have been in Canada for less than 730 days which is the minimal
requirement. In the case of Mr. Wright, it would have been around 200 days, and in the case
of Mrs. Wright approximately 140 days during the reference period.
[2]
On February 26, 2014, their appeals were allowed
based on the fact that the Immigration Appeal Division (IAD) had found that
there were sufficient humanitarian and compassionate grounds to compensate for
the shortcomings regarding their compliance with the residency obligations. This
decision was appealed and on January 5, 2015, the Federal Court[4] granted
the application for judicial review and quashed the decision of the IAD and
ordered that a de novo hearing be conducted with a different IAD panel.
As such, a hearing took place in Halifax on September 21, 2016. An additional
delay was granted until the end of October in order to file additional
documents pertaining to the appellants’ income tax declarations.
[3]
Similarly to the first hearing they had with the
IAD, the appellants were not contesting the legal validity of the immigration
officer’s decision, rather they were asking special relief in light of all of
the circumstances pursuant to paragraph 67(1)c) of the Act[5]. In simpler
words, they were appealing on humanitarian and compassionate grounds.
[4]
For these types of appeals, there is a
considerable amount of jurisprudence which has evolved over the years notably
since the Bufete Arce[6]
decision which outlined the principal criteria which vary upon each case and of
course which are not exhaustive. The main aspect are:
1) The degree of non-compliance with the residency obligations;
2) The initial and subsequent establishment in Canada;
3) The reasons for departure from Canada as well as the reasons for
which they have remained outside of Canada;
4) The reasonable attempts of the appellants to return to Canada
when they first had the possibility;
5) The hardship which the appellants would encounter if this appeal
were dismissed;
6) The ties which the appellants have in Canada particularly with
family members;
7) The difficulties which the family members would have if this
appeal were denied;
8) The best interest of any child directly impacted by this
decision.
[5]
Given the fact that the appellants are not
contesting the legal validity of this decision, and based on the evidence at
hand, the tribunal finds that the decisions rendered by the immigration officer
are valid in law. Both appellants testified during the hearing. For the
tribunal their testimonies were very credible. They did not attempt to avoid
any questions or embellish any of their answers.
[6]
Regarding the first aspect regarding the degree
of non-compliance, it is quite significant. The minimal threshold regarding
residency obligations is quite low, of 730 days over a five-year period. In
this case, during the reference period the appellants were in Canada between
140 and 200 days. This is a considerable degree of non-compliance. As such, a
significant amount of humanitarian and compassionate considerations will be
necessary.
[7]
Regarding the initial and subsequent
establishment of the appellants, obviously this case is quite unique. The
appellants came to Canada in the early 1970’s and lived here between 1972 and
1977. They became permanent residents in the meantime. Their story is quite
well documented in the original hearing and Federal Court decision.
[8]
Mr. Wright came here with the dream of being a
lobster fisherman, however, like many at the time in that field he had
difficulties making ends meet, and as such, the appellants moved to the US in
1977.
[9]
Obviously when they came here in the early
1970’s they had a certain degree of establishment which should be taken into
consideration and also since 2012 they have a certain amount of establishment.
Actually a rather strong one in Vogler’s Cove where they currently live and
where they lived initially. They have strong ties to this small community of
roughly 200 homes which are not in doubt. However, as mentioned by the
appellants’ counsel, the elephant in the room in this case is the fact that
they were away for 35 years. They essentially severed all ties with Canada from
1997 until 2012, other than a few short visits.
[10]
For the tribunal it is essential to consider
this period as a whole. These were arguably the most productive years of the
appellants which were spent in their country of birth: the United States. As
such, yes for two periods, from 1972 to 1977, and from 2012 until presently
there are strong periods of establishment. However, for the remaining period of
35 years, clearly there is no establishment in Canada or ties during this
period. During those years they lived exclusively in the United States where
they owned property and worked. As such, for the tribunal, both these aspects
should be taken into consideration. On one hand, yes there are two periods of
strong establishment of roughly nine to ten years, however, there is a period
of 35 years, since they became permanent residents, which was spent outside of
Canada. As such the tribunal cannot consider this as a positive aspect for the
appellants in this case.
[11]
Regarding the reasons for departure from Canada
and the reasons for which they stayed in the United States in this case, for
such a long period, as described consistently in this case, the reasons for
departure in 1977 was for economic reasons and after a period where the
appellants felt they had the financial wherewithal to return to Canada 35 years
later, they did so. The tribunal has no doubts that had they found a job to
their liking at the time, they would have certainly remained in Canada.
However, ultimately it is a choice.
[12]
The tribunal, for these types of appeals,
obviously takes into account the profiles of the appellants. In this case, they
are two very intelligent, well-spoken and very likeable individuals who are
well-rounded, have worked in different fields, and it is obvious that they have
great communication and interpersonal skills given how they have been able to
establish strong ties, notably in the community of Vogler’s Cove where, for
both hearings that they had at the IAD, close to 40 people from the community
traveled nearly two hours to be present with them at their appeals and offered
several affidavits and letters of recommendation.
[13]
Obviously the tribunal believes that part of
this is positive for their appeal but it also outlines their profile and
capabilities. For the tribunal, these two individuals made a choice in 1977.
With the talents and profiles which they have, the tribunal believes that had
they spent more time here, they probably would have been able to find work.
Obviously, just like for many people in their twenties, maybe at first it would
not have been the jobs of their choice, they probably would have been
underemployed for a time. Like many from small communities, they might have
been forced to move across the country or in an environment which would not be
their first choice. However, the tribunal, by considering their profile, on a
balance of probabilities, believes that they could have found work in other
fields and other places in a country such as Canada at the time. For example,
it was briefly discussed during the hearing if they had sought opportunities
out west where the resource boom was starting to happen around those years. The
appellants answered no that they wanted to concentrate themselves mostly in the
Maritimes and they sought some opportunities in Ontario. Again, the tribunal
believes that with their profile including mastering one of our official
languages, ultimately they could have found, on a balance of probabilities,
opportunities in Canada and that it was a choice. They could have even taken
advantage of social programs in the interim of finding a job, which to their
credit, they did not desire, however, it was still a legal avenue for them to
stay in Canada.
[14]
Also for the tribunal, during the 35 years they
could have been more aggressive to find opportunities to return to Canada. They
answered that they tried on some occasions but were under the impression that
because they were not Canadians they were not given opportunities. The tribunal
has some doubts regarding this, notably in terms of the number of jobs that
they would have applied for. They did answer that it wasn’t that many and also
they taught that because they were not Canadian it would be harder. However,
the tribunal asked them if they mentioned that they were permanent residents
and they answered that they did not.
[15]
They did say that they can’t believe how fast
the years went by and obviously the tribunal can certainly understand, as all
of us are unfortunately bound by the persistence of time and it is hard to
believe for all of us sometimes how fast the years go by, however, in the case
at hand, the tribunal is of the opinion that during these 35 years they could
have been more proactive and aggressive in their pursuit of returning to
Canada. As such, overall it is a negative aspect for the appellants in this
appeal.
[16]
Obviously this also covers the aspect of
reasonable attempts to return. As mentioned, for the tribunal, during these 35
years of absence, especially as the appellants testified that they were able to
each further their employability and skills during this time, they could have
found ways to move back here in a shorter time span. Especially that they both
worked for periods of their careers, as they do presently, as freelancers as
such can be at a distance from their clients, even since returning here most of
their clients are in the States.
[17]
Obviously this evolved in the early 2000 with
the growth of the internet, however, the tribunal cannot conclude that in the
35 years, on a balance of probabilities, that there were strong attempts to try
to come back at the first opportunity. Unfortunately for the appellants, they
were always waiting for the perfect time to come back, which would be when they
would have enough savings. However this, as they said, took a lot longer than
they expected.
[18]
Regarding the hardship that they would encounter
if this appeal were not granted, there was some fair amount of time which was
spent on this during the appeal, notably regarding the cost of housing and of
healthcare in the US versus in Canada, and the fact that they feel so much
attachment to their community in Vogler’s Cove, none of this is put in doubt in
any way. Obviously there is different social contract in the United States and
in Canada, which on one hand, we do pay higher taxes here in general, and in
exchange, some of our expenses for some services such as healthcare and
education are generally much less.
[19]
As for housing, the tribunal is of the opinion
in this case, there is also the difference between living in a small community versus
living in a larger urban area. The examples which were given for housing were
mostly in Boston, some were given for smaller places like Springfield. However,
for the housing aspect, the appellants for over 35 years, were able to live in
the United States where they were able to purchase and sell homes and they
currently own their home mortgage free in Vogler’s Cove and have some savings
and some family in the US. As such, the tribunal, on a balance of
probabilities, does not think that housing would be an issue. It would probably
not be in the house of their choice – their dream home is in Vogler’s Cove. However,
they would be able, per the tribunal, to find some type of housing. This, for
the tribunal, would not constitute hardship, to not be able to live in the
house and city of your choice within the United States.
[20]
As for healthcare, also some time was spent on
this. There are programs, especially for seniors, like the appellants, for
healthcare in the United States per their testimony. As such, and by considering
that the United States is one of the wealthiest, if not the wealthiest nation
in the world, that the appellants are individuals who are born in that country
and who were able to live productively for several decades, the tribunal
believes that they would have the resourcefulness and knowledge to be able to
overcome any difficulties in returning to their country in which they have
spent the vast majority of their lives.
[21]
As such, the tribunal does not conclude, on a
balance of probabilities, that there would be any significant hardship if they
were to return to the United States. There would be some, but not a level of
great significance.
[22]
Concerning ties to Canada and to family members
who would be presently in Canada, the appellants do not have any family members
in Canada. They do have strong ties, and it was one of the positions of the
appellants to consider their friends as family. For the tribunal ultimately,
there is some positive aspects to this as it shows a strong network in Canada and
that they do have ties here. They have a strong degree of establishment
presently in Canada and a very considerable degree of integration. The
appellants are very involved in their community. Mrs. Wright set up a community
library. Mr. Wright was a voluntary fireman. They have many friends and social
ties. This is all very positive and this should be taken into consideration.
[23]
On the other hand, the reality is they do not
have any family members here. They have some family in the United States, for
which they testified that they are friendly with but they are not necessarily
close. However, the reality is they do not have any family either in Canada.
However, obviously they have some strong ties here in their community and this
obviously should be taken into consideration, just like the fact that they
don’t have family here should be also taken into consideration. There would be
no difficulties which their family members would have if this appeal were not
granted.
[24]
Considering the best interest of any children
directly impacted by this decision, the appellants did not mention that there
would be any children who would be directly impacted by this decision. It is
not a relevant factor in this case.
[25]
The tribunal wishes to add that the appellants
have affected some children in Canada in a positive way by setting up a library
for which many children have attended, especially for story time sessions for
which Mrs. Wright is the instigator. Obviously this is something which is going
to have an impact in the long term in their community, however, unfortunately,
it is not a factor which the tribunal could take into consideration for this
aspect.
[26]
As such, by considering all of the aspects, the
tribunal does not find that there is sufficient humanitarian and compassionate
grounds, on a balance of probabilities, to overcome the shortcomings during the
reference period. As mentioned in the Federal Court decision, a considerable
aspect is the 35 years which were spent outside of Canada. Obviously, as stated
in the decision, it would not have been impossible to overcome this, however
when the tribunal considers all the aspects, it finds that there are not
sufficient aspects to overcome this and the other negative aspects.
[27]
The tribunal also wishes to reiterate that this
was a very difficult decision as these are quality individuals. If the criteria
would have been would you want these people as your neighbours, objectively
almost anyone would probably wish so. However, as mentioned from the outset there
are criteria and limitations to discretionary power. It does not give the
authority to modify or change existing legislation. The tribunal cannot
substitute itself to the legislator’s authority regarding some aspects which were
brought up or implied, whether it is to give special consideration for
individuals who immigrate and establish themselves and integrate themselves in
small rural areas versus large urban centers where most immigration takes place,
or if friends can substitute family, especially in the context of a small rural
community with a declining population, or regarding the fact that there seems
to be an absence in Canadian immigration legislation for individuals who simply
want to retire full time in Canada, or even in this case, if a stay could be
granted by opting out of the provincial medical coverage regime. Some of these
aspects have been covered in other cases. And the tribunal would be
overstepping its boundaries by considering these aspects. The tribunal did
however attempt to take a large and generous interpretation into the unique
considerations of this case, however unfortunately, objectively, it could not
find sufficient aspects to overcome the mentioned shortcomings regarding the
appellants’ residency obligations.
NOTICE OF DECISION
As such, for all these reasons, this appeal is dismissed.
/dl
Judicial Review – Under section 72 of the Immigration
and Refugee Protection Act, you may make an application to the Federal
Court for judicial review of this decision, with leave of that Court. You may
wish to get advice from counsel as soon as possible, since there are time
limits for this application.
[1] Immigration and Refugee Protection
Act (S.C. 2001, c. 27),
as amended.
[2] Appeal Record, p 5.
[3] Appeal Record, p. 8.
[4] Canada (Citizenship and Immigration) v. Wright, (F.C, no. IMM-4693-14),
Kane, January 5, 2015, 2015 FC 3 (CanLII).
[5] Supra, note
1.
[6] Dorothy Chicay
Bufete Arce v. Minister of Citizenship and Immigration, (VA2-02515), Kim Workun, June 16th,
2003, and approved in Nekoie v. M.C.I, 2012 FC, p. 363.
http://www.irb-cisr.gc.ca/Eng/BoaCom/Pages/MemCom.aspx
2003, and approved in Nekoie v. M.C.I, 2012 FC, p. 363.
http://www.irb-cisr.gc.ca/Eng/BoaCom/Pages/MemCom.aspx
Immigration Appeal Division
Haig Basmajian
Member at Immigration & Refugee Board
Immigration & Refugee Board
University of Ottawa
Montreal, Canada Area
Member (Administrative Judge) - CommissaireCompany Name Immigration & Refugee Board
Dates Employed – Present
Employment Duration 7 yrs 5 mos
Location Montreal, Canada Area
- Presiding over hearings and rendering decisions
Senior Contracts Manager
Company Name Bombardier Aerospace
Dates Employed –
Employment Duration 4 yrs 3 mos
Location Montreal, Canada Area
-
Senior Advisor - Artist Management
Company Name Cirque du Soleil
Dates Employed –
Employment Duration 2 yrs 5 mos
-
Lawyer
Company Name SAAQ
Dates Employed –
Employment Duration 1 yr
Location Montreal, Canada Area
-
Government Affairs coordinator
Company Name CAE
Dates Employed –
Employment Duration 1 yr
Education
-
University of Ottawa
Degree Name LLL-LLB
Field Of Study law
Dates attended or expected graduation –
-
Concordia University
Degree Name Bachelor of Commerce (B.Com.)
Field Of Study Marketing
Dates attended or expected graduation –
-
Vanier College
Degree Name DEC
Field Of Study Business Administration and Management, General
Dates attended or expected graduation –
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