Palestinians in Canada denounce a double-standard in the temporary visa system
Since January 9, 2024, new measures have been in force for the reception of Palestinians from the Gaza Strip in Canada. A thousand of them can be admitted, which has triggered a real race against time, according to Palestinians in the country. They feel that they are being treated differently, while the situation of their loved ones in the Gaza Strip is deteriorating after more than 100 days of war in the Palestinian enclave. Time is running out for them: the family in Gaza must flee the bombings, death, famine, disease and thirst.
Dalya Shaat is boiling water to make coffee. “Everything is from Gaza here,” says the master's student in mental health and social justice, pointing to the decorations that decorate her Montreal apartment. “Like this coffee maker that is in the center of the table,” she says. All these memories she brought back from her last visit to Gaza, in 2022, when she volunteered in a hospital with hearing-impaired children.
It shows a coffee bag with the logo of a small company, Babaroti. “It was the family coffee. It is now destroyed, in ruins, says Dalya, shaking her head. Even taking a bite of chocolate makes me guilty today.” That's because she's been trying to bring in family members since the temporary resident visa (TRV) program opened.
This visa allows Palestinian nationals to stay in Canada for three years if their family supports them financially. A Way of the Cross, she believes, and a hard blow to take.
“I lost about 30 people in my family. Yesterday, I lost another seven young men in the family; they were all killed,” says Dalya.
“Why are we being treated differently? ”
At the time of writing, there were more than 24,447 dead and over 61,000 injured on the Gaza side. “Gazans risk starving just a few kilometers away from trucks full of food,” estimated the director of the World Food Programme, Cindy McCain, on 15 January. The gravity of the situation in the Palestinian enclave even prompted South Africa to file a genocide complaint at the International Court of Justice against Israel.
MMe Shaat is angry at being treated with so little consideration by Canada: “I don't want to do it, but if you compare the program offered to Gazans with what was offered to Ukrainians, it's completely, completely different, it's not the same treatment, it's not the same treatment and it's unfair. The Canadian government has put a limit on who deserves to live and be safe.”
When Russia invaded Ukraine, Canada quickly established a reception program, the Canada-Ukraine Emergency Travel Authorization, which came into effect in March 2022. Canada has also issued 935,000 temporary emergency visas since that date to Ukrainians who wish to work or study in the country. Ottawa had announced that it would “also issue open work permits to Ukrainian visitors, workers, and students who are currently in Canada and cannot return home safely,” recognizing the emergency situation in this war-torn country.
Dalya doesn't understand that the process for Palestinians in Gaza is so restrictive for family members who are accepted.
Once the visa application is completed, the person bringing it to Canada — they must be a citizen or permanent resident — is also required to pay the amount required to process each application. “There is a clear double standard here, since the fees have not been canceled (...) as was the case with the emergency program for Ukrainian nationals”, recalls Imtenan Abdul-Razik, a lawyer in immigration based in Waterloo, Ontario.
“People have to pay $100 per application or $500 for a family of more than five people.” “(Canadian Immigration Services) made an exception by processing the applications of over 1 million Ukrainians at no cost, when they cannot exempt 1,000 Palestinians from the fees associated with their applications! ” — proof among others of a two-tier treatment, according to the lawyer.
An obstacle course
The document to be completed to obtain a temporary visa is complex, according to several people consulted.
“My mother is asking for her sister, who was able to go out in Egypt. She told me: “Your aunt, she has just left Gaza, she has just run away from death... What address should I put?” These are all small questions, but we don't have anyone to answer us,” reports Dalya. “I have a friend who called me, she was crying, she said to me: “Just for a request for one person, I sat for three hours and it's not even clear!” ”, says the young woman who, by the time she met La Converse, had begun to fill out two applications with the help of her mother.
Once the document is completed, it must be signed by a lawyer. Oversolicited by the current times, Debbie Rachlis, a Toronto-based immigration lawyer and member of the group of lawyers behind the Gaza Family Reunification Project, takes a few minutes to answer our questions.
“I was in tears on the phone today, begging my interlocutor to give me answers. There are so many steps in this process, and I don't understand why,” says M.E Rachlis, who is surprised at the complexity of the process and the steps to follow.
“I received several messages from colleagues in a panic saying: “My client is putting her baby in the car in the middle of a snowstorm to find someone who will sign her request!” ” exclaims Debbie Rachlis.
The latter adds that she has nightmares just thinking about this limit of 1,000 requests.
Competition within the Palestinian community
More than a number, 1,000 means competition between diaspora Palestinians living in Canada.
“In the Gazan community, we feel that we are in a race. There are just 1,000 requests, so who's going to have better luck than anyone else? Each of us can make a request, but who among us will be able to save our loved ones? ” That's the question that goes on and on in Dalya's head.
In the background, in his living room, the news continues to scroll on the Al Jazeera television channel.
“My family has been displaced; some live in a hospital, they don't have a pillow to sleep on, the children have lost weight, and I feel guilty about being alive. Why am I here and not there? Why am I in this family and able to be safe, and why can't I do anything for my family there? ”
For his part, McGill University professor and expert on the Palestinian situation, Rex Brynen, recognizes the complexity of the current situation.
“It can also be politically sensitive, given fears that Israel may attempt to drive Palestinians out of Gaza,” he said.
Questions that go too far?
Several criticisms were raised against the type of information required in temporary visa applications for Gazans.
Visa applicants must provide their employment history since the age of 16, in addition to the name of their supervisor and the reason for leaving.
“People don't have access to all these documents, which are probably destroyed (or under the rubble)! Outraged ME Rachlis. I imagine that I am being asked to provide all the information relating to the jobs I have held since I was 16: I would not be able to! ”
She recalls that omitting information can have serious consequences. Mistakes in an immigration case can quickly lead to accusations of misrepresentation. One of the consequences may be a ban on entering Canada for the next five years. “Even if you made a mistake in good faith! ” she exclaims.
Another surprising request is that Gazan candidates for a temporary visa must indicate if they have scars on their body and explain where they come from.
“In my 10-year career as a lawyer on the humanitarian law and economic immigration side, I have never seen a form that asks people to disclose so much. I have never seen a form in which you ask questions about the scars you have on your body or a form that asks for all the usernames that you have on all your social media accounts,” adds Imtenan Abdul Razik.
“It's insulting! And how does (Immigration Canada) expect people to be able to gather all this information when they are living in tents and the electricity and telecommunications are constantly being cut off? ”
The Canadian Minister of Immigration, Refugees and Citizenship, Marc Miller, believes that the identification procedures required are similar to those for applications made during other crisis situations where it was impossible to collect biometric markers — such as fingerprints. However, the two lawyers interviewed by La Converse are adamant: they have never seen such an “intrusive” process. Other voices have also been raised to denounce these demands in the last few days.
A limit ” Unjust ”
If Dalya cannot explain this limit of 1,000 Gazans benefiting from a temporary visa, the lawyer from Waterloo, M.E Abdul Razik, on the other hand, believes that there may be a reason.
“Behind the scenes, Ottawa knows and has always known how devastating the situation is in Gaza. Gaza is on a list of countries and territories to which Canada has not deported for more than 10 years, because even in normal times, these countries and territories are considered to be in a state of humanitarian crisis,” explains Mr.E Abdul Razik. In 2022, the Immigration and Refugee Board accepted 229 asylum applications from Palestinians and rejected 24.
“It's easier for Palestinians to get refugee status in Canada. It is therefore indisputable that they are being persecuted. Let their normal lives, whether in Gaza or the West Bank, amount to persecution. The government knows that if a large number of people came here, they could file for asylum if they wanted to.” According to Imtenan Abdul Razik, the high percentage of Palestinian acceptance would highlight the discrepancy between what Ottawa says about the current crisis and what is happening on the ground, “namely that it is a disaster in every way.”
Feeling powerless
Only immediate family members and their immediate families can get the temporary visa offered by Ottawa. This definition of extended family therefore excludes cousins, and even children over the age of 21 in some cases.
“We have to make 4 requests on my mother's side, and on my father's side, there are 30 to 40 people,” sighs Dalya helplessly.
“I have a cousin who said to me today: “Dalya, at least get us out of Gaza into Egypt.” I asked him, “How can I help you?” He said, “I need $65,000.”
According to Dalya, smugglers require $7,000 to 8,000 US dollars per person to leave Gaza into Egypt if the people are not on an official list. If they are accepted by Canada by obtaining a visa, they do not normally have to pay such an amount.
“But where am I going to get this money from? He told me: “I heard in Gaza that there are people who say that there are GoFundMe pages...” Dalya feels unable to launch such a crowdfunding initiative. She feels a lot of shame. She is torn between her desire to help those she loves and the feeling that it is up to the government to pay the money needed to save Gazans.
Double standard?
According to the Immigration Canada website, Gazans may “be eligible for limited and temporary health care coverage in Canada through the Interim Federal Health Program” for 90 days. They could also get a work and study permit.
At the time of writing, The Converse was unable to confirm with Quebec what would happen to the provision of health care for Palestinians who will settle in the province after 90 days.
In March 2022, Ukrainians all received open worker permits that allowed them to access health care, under the Canada-Ukraine Emergency Travel Authorization (AVUCU). The provinces and territories have also put in place a system to give them access to the health system.
Lawyer Debbie Rachlis sees this as discrimination compared to other situations. “Nobody is mad at Ukrainians, quite the opposite, but we would have wanted the same thing under the current circumstances for Gazans (...) What I want to see is this welcome extended to all those who are in similar circumstances,” she said from her office.
“I find it essential to make sure that people fleeing war feel welcome, that they are not treated as a burden, and that they are not a burden. I would also like us Canadians to understand and welcome the people who are forced to come here under such difficult circumstances.”
An injunction that echoes Dalya's conversations with former colleagues at Al-Shifa Hospital.
“Every day when I talk to my family, I feel ashamed because I know they want to leave, but I am not able to get them out of Gaza. And now, I have a colleague psychiatrist who asked me for help and told me that, if a program was set up in Canada to get Gazans out, to warn him. I said, “I'm sorry; I can't even get my family out of Gaza,” says Dalya.
“He said to me, “But are you sure? We know Canada as a humanitarian and peaceful country.” I said, “I'm sorry. I don't think we're talking about the same Canada this time.”