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 Editorials | Issues | September 2007 
Rumour of Open-Door Policy Drawing Claimants, Lawyers Say
 Jessica Rafuse - TheGlobeAndMail.com
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 |  | What they should be doing is broadcasting the reality of immigration to Mexicans that we don't have an open-door policy and there is specific criteria that needs to be met.
- Michael Niren, immigration lawyer |  | |
As Windsor experiences an influx of Mexicans entering the country from the Detroit border, immigration lawyers in Toronto say that they have been noticing increased numbers of Mexican refugee claimants and inquiries for the past year.
“I've noticed a lot more Mexican traffic coming through my office,” said Michael Niren, who has been working as an immigration lawyer in Toronto for 10 years.
“I heard that there was a rumour, that some unscrupulous immigration consultants were telling Mexicans that Canada has an open-door policy to immigrants and refugees,” Mr. Niren said. “Desperate people want to hear the most positive message possible to alleviate their circumstances.”
Mexico has been one of the top 10 sources for Canadian refugee claimants for the past 12 years, and Mexicans have accounted for the most referrals to the Immigration and Refugee Board of Canada for the past three years, according to IRB statistics.
Immigration lawyer Lani Gozlan, who discusses immigration and refugee laws with callers on her weekly show on the Toronto-based Voces Latinas radio station, says the increased number of Mexican refugee claimants in the past six to eight months “is directly connected to the level of corruption in the country and the lack of safe protection.
“They don't seem to be economic refugees,” Ms. Gozlan said, adding that many of her clients are lawyers and business people. “I personally have seen more politically based persecution that has resulted in more people fleeing the country.”
Ms. Gozlan described those experiencing political persecution as individuals who are involved in politics and whose duty is to expose corruption in government.
She also noted that her clients report increased domestic violence, which she attributed to a lack of protection for women.
Ms. Gozlan also said that even if claimants can document their allegations of corruption, many claims aren't heard.
“While they have many mechanisms set up, and federal agencies and secretariats designed to combat corruption, in reality, they just aren't being implemented,” she said.
Because applying for permanent residency in another country can take considerable time, Ms. Gozlan said, “those fleeing persecution simply … flee to the first country that is safe, and then make their refugee claims.”
Ms. Gozlan acknowledged that some will abuse the system, but said this is not the case with her clients.
“These people who come as refugees really don't have other options.”
Last year, 4,953 refugee claims from Mexicans were referred to the IRB. In total 3,297 were finalized, and 933 (28 per cent) were accepted. In the first half of this year, 3,090 claims were referred, and so far 1,126 have been finalized. Of this number, 13 per cent have been accepted, for a total of 143 people.
“When is this going to end?” Toronto immigration lawyer Sergio Karas asked. “The numbers are multiplying. They have not decreased; they're increasing.”
Mr. Karas, who has been practising for more than 17 years, thinks it might be time to require Mexicans entering Canada to have visas.
“The problem with Mexican refugee claimants is that they can enter Canada without a visa,” Mr. Karas said.
The federal government says the situation is not likely to change.
“At this time, the government doesn't have any intention of requiring a visa for entrance,” Citizenship and Immigration Canada spokeswoman Karen Shadd-Evelyn said.
Mr. Niren wants the government to do more.
“What they should be doing is broadcasting the reality of immigration to Mexicans that we don't have an open-door policy and there is specific criteria that needs to be met,” Mr. Niren said, adding that requiring visas would contradict the free movement of people outlined in NAFTA and stifle trade between Mexico and Canada. |
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