I'll run through partnership policies, domestic violence policies, and will comment on our culturally arranged marriage provisions and the work going on to combat forced marriage. I will talk a little about our prostitution legislation as well.
As an overarching statement, our partnership policies, along with all of our other immigration policies, are not prescribed in legislation. We have framework legislation and we then have certified immigration instructions, which the Minister of Immigration authorizes. This means that our immigration system is quite flexible and it means therefore that we can change policies reasonably quickly. We're reviewing our partnership policies at the moment and this might result in changes, possibly next year.
So, partnership.... For residents, the partnership residence policy allows partners of New Zealand citizens and residents to apply for a residence class visa to live with their partner in New Zealand. Its objectives are to strengthen New Zealand's families and communities, contribute to our social cohesion and development, and attract and retain skills of New Zealand citizens and residents with non-resident partners. To be granted a residence-class visa, applicants must satisfy an immigration officer that their partnership is genuine and stable, that it is exclusive, and likely to endure. The immigration officer must also be satisfied that they have been living together with their New Zealand partner for 12 months or more. That's the case whether they are married, in a de facto relationship, or have a civil union. If they have not lived together for 12 months we have deferral provisions to enable the qualifying period to be met.
Unlike Canada the New Zealand partnership policies do not have a sponsorship element. This is something we're looking at in our review, though. Another difference between New Zealand and other countries is that New Zealand does not have a probationary period for residence visas for partners of New Zealanders apart from the temporary visas that may be granted to enable them to make the 12-month living together requirement.
The number of residence-class visas granted on the basis of partnership in the 2012-13 year was 10,039. This was about 30% of all residence visas granted that year. Each year around 60% of partnership applicants are women. We give priority in processing, so decision-making for residence applications made under the partner of an expatriate category, in this case a supporting partner must be a New Zealand citizen or resident who has been absent from New Zealand for at least two years. These applications are allocated to a case officer within 10 working days. They will usually be decided within two to three months. The reason for this is that we have a very big expatriate population. Many New Zealanders live overseas so it's an attraction-retention mechanism for our skilled New Zealand citizens.
For a New Zealander to be eligible to support a residence-class visa application under partnership policy they must not have been a partner in more than one previous application, so there's a maximum of two foreigners who can be brought to New Zealand under this policy; not to have been a partner in a successful application in the previous five years; not to have been the perpetrator of domestic violence resulting in a domestic violence visa for a previous partner; and they must meet certain character requirements, including not having a conviction for sexual or domestic violence offences.
Under our temporary policies we have a number of temporary work visas available for partners: partnership for partners of New Zealand citizens or residents, which was around 13,500 approvals last financial year; partner of a worker, approximately 12,000 approvals that year; partner of a student, approximately 1,500. For the purpose of inclusion in a temporary application or residence application, it's a person who is legally married, a person who is in a civil union relationship, a person who is in a de facto relationship, which means living together. They must all be in a genuine and stable partnership. There are no duration requirements for the temporary entry visas, however.
Partnership fraud is presenting a serious and increasing challenge for New Zealand. Immigration officers report that partnership-based applications are extremely difficult to decline, even if there are suspicions that they may not be genuine. There are high levels of approval, over 95% in the last financial year. Challenges from lawyers and immigrations agents were noted by immigration officers as the major reasons not to try to decline suspicious cases, or not to decline them, in any case.
Immigration officers say they can find it difficult to assess whether a relationship is genuine or not, despite the fact that under our immigration instructions the onus of proof is on the couple, rather than on Immigration New Zealand, with regard to proof of the relationship being genuine and stable.
The fraud branch reports that approximately a quarter of the referrals to it are partnership fraud. While the majority of this fraud is ad hoc and individual family-based, there are indications that organized partnership fraud is a growing problem. While the majority of partnership fraud cases involve both partners being complicit in the fraud, Immigration New Zealand is also finding an increasing number of cases in which the supporting partner—the New Zealand partner—is being, or has been duped.
The level of partnership fraud is impossible to quantify. This is not peculiar to partnership fraud of course. On the one hand, referrals are often malicious, but on the other, even if it occurs, neither party will report it, as potentially both could lose their immigration status if both of them are foreign. It is also hard to get convictions. Prosecution is unlikely to be successful, as it is very difficult to get witnesses to testify.
In regard to victims of domestic violence, only partners of New Zealand citizens and residents are eligible for the domestic violence policy provisions. We don't have any policies for partners of temporary visa holders when the relationship breaks down through domestic violence and they're both in New Zealand on temporary visas.
We have two types of visas available under the policy: a work visa and a residence visa. For the work visa, the applicant must be in New Zealand, be or have been in a partnership with a New Zealand citizen or resident, and have intended to seek residence in New Zealand on the basis of their partnership. The partnership must have ended due to domestic violence by the New Zealand partner or a family member, and the applicant must show a need to work to support themselves.
An open work visa can be granted for six months. This can be extended to nine months if the applicant applies for residence, which does imply.... You can see that the residence application decision will be quite quick once it's made. Applications are determined by immigration officers who have received specialized training, and they are prioritized for processing.
For the residence category visas, the applicant must have intended to seek residence on the basis of a partnership with a New Zealander, and the partnership must have ended through domestic violence. Further, the applicant must be in New Zealand and then must be unable to return to their home country. This can be because of social stigma that they would endure if they had to return. The applicant must meet standard health and character criteria, although waivers can be considered, particularly for health conditions.
In 2012-13, 62 people applied for residence under this category, and of those 41—which is 66%—were approved. Each year, over 95% of applicants are women, but not—obviously—exclusively women.
For evidence of domestic violence, applicants can provide a conviction of the partner, a protection order against the partner, a complaint of domestic violence investigated by the police where police are satisfied that domestic violence has occurred, or a statutory declaration from the applicant and two independent, qualified people—these can be a social worker, a doctor, a nurse, a women's refuge staff member—stating that domestic violence has occurred.
In terms of culturally arranged marriages, people intending to marry New Zealand citizens or residents of New Zealand may be granted a visitor visa for up to three months. For this they must satisfy an immigration officer that the marriage follows a cultural tradition where the arrangements for the marriage—including the selection of the persons to be married—are made by people who are not parties to the marriage.
The immigration officer must be satisfied that they intend to marry within three months and that the intent is that the marriage will be maintained on a long-term and exclusive basis. Otherwise, normally we will not permit people to come to New Zealand to get married, if they have not met their New Zealand partner.
Holders of this visa may be eligible for an initial 12-month work visa as the partner of a New Zealand citizen or resident after the marriage has taken place. This will enable people to satisfy their living together requirements so that they can then apply for permanent residence. In 2012-13, 116 applications were received under this category. Of these, 57 or only one-third were approved.
There have been concerns that this policy may be used to enable forced marriages. There are protections in place to ensure the consensual nature of marriage. Other than two exemptions, which are for Quakers and one small Christian church, all marriages must be conducted by an approved and listed celebrant. A celebrant or registrar must not knowingly marry someone under age 16 or under 18 without parental consent. Registrars or celebrants must refuse to issue a licence or solemnize the marriage if they believe the marriage is not consensual.
Concerns have been raised about so-called cultural marriages that take place without a licence or approved celebrant. This suggests that those who conduct forced marriages do so outside the law, which may happen in New Zealand or elsewhere. The New Zealand government monitors the number of marriages involving people under the age of 18. In 2013 there were 57 marriages involving a person under 18.
Concerning forced marriage, concluding observations made by the United Nations Committee on the Elimination of Discrimination against Women in 2012—the last time we were examined—expressed concerns about reports of forced and underage marriage in New Zealand. While the issue of alleged forced marriages has been periodically raised, there hasn't been any actual evidence of its taking place. The government remains aware that it's a potential issue.
A letter of agreement on forced marriage signed last year outlines the governmental multi-agency response to any reports of forced marriage. Immigration New Zealand is a signatory to the agreement and is committed to work with individuals who approach it for immigration assistance, to treat inquiries confidentially, and to work closely with the external partner agencies to determine any immigration-related issues and to treat any applications as a priority.
Government agencies are working to increase the understanding of forced marriage and to raise public awareness, including, obviously, of its illegality. New Zealand police deliver training for staff on forced marriage and the types of violence commonly associated with forced marriage. Specialist police staff are available to investigate cases of forced marriage, and they're engaging with local communities to build trust and confidence.
As part of the migrant and refugee resettlement strategy, the Mangere Refugee Resettlement Centre in Auckland provides education on forced marriage to all people resettled in New Zealand under the refugee quota. So all of our quota refugees get specific information about forced marriage and its legal status in New Zealand and our extreme desire to prevent it from occurring.
I'll conclude with just a little comment on our Prostitution Reform Act. It was passed in 2003 and it decriminalized prostitution; however, it includes protections for people who are not New Zealanders. Specifically, no one can provide commercial sexual services or in fact invest in commercial sexual services or manage commercial sexual services, unless they're either a citizen or a permanent migrant without conditions on their visa. The aim was to put the legislation through with a harm minimization focus. It was considered at the time that people who were in New Zealand on temporary visas and who possibly did not speak English very well were at high risk of victimization.
I'm finished now.
:
Thank you for inviting me. It's an honour to appear before this committee, studying this extremely important topic.
I see far too frequently in my practice women who have suffered abuse. Unfortunately, our experience has been that in many cases the immigration system compels them to remain in abusive relationships. It doesn't assist them to escape abuse and doesn't provide them protection in Canada.
In the limited time I have, I'd like to give you three examples.
Recently we were dealing with a woman who came to see us who had been victimized by an abusive relationship. She was being sponsored by her husband in Canada. She left the relationship and went into a shelter because she and her children had been physically abused by her spouse, who was charged. The spouse notified immigration that the sponsorship he had submitted on her behalf was being withdrawn. She presented herself at immigration, where she was met by two CBSA officers, who detained her because they said she was in Canada illegally.
There was no consideration of the fact that she was a victim of domestic abuse. She was put into detention and was scheduled for deportation. It was only because we were able to get a stay because the two Canadian children's interests hadn't been considered that we were able to prevent the deportation. We submitted a humanitarian application, which was ultimately successful. She ended up spending several months in detention before she was released, but ultimately she was approved.
But the system didn't work for her. It didn't work for her because there was no reason that she should have been detained. There was no reason that she should have been threatened with deportation before any determination was made with respect to whether or not she was a victim of abuse. The system broke down.
What we need are clear guidelines presented to immigration officers whereby, in the case of a sponsorship breakdown and when there are allegations of abuse, before any enforcement action is taken and before there is any consideration of detention or any consideration of deportation, the humanitarian and compassionate factors should be considered.
I'll give you a second example.
A woman came into my office. She was victimized by spousal abuse. She had been sponsored and had come to Canada on a conditional visa. She didn't know what to do. If she were to leave her husband, she was afraid she would be deported; if she were to remain in the relationship, she was going to be victimized by abuse.
I understand the reasoning behind the two-year requirement, but I would urge you to reconsider it. When you balance all the different, competing factors, the presence of this two-year conditional visa often forces women to remain in abusive relationships, in circumstances that put their lives at risk.
The third example I want to give you has to do with victims of human trafficking.
I've seen in my office over the years several women who were victims of human trafficking and who were forced into the sex trade, mostly by the triads—at least, those were the women I saw. When they managed to escape, obviously they were at risk, if they were deported, because they would owe this huge debt to the triad.
Their claims for refugee status, however, were rejected. They didn't fit within the neat, conventional refugee definition because they were victims of crime and they weren't victims who fell within political opinion, or whatever.
We see these situations in which people are being deported even though they are victims of human trafficking. There doesn't seem to be any provision in the humanitarian and compassionate stream for consideration of the exceptional circumstances that might apply to victims of human trafficking, in circumstances in which their refugee claims are not accepted or they don't make refugee claims.
I would suggest to you that these are things that can be dealt with through policies by making changes to the immigration manual instructions and guidelines on processing humanitarian and compassionate applications that would require careful consideration be given to victims of human trafficking, on humanitarian and compassionate grounds.
What we need to do is to ensure two things. We need to ensure that there are proper guidelines for consideration of the exceptional circumstances that are faced by women who are either victims of human trafficking and/or victims of domestic abuse. As well, we need to ensure that before any enforcement action is taken to deport or remove these women and/or their children, the enforcement action be delayed until the special circumstances of the abuse are considered, because in the current system, that isn't happening.
Those are my opening comments.
:
Honourable members of the House of Commons, good afternoon.
I would like to thank you for giving me the opportunity to appear before the Standing Committee on Citizenship and Immigration.
My name is Humaira Madawa. I am a director at Maison Afghane-Canadienne. We are a non-profit organization based in Montreal, Quebec. Our mission consists of supporting the successful integration of new Afghan Canadians into our society; promoting Canadian values; enhancing and sustaining the self-sufficiency of emotionally, economically, physically, or educationally disadvantaged members of our community; protecting and assisting youth, women, and elderly Afghans at risk; and acting as an effective communication bridge between communities.
To address the question on how to strengthen the integrity of the immigration spousal sponsorship program in order to ensure the success of sponsored victims or spouses in Canada and prevent vulnerable women from being victimized by an abusive sponsor, I would first like to discuss some current challenges in the Afghan community in relation to the question. Second, I will discuss the challenges abused sponsored women face. Finally, I will provide a few recommendations on behalf of our community on how to improve the conditions of vulnerable people.
The Afghan culture is traditionally very patriarchal, resulting in the dominance and control of women. Afghan men who abuse women typically do so in order to maintain power within the family. Even in this day and age, women typically have a traditional role within the household, while men are breadwinners. The Afghan culture also emphasizes collectivism over western notions of individualism. Traditional Afghan families reside in joint family households, and extended family members are expected to cooperate to serve the interests of the family.
A new bride who comes into Canada has to live with the husband's joint family members and fulfill most of the expectations of her in-laws. She has to adhere to the conventions and customs of her home country. However, this family structure might cause additional problems because extended family members may encourage abuse, or even take part in it. Such cultural dynamics may discourage women from speaking out, as they sincerely believe it is their fate to accept the violence.
Arranged marriages are common in Afghan culture, and this practice continues to persist in North America. It is usual for Afghan men to marry women from their native country as the women are seen to be more traditional and could fulfill their customary roles, even in a Canadian society. When a new bride is sponsored and arrives in Canada, she is expected to adhere to Afghan cultural expectations. She may fail to recognize abuse or even acknowledge abusive treatment.
Furthermore, Afghan women face different challenges in reporting abuse and accessing services. Some of these barriers include isolation due to limited contact with family or others, no emotional support, immigration status due to prominent fear of deportation, financial challenges, and fear of losing her children. Language barriers reduce sponsored women's access to services and information about domestic violence. In the majority of circumstances, these women are completely clueless about the resources available to them. Prior to their arrival in Canada, these new immigrants are not informed sufficiently about Canadian values, rights, and freedoms.
Furthermore, some abused women do not seek help through the resources of the community because their sponsors and their families have established ties with members of the community. Immigrant women are thus reluctant to report abuse to anyone outside of the family. They fear that it will bring shame and alienation from their own community. Members of the community, though aware of these injustices against these women, face conflict of interest and choose not to blow the whistle. The combination of all these challenges in a foreign land makes these women vulnerable and helpless in breaking free from the abusive relationship.
The current conditional permanent residency requirement amplifies the vulnerability of sponsored women who are victims of abuse. Spouses with no children are required to live with their sponsor for a period of two years or risk losing their permanent resident status. Although an exception can be granted to one who can prove that she has been victim of abuse or neglect, this exemption is not always helpful to them. Victims are required to report the abuse in order to maintain their status, yet this is not an easy task. They are challenged by fear, shame, financial vulnerability, and other obstacles. Furthermore, they have to prove that the abuse took place. In a culture that is still hesitant to acknowledge the prevalence of abuse towards women, speaking out can be the most difficult task.
For example, in Montreal there was the recent family murder case of the Shafias. The first wife was sponsored to Canada on a visa as a domestic servant of the family. She found herself trapped in an abusive marriage and was too afraid to flee. She ended up becoming a murder victim. There are many other similar cases of polygamy and abuse among the eastern cultures.
On behalf of the Afghan community in Montreal, I would like to recommend a few measures to the committee to prevent vulnerable women from being victimized in abusive relationships and also to ensure a better integration of new immigrants into our society.
First, prior to their arrival in Canada immigrants should be informed in their language of origin of Canadian laws, rights, values, and available services. They should be informed that they could seek the help they need, should they be victims of abuse by their sponsors. There are currently no programs in place in foreign embassies to educate these women about their rights.
Furthermore, new immigrants should also be informed of employment, education, and linguistic and social integration programs. Attendance to this information should be mandatory as part of their sponsorship application before they leave their native countries. This measure would not only prevent vulnerable women from being victimized by an abusive sponsor but also facilitate their integration in Canada.
Second, upon the arrival of new residents in Canada, integration courses should also be made mandatory for new residents in order for them to acquire linguistic skills, learn about their rights, and to be educated on their participation in the workforce. Additionally, counselling services should be available at these centres for individuals in need. As previously mentioned by your witnesses, isolation and language barriers are the root causes of vulnerability of abused women. Through this program, women would not only be forced to step out of their homes but would also meet other people, acquire autonomy, and therefore break free from isolation. An abusive sponsor would not be able to oppose this measure, as it would be a condition for the acceptance of their sponsorship.
Moreover, as previously discussed, conditional permanent residence requirements should be abolished, as they place these abused women in a vulnerable situation due to their fear of deportation. Additionally, more publicity should be made available on support services, resources, and the rights of women fleeing violence. This information should be provided in a variety of languages.
Finally, there should be more funds allocated to community services and associations that support and work hard for the integration of their community members into Canadian society.
I thank you for giving me the opportunity to present our opinion on the matter.
I also want to thank the committee for the opportunity to speak about the issues facing immigrant women.
Yellow Brick House is located in York region. We provide emergency shelter and counselling services to abused women and children.
Just to give you the scope of the work we do, last year alone we worked with over 6,300 women and children. We are seeing a tremendous increase in immigrant women seeking our services, and we have adapted internally to be able to provide services in the over 30 languages that our front-line staff currently offer.
I also want to take this opportunity to give you a bit of a picture of what's happening in York region. In 2006 York region was reported to have the highest immigration population growth rate in the GTA. In fact, it is the fastest-growing regional municipality in Canada. The newcomers who are most likely to have immigrated are from South Asia, China, the Middle East, Southeast Asia such as the Philippines, South Korea, and the Russian Federation.
Currently 45% of our population speak a mother tongue other than English or French. It's estimated that about 50,000 people in York region do not speak even one of those two official languages. The vast majority of newcomers to our region are identified as visible minorities and have racialized identities.
That is our current picture in York region. I now want to share with you some of the experiences that these women are facing in our community.
In regard to some of the issues they face, there are many countries around the world that continue to be characterized as entrenched patriarchies, with power disparities between men and women, both within the family structure and within the broader society. That's supported by culture, the social values, and religious beliefs. Many cultural practices that are socially acceptable in their countries are actually violating the rights of women in Canada, according to the Charter of Rights and Freedoms.
Men who perpetrated violence against women in those countries were doing it because it was culturally acceptable. They were never charged or convicted, so when they're applying for immigration to Canada, the fact that they may actually be active abusers is never taken into consideration. There is a tremendous amount of stress associated with settlement services in the integration process, and for men who already have a tendency to that behaviour, that can often escalate the violence in the family.
There is an absolute lack of orientation for new immigrants about the laws pertaining to domestic violence against women and children. The family structure and traditional gender roles continue to describe many cultures. They are often encouraged not to pursue education or employment opportunities, so the man tends to be the breadwinner in the household. The woman is financially dependent on him.
In many cultures, unfortunately, young women are seen as a commodity to be bargained with, through arranged or forced marriages. Underage girls, many of them under the age of 10, are often forced into marriages with much older men or sold into human trafficking. This is happening with disturbing frequency. We're getting young women in our shelters who at the age of 16 have already been married for several years and have children.
In some cultures women are perceived as carrying the family honour, which is controlled and protected by men. If a woman is perceived to have dishonoured the family, she may be assaulted, or as we've heard mentioned, killed through honour killing. A woman who leaves her abusive partner would be considered to have dishonoured her family and could potentially become a homicide victim.
If a woman is fleeing a violent home with her children, she is not only fleeing her abuser. She is also fleeing the extended family, both his and sometimes her own.
In some cultures, girl children are unwanted. If a woman is pregnant with a girl, she is often forced to terminate her pregnancy.
We are also hearing that in many cultures the mothers-in-law and fathers-in-law are also becoming the abusers. They are controlling their daughters-in-law and training them in how to become good wives, with a specific focus on keeping family matters very private in order not to cause shame to the family.
We also know that many new immigrants settle into neighbourhoods where other immigrants live who share their culture and language. This leads to social isolation for women and children.
It's also known that children are disciplined more heavily, harshly, and physically in many of these cultures because it's accepted in their specific cultural norm.
Women who are not educated or employable would likely not be admitted to Canada, so their spouse becomes the principal applicant. They come to Canada as sponsored spouses or family members, and they're economically dependent.
We are seeing an increased number of Filipino women who typically have their employer as their sponsor. As many as 95% of Canada's live-in caregivers are Filipino women whose isolation, living conditions, economic dependency, and legal status create conditions ripe for the perpetration of violence and abuse.
If a woman is considering leaving her abusive partner and she's sponsored, her abuser will threaten her with deportation. If children are involved, he will get to keep the children and she will be returned to the country of origin.
I think we heard before that the new immigration laws are making it increasingly difficult for women living in violent homes to get free. Under these conditions, a woman who migrates to Canada as the spouse or partner of a principal applicant is required to cohabit with her sponsor for two years. She needs to provide proof of this if she decides to leave. She must also call in to the CIC call centre to report abuse. If a new immigrant woman leaves an abusive relationship and she has not collected this evidence, she is facing deportation.
If a refugee claim is denied, the woman does not have access to humanitarian or compassionate reasons for a period of 12 months to reapply, unless it's in the best interests of a child. Unless you're from a non-designated country of origin, meaning an unsafe country, you have very tight timelines to prepare for a hearing: 30 to 45 days. If you're denied, you can go to the refugee appeal division, but you need a lawyer to make an appeal at the Federal Court. This needs to happen within 15 days of the initial rejection.
Human trafficking is another growing problem. Human trafficking victims have a reduced chance of getting temporary resident permits if law enforcement is not involved in their particular case.
We have an increase in abduction of children by the abusive partners, where they leave Canada and drop the children in the countries of their origin. Women are left behind in Canada with no recourse to get their children back.
Intimate-partner violence is the leading cause of non-fatal injury to women worldwide. Musculoskeletal injuries—
:
Thank you, Madam Chair.
Let me say a big thank you to our witnesses for appearing before us today.
As you can appreciate, this is a very important study for us. The , the Honourable Chris Alexander, held some round table discussions on this very topic in the month of January of this year and heard things that were very similar to what we've heard from you today and from other witnesses who have appeared before us.
In its deliberations, this committee felt it was important to do a study on this subject. Clearly, there is abuse. There is a problem in the system, and we'd like to identify possible solutions. Some of the recommendations you made here today are certainly very important, and we will consider them as we conclude our study within the next number of weeks.
That said, we do have a challenge. There is abuse in our immigration system. There's a reason why the conditional PR was put in place in the first place. Its objective, of course, is to deter people from using marriages of convenience to gain permanent residency in Canada. That does happen. We have many cases of that happening.
Something needs to be put into the system to ensure that Canadians are protected and that there isn't abuse of our immigration system. At the same time, we're very cognizant of the fact that the different cultural backgrounds, as I think you mentioned, Ms. Madawa, with some very live examples, prevent women from properly disclosing that they are in an abusive relationship.
I'm going to direct my first question to Mr. Waldman.
Mr. Waldman, welcome back.
:
Marriages of convenience have been combatted before the visa through two different procedures.
The first was the careful scrutiny by visa officers, who have the power to refuse the issuing of a visa if they believe that the marriage is non-genuine. That has been happening as long as I've been practising immigration law. Of course, the sponsor has an appeal, and then the immigration appeal division decides whether the marriage is genuine or not. That process exists independently of the conditional visa.
The other important fact is that there's also the possibility of enforcement action being taken. I was in Vancouver last week on a case where there was an allegation that someone got permanent residence based upon a non-genuine marriage. He was subject to deportation. When I started practising immigration law, that virtually never happened, and now it's happening all the time.
The ability to enforce and the ability to deport people who engage in marriages of convenience exist independently of the conditional visa. All the conditional visa does is make it easier. If you leave prior to the two years, I assume there's a presumption that it's a non-genuine marriage, and you're deported unless you can prove that you've been the victim of abuse.
I understand the motivation behind it, as you've said, but the difficulty with it is that the byproduct of the conditional visa is that we're perpetuating the abuse. So as a committee, as a society, we have to make a value judgment at the end of the day. It's not that we're without mechanisms of enforcement. We have mechanisms of enforcement. The mechanisms of enforcement are the refusal of the visa overseas and the admissibility proceedings.
Are those sufficient? I would say they are. Also, I would say that when you do a cost-benefit analysis of adding the conditional visa, the benefit of making it easier to deport someone if you believe it's a marriage of convenience is outweighed by the danger. I ask you this. If one woman is forced to stay in an abusive relationship and gets killed, is that what it's going to take for us to get rid of the conditional visa? I mean, that's really...that's my sense.
Let me just touch on something that I believe all three of you, Ms. Herenda, Ms. Madawa, and Mr. Waldman, touched on, with regard to informing people before they come here of what the Canadian system is. I think, Ms. Herenda, you used the word “orientation” about our laws and rights here in Canada.
I think it's important. Quite frankly, we cannot just ignore the fact that marriages of convenience happen and will happen considerably if we eliminate the conditional PR. One of the things we could inform people about, for example, is the fact that right on the CIC website there's an operational bulletin that provides the exceptions for which the conditional PR is lifted on the abused individual. There's a whole slew of exceptions—for example, any kind of court document, protective orders, releases, bail orders, and that kind of stuff. Perhaps it's a little bit more advanced for people in that they may not be ready to run to lawyers and run to courts to disclose their abuse, but they can provide a letter of statement from a women's shelter or domestic abuse support organization.
Ms. Herenda, I'm keenly aware of the great work that Yellow Brick House does in York region. A letter of statement from a family services clinic, a letter of statement or a report from a medical doctor, a sworn statement, an affidavit from them or from a family member or a friend, photos, injuries, voice mails, emails—a whole slew of things can be used as very useful tools by a person who is being abused.
To Ms. Herenda, when a woman who has been abused comes to you, what advice do you give them about the next steps they can take before they of course are threatened with removal from the country?
:
Okay. That's all I need. I only have a very short time.
I've asked 15 witnesses now to say just yes or no on that. Out of the 15, 13 said to get rid of it, one said to keep it, and one didn't know, so there's a very strong majority. I definitely agree with that majority. If you tell me that in return for this rule you get a smaller number of marriages of convenience but you have to pay a whole lot more in abused women, I'd say that's a terrible deal and to get rid of this two-year rule.
There's a main point that I want to make in my brief time. I don't know how many of you heard the New Zealand testimony, but it dovetails perfectly with the issues that you are raising. Earlier I sent a message to my staff to summarize the New Zealand testimony. I'd like to read that for you. In New Zealand, couples have to live together for one year versus two here, and in the case of alleged abuse, a spouse can get a nine-month open work visa easily. An application for permanent residence of an abused person is decided in less than a year, at a cost of $800, and two-thirds of applicants succeed.
Compare that with Mr. Waldman's first example. It's black and white. I asked how come it was so fast and so cheap, and the New Zealanders said that part of the answer is that they don't use lawyers. It's adjudicated by immigration officials.
I think we only have about three minutes left, but I'd like to use that time to ask this of Mr. Waldman. Having heard the New Zealand thing, to what extent could it be implemented in Canada and how would we do it?
For Ms. Madawa, to what extent would a system like that solve the problems you raise regarding the Afghan community? I think more things would be necessary, but it might go a significant part of the way. I'd like to ask you that.