Meeting with my MP. Mr. Stephen Woodworth

All in all, it was a good meeting; my MP didn’t try to antagonize my reasons; after listening to my arguments –I even had a list of cases to prove that what is happening at the Canadian Embassy in Havana is absolutely arbitrary-. People who failed to prove that they had any properties/assets, employed with an average salary, with relatives in Canada, some with more than one and with no travel history got a visa or have a multiple-entry visa; just like some others who met all the ‘requirements’ who ended up staying in Canada. The MP was aware –and he himself  provided examples- of arbitrary decisions by Canadian immigration officials in India and Russia; he mentioned talented Russian mathematicians with an extensive travel history who were equally denied entry to Canada even when they were coming for a scientific exchange  He is absolutely aware of the fact that the system doesn’t work and that the government is not about to establish an appeal process for all the visas that are denied; he added that 35 000 people make political refugee claims as soon as they arrive in Canadian soil every year which is a burden to the taxpayers. I agreed that a large number of political refugee claimants just take advantage of the system as I know some people who have successfully done it but the number in itself is the biggest evidence of the system failure. Mr. Woodworth understands that there is no way to tell who will make a refugee claim or who won’t which has been a factor in the toughening of the immigration rules with the disastrous results we know.

Good to know we were on the same page but… what does all that mean for my sister? It means that my sister will have to reapply for a visa (Same expenses again) which won’t be possible until next summer. He suggested that we put together parallel documentation which he will take to the Minister’s office prior to her applying just to see what they say and just to have some ammunition in case the embassy tries to lie again as they did this time around when they said that my sister ‘failed to provide proof of income’ and that she had ‘limited employment prospects’.

We agreed I’d provide the bulk of such parallel documentation to him by the 2^nd week of September. We’ll see where this takes us but…failing this, what? He said he would have to make a case directly with the Minister’s office but warned that the present Minister of Immigration is more about going through the channels than about backing down to an MP’s request. He suggested that would be the time to apply pressure on the government ‘in large numbers’. I mentioned the online petition and he said there was nothing wrong with that but that ‘maybe’ I was ahead of myself.

I believe Mr. Woodworth understood that I am not about to give up. I was glad he is aware of the fact –that doesn’t need to be proven- that the system simply doesn’t work; of course, this doesn’t help my sister which is the scary part as nobody seems to be interested in revamping it. It is a pity that a country like Canada has such an inefficient bureaucracy that causes so much pain and disillusion to new Canadians.

Response from Mrs. Wayne Easter's (MP) office.

Good afternoon Lucia,

After speaking with our local representative  at Citizenship and Immigration it appears as though they are unable provide any information or guidance on your case as they do not disclose such details when Mr. Easter is not your local representative. 

I would suggest you contact your local MP again or contact the Minister of Citizenship and Immigration, Minister Jason Kenney.  He can be reached at Minister@cic.gc.ca.

I wish you all the best.

Kind regards,

Krystal Rice

Constituency Assistant

Office of the Hon. Wayne Easter

P.O. Box 70

Hunter River, PE C0A 1N0

Tel: 902-964-2428/ Fax: 902-964-3242

Email: Eastew1@parl.gc.ca

The interview with Stephen Woodworth's will be on July 20.

I got an phone call from Stephen Woodworth's office yesterday. I will have an interview with him on July 20th at 11am.

Response from the Canadian Embassy in Havana/Message from the MP office.

Good Afternoon Ms. Gonzalez,

The following is the response that I have received from the Embassy in Havana.  You will note that the 5^th and 6^th paragraphs address your sister’s application.

Sincerely,

Michelle Salt

Constituency Assistant

Office of Stephen Woodworth

Member of Parliament

Kitchener Centre

Phone: 519-741-2001

Fax: 519-579-2404

Dear Sir/ Madam:

This is in reference to your email regarding Mrs.Yamina González Almaguer’s visa refusal.

In general terms, according to the Immigration and Refugee Protection Act of Canada, any person wishing to become a temporary resident of Canada must satisfy a Visa officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of admission and that they do not belong in a category of persons inadmissible to Canada.

In reaching a decision, Visa officers look at many factors during the fact-finding process, which may include:

- the applicant's travel history; (Cubans cannot leave their country at will, if this one is a factor 99% of the Cubans applying for a visitor's visa would NEVER qualify as they have never been outside of their country; my parents had never been outside of Cuba and both visited Canada, their 'travel history' was not a problem.- the reason for travelling to Canada and the applicant's contacts there. (I invited my sister last year to assist me after major surgery (Humanitarian reasons which were ignored) and this time around for a cultural exchange. (Equally ignored)- the applicant's financial means for the trip. The average salary in Cuba equals between 8-14 dollars. Based on this one, Cubans should NEVER get a visa, my sister's salary is 880.00 Cuban pesos a month, the equivalent of 36.00 dollars a month, but still way above the Cuban average. The first time around I sent (As requested by the embassy) proof that I had enough funds to pay for her expenses while in Canada and this time around the person who invited her advised that he would pay for all her expenses, as requested by both the embassy and the Cuban authorities) The Canadian visa officers in Havana are more than aware that Cubans don't have the means to pay for the expenses that a trip to Canada involves.- the applicant's ties to his or her country of residence, including immigration status, employment and family ties, properties; and (Cubans are not allowed to buy homes, land or even automobiles, my sister lives with my parents in a home she will eventually inherit)- whether the applicant would be likely to leave Canada at the end of their authorized stay. (The present economical/political situation in Cuba makes it absolutely impossible for anybody to determine who will be returning to Cuba after a trip abroad. Cubans leave behind their relatives in the hope to find a way to get them out of Cuba at a later time. The 'assets' that the average Cuban may own -including a home- are not a deterrent for anybody to leave the country. I know people who owed lots of such 'assets' and left the country in a boat, risking their lives. The highest salary allowed by law in the country is ridiculously low compared to that of the humblest Canadian laborer, this is something that shouldn't even be taken into account in the case of Cuba. A quarter of a million Cubans have left the country in the last few years, at a rate that is getting close to 40 000 a year.

Please note that these objective factors are the same for all applicants, regardless of who they are and where they apply. Not true, I know about relatives of friends who met all these requirements and were denied a visa. We can not discriminate for or against applicants based on their country of origin. (Not true in the case of Cuba as it is obvious in this letter)  I realize this is a highly emotional issue, especially when dealing with family visits so can understand the feelings of your constituent. However, and with no disrespect to your constituent, nobody has a right to visit another country (I never said so, I said that, as a Canadian citizen, I have the right to be visited by my relatives in my adoptive land) - each country has their own standards and requirements when deciding who to admit. (I agree, only that the 'standards' and 'requirements' used in the case of Cubans seem to be absolutely arbitrary.) For the particular application in question, according to the documentation provided,  the applicant requested a Temporary Resident visa for cultural exchange and to visit Pulso Media Group Inc. and not  in fact to visit her sister on vacation.   If this was the true purpose of the visit (It was) it should have been noted on the application. (I invited my sister last year and she was refused a visa for the alleged same reasons)

In addition, the applicant has no travel history, no spouse, no children (ie limited family ties) (This one is new, my sister was not even notified that the absence of a husband/children was a factor in the denial of the visa. should she get married in order to apply successfully?) , limited employment ties, (Not true, my sister has a full time position as a music teacher in a conservatory and a part time position in another, she provided letters from her employers) no evidence of employment income ( Not true. My sister has a monthly salary of 450.00 at her full time job and 430.00 at her part time for a grand total of 880.00, the average monthly salary in Cuba ranges between 250-300.00. She provided the embassy with  letters from her employers in which her salary was clearly stated) and no declared properties /assets.

The onus is on applicants to show that their intentions are genuine. (Who can tell in the case of Cuba?) Their personal situation in their country of origin remains the essential aspect of the visa application assessment. (Unrealistic) If the Canadian officer is not satisfied with the temporary nature of the visit to Canada, that officer is obliged by law to refuse the application. If someone is refused, it is nearly always for this reason. (Nearly always? What are the exceptions?) Once a decision is made, the file is closed.  If the applicant feels that he or she has additional information, (Not sure what this means, if they don't even take into account the information provided) they may submit a new application and pay a new processing fee. (75.00 CDN, do the math, 26 Cuban pesos are equivalent to a dollar, average monthly salary 250-300.00 pesos, I remember the times when Cubans were allowed to pay in Cuban pesos at the embassy, the prices were affordable then, hard to find the word to describe the 'twist'),   Whenever possible, a different visa officer will examine the application. Information from any previous applications will be used as reference for the new one. (What's the point of using a different visa officer then?) However, if the applicant's personal situation has not substantively changed since the last application, there is little reason to expect a different decision. (Define 'substantively')
Best regards,

(No signature provided)

*The Ministry refused to discuss my sister's file with me on the grounds that, legally, she needed to give me authorization to do so. The embassy didn't seem to care...are they breaking the law?

____________

My response

Thank you Michelle,

Now that this step has been taken I would like to have an interview with Mr. Woodworth. Please let me know when this is possible. I am available any day until 2:30pm. I would also like to know who responded to you from the Canadian Embassy in Havana.

Best regards,

Lucia Gonzalez

_____________

MP's office response

 

Hi Lucia,

I will check with Mr. Woodworth as to a convenient time for an appointment although it will not be until later in the month as he will be out of the country as a Canadian Delegate with the NATO Parliamentary Association.

Unfortunately, I am not a liberty to give you my contact name at the Embassy. (???)

I will be in touch once I have some date for a possible meeting.

Regards,

Michelle

Email to Michelle Salt. Constituency Assistant. Kitchener

Re: Denied Temporary Resident Visa (TRV)

Hi Michelle,

I am wondering what the result of my inquiry has been in regards to my sisters application for a TRV. Have you had a reply from the Canadian Embassy in Havana yet? If not, any idea how much longer it will take?

My sister's full name is Yamina Gonzalez Almaguer, (Included her D.O.B. and her file number at the Canadian Embassy in Havana.)

Best regards,

Lucia A. Gonzalez

Reply from the Ministry of Immigration

Dear Ms. Gonzalez Almaguer:

I am replying to your e-mail of June 10, 2011, addressed to the Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, concerning the refusal of a Temporary Resident Visa (TRV) for your sister, Ms. Yamina Gonzalez Almaguer.

As you may be aware, the Privacy Act prohibits the release of information on our clients without their written consent.  This legislation was designed to protect a person’s right to privacy when dealing with Canadian government institutions.  Our records do not indicate that you have been authorized, in writing, by Ms. Gonzalez Almaguer to receive information specific to her immigration file.

If you wish to make future enquiries about her application, she should fill out and sign an Authority to Release Personal Information to a Designated Individual form (IMM 5475), available at the following address: www.cic.gc.ca/english/pdf/kits/ forms/IMM5475E.pdf.  This will authorize Citizenship and Immigration Canada to provide you with information about her application.  The form can be submitted with a new written request to:

Minister of Citizenship, Immigration and Multiculturalism

Citizenship and Immigration Canada

Ottawa ON  K1A 1L1

The Immigration and Refugee Protection Act gives visa officers the authority to issue TRVs and sets out certain basic requirements.  Applicants must demonstrate that they are genuine visitors, coming to Canada for a temporary period and will return home at the end of an authorized visit.   While we are able to approve most applications, we are required by law to refuse those where the individuals have not demonstrated that they are genuine visitors, coming to Canada for a temporary visit, and will return home at the end of an authorized stay.  Unless the visa officer is completely satisfied that the applicant is a genuine visitor, a TRV cannot be issued.

Hosts and relatives in Canada are welcome to support the application of a family member.  However, although such support may be considered, the decision of the officer is ultimately based on the applicant’s circumstances, and not on any guarantees that anyone may be prepared to offer on his or her behalf.  For this reason, the officers must form an opinion about the visitors’ intentions independent of the hosts’ assurances.

Thank you for taking the time to bring your concerns to the Minister's attention.  I trust that this information is helpful.

Sincerely,

G. Holmes

Ministerial Enquiries Division 

Visit to the local MPP office.

I spoke personally today to Michelle Salt, Constituency Assistant at the office of Mr. Stephen Woodworth. I brought with me a signed waiver that allows them to -I guess- find out who I am as I am giving them permssion to check with RCMP, Immigration and Citizenship and any other government agency about me. My Social Insurance Number was also in the waiver.

Michelle said that they would inquiry with the Canadian Embassy in Havana regarding the reasons that prompted a denial of a TRV or 'Temporary Resident Visa' a.k.a 'Visitor's Visa'. (I thought all along that the 'reasons' were the ones provided to my sister by the Embassy.) This is not promising at all. Other people have had the MPP office contact the Embassy with no results whatsoever. Michelle said that those denials could not be appealed which made me smile. -Dont we live in a democracy? Why can't we question the decision of a government official?- I asked what was the next step and she wouldn't commit to anything, after insisting she mentioned the possibility of an interview with Mr. Woodworth. I made clear that I was not giving up and I guess she got the message. We'll see...