Sri Lanka News Updates with Discussions

Ask only questions.
then make fun out of those who answer.

ada dollEr eka keeyada malli?

Challenge to Canadian Visa Procedures at Canadian High Commisoion (CHC), Colombo
Posted on August 30th, 2009
T. Viresh Fernando, CA

I have launched a judicial review (appeal) of a visa officer s decision made at the Canadian High Commission in Colombo to refuse visit visas for two students aged 18 and 17. The kids are from a very rich, attend private school, and have previously travelled widely including to Canada and the US. They were coming here to be at their grandmother s 80^th birthday party. They were returning to SL in time to sit for the London A-Levels in June 2009. The kids mom and younger sister were remaining in SL. Their father who was a You of T graduate and a permanent resident returned to SL many years ago, passed away about four years ago.

I happened to be in SL in March 2009 when the applications were made. As I had heard many horror stories about the way people are treated at the High Commission I decided to accompany the two young girls. I was shocked when I was initially refused entry. After insisting that I had a right as a Canadian lawyer to enter the premises the security officers reluctantly allowed me to do so. When the number for the two girls was called all three of us walked up to the counter/window where I once again identified myself and showed my passport. The Tamil lady at the counter shouted and said I had no right to be there and called security and screamed at them. I explained that I had a right under Canadian law to accompany my clients . I specifically asked the lady to check the application and tell us whether any additional documents or information was needed and she said no. The application packages contained a letter on my letterhead explaining who I am and what the purpose of the applicants visit to Canada was. It also contained my SL cell phone number and a request to call me if any further clarification was needed. WE were told to return at 3.00 pm.

Although I don t do the volume of immigration work I used to CHC knows me very well as I still do investor class applicants from SL. By entering my name in their computer system CHC would have known the names of ever file I handled through that office and whether anyone who had come to Canada through me had claimed refugee status.

As applicants names and application outcomes are announced over the PA system everyone know who is/not granted a visa. There was a clear pattern that a disproportionate number of Tamil applicants were approved compared to Sinhala, Muslim and Burgher applicants. I have received this type of complaint for many years but no one was willing to provide affidavits and challenge the systematic discrimination in Colombo. Since 1996 the entire local staff has been changed three times. Some Canadian staff who shared in bribes have been moved out and or terminated. Go betweens openly approach applicants outside the heavily fortified gates and offer to obtain visas on a fee for success basis!

By using the access to privacy act and accessing the official CAIPS computer notes I discovered that the Canadian visa officer s concerns listed in CAIPS was not what was in the visa refusal letters and the concerns were also not said to the applicants so that the applicants had a chance to respond to the concerns as is required by law. I also discovered that the Canadian officer had merely rubber stamped the Tamil clerk s recommendation which is of course completely against the law.

One of the grounds on which the challenge is based is systemic bias/discrimination. Many of you would have seen on TV and read in the paper in the last two weeks about the Somali-Canadian lady Suaad Mohammed who was effectively denied her right to return Canada for no other reason than the colour of her skin.

I have made a second access request with regard to a breakdown of visa applications by ethnicity, last name, first language, etc which will help me statistically determine the existence of discrimination and also the ethnic make-up of the CHC local staff.

I am wondering whether anyone has information and or contacts who can give me more information/personal stories of visa refusals or discrimination they faced at CHC Colombo so I can place the information before the court. Also any other suggestion you may have in this area is welcome.

Let me close with another crazy situation I am facing now. A Sinhala friend of mine who is a Canadian citizen returned to SL about 20 years ago and married a SL lady 18 years ago. They have four children who are registered with CHC Colombo as Canadian citizens and have Canadian passports as permitted by law. The family wishes to move back to Canada and I am doing the husband s sponsorship of the wife. Last week I received a letter from CHC Colombo asking that the couple produce wedding photographs though they have been married for years and CIC knows that!

Please feel free to forward this to others.

Viresh

T. Viresh Fernando, CA
Barrister & Solicitor
2902-95 Thorncliffe Park Drive
Toronto, On, M4H 1L7
416-977-9846
416-977-1143

'Romaagey Waasanawa' ?