Precarious
Immigration
Status
and
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Master title
style
Access to Social Assistance in
Ontario
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4/8/2015
Presented by:
Rathika Vasavithasan, Staff Lawyer
South Asian Legal Clinic of Ontario
South Asian Legal Clinic Of Ontario
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What we are seeing
• Increased reporting by Canada Border Services
Agency to OW/ODSP when refugee claim denied
• People being cut-off social assistance without first
being given a chance to provide updated information
about immigration status
• Misinterpretation of recent changes to
immigration/refugee
system in subtitle
Canada bystyle
OW/ODSP
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• Termination of benefits although person continues to
meet the eligibility requirements
• Settlement and clinic workers facing greater obstacles
in advocating on behalf of clients
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4/8/2015
South Asian Legal Clinic Of Ontario
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Topics to be covered
1. How someone's immigration status and/or a
removal order impacts their eligibility for
OW/ODSP
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2. Recent changes to the Immigration and
Refugee Protection Act and how OW/ODSP
isClick
interpreting
changes
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Master
subtitle style
3. How to advocate on behalf of your client
with their OW/ODSP caseworker on this
issue
4. Resources and referrals
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Click
toODSP
edit Master
title
OW and
Legislation
andstyle
Policy
Directives regarding Immigration
Status
in Canada
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Master
subtitle style
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OW and ODSP Legislation
• OW Act O. Reg. 134/98 s.6(1) and and
ODSP Act s.8(1) provides the following:
– Person
not Master
eligible if: title style
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to isedit
• removal order has become enforceable
• A person who is a visitor, unless the
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person
– made a claim for refugee protection
– has made an application for status as a
permanent resident
• A person who is a tourist
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Important Exception
• The ineligibility outlined in first part DOES
NOT apply if the Administrator is satisfied
that:
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(a) for reasons wholly beyond the control
of the person, the person is unable to leave
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to edit
the
country;
or Master subtitle style
(b) the person has made an application for
status as a permanent resident on the basis
of humanitarian or compassionate
considerations
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Requirement to provide
information
• Applicants and recipients are also
required to provide information
necessary
to determine
verify
the
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to edit
Masterand
title
style
their initial and ongoing eligibility for
basic financial assistance, including
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Master
subtitle style
information
about
the person’s
immigration status in Canada
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Acceptable
Documentation
• Acceptable immigration documents are listed in
OW policy directive 2.1 and ODSP policy
directive 3.5
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to
edit
Master
title
style
– Mostly refers to CIC or CBSA issued documents,
but also proof of application for permanent
residence and “other acceptable proof”
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to
edit
Master
subtitle
style
• In the past, it was much easier for advocates to
write letters explaining current status,
immigration processes or provide documents
not specifically listed (court documents, etc.)
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Changes to the Immigration and
Refugee System in Canada since
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2012subtitle style
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Summary of key
changes
• Changes to eligibility requirements to make a refugee
claim for those with criminal convictions
• Unreasonable timelines for making a refugee claim in
Canada
• Designated Countries of Origin (DCO) – reduced rights
for claimants from certain countries
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to edit
Master
styleRisk
• 1 year
or 3 year
bar on
making subtitle
a Pre-Removal
Assessment (PRRA) application
• 1 year bar on making a humanitarian and
compassionate (H&C) application (with limited
exceptions); no simultaneous H&C and refugee claim
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Appeals & Judicial Review
• After refugee claim is refused;
– Non-DCO must appeal to Refugee Appeal Division
(RAD) first and then Judicial Review – automatic
stay of removal at both levels until appeal decided
– DCO claimants do not have access to Refugee
Appeal Division
Clickclaimants
to editmay
Master
subtitle
– DCO
apply to
Federal style
Court for
judicial review, but no automatic stay of removal
while application is being considered
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“Wholly beyond control”
• Just because a removal order has become
enforceable, it does not mean it can actually be
enforced, including because of:
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tooredit
style
–
Statutory
court Master
ordered staytitle
of removal
– No travel or identity documents
– Moratorium on removal to person’s country
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– Pending criminal charges
– Country refuses to take the person back
– Waiting for Canada Border Services Agency
(CBSA) to make removal arrangements
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Assisted Voluntary Return and
Reintegration Program (AVRRP)
• Collaboration between CBSA and International
Organization for Migration (IOM) to deport people
• Eligible claimants referred by CBSA to IOM who then
takes over removal
• Claimants are given either in-kind assistance or some
cash to leave Canada
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tohow
edit
Master
– What
and
much
you getsubtitle
dependsstyle
on where you
are from and what rights you give up
• IOM anticipates removal within 30 days of referral to
program (depends on country and other factors)
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AVRRP – Eligibility
Applicant is NOT eligible if they:
•Withdrew or abandoned claim
•Claim was deemed to have had no credible basis
•Is from a country subject to a temporary suspension of
removals
•Are being held in immigration detention
•HaveClick
a criminal
(minor or serious)
to record
edit Master
subtitle style
•Are inadmissible to Canada on the grounds of national
security, human or international rights violations, or
organized criminality
•Have an outstanding application for permanent residence
along with a spousal sponsorship application.
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Advocating with OW/ODSP
• Negotiating with individual workers
• Internal Review and SBT appeals –
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to edit
Masterwith
titleCBSA,
style
document
conversations
letters from immigration counsel, expert
affidavits, court documents, etc.
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• Interim Assistance – not automatic; must
pay back if appeal denied; consider likely
timeframe of removal
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Internal Review & Appeals
• All decisions must be in writing from the
Administrator or Director
• Must first ask for Internal Review in writing
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– within 30 days of decision to refuse
– Can use form or any written method – “I disagree…”
– Provide any missing information
• Appeal
to Social
Tribunalstyle
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to editBenefits
Master subtitle
–
–
–
–
Cannot appeal unless you asked for IR first
Submit appeal form within 30 days of IR decision
Will receive Director’s submissions
Appellant must provide submissions 20 days before
hearing (30 days for new medical evidence)
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Resources
• Canadian Council for Refugees – plain language
information on refugee changes:
– http://ccrweb.ca/en/refugee-reform
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• Income Security Advocacy Centre (ISAC):
– www.incomesecurity.org/contactus.html
• Ontario Council of Agencies Serving Immigrants
(OCASI):
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– www.ocasi.org/contact-us
• Health 4 All has a list of medical services for uninsured
and undocumented people:
– www.health4all.ca/get-the-facts/toronto-services-for-migrants/
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Resources Continued…
• Community Legal Education Ontario –
Refugee Rights in Ontario:
www.refugee.cleo.on.ca
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• Community Legal Education Ontario –
Social Assistance Publications:
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www.cleo.on.ca/en/resources-andpublications/pubs?language=en&field_leg
al_topic_tid_i18n=93
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Community Legal Clinics
• You can find your community legal clinic by
going on the Legal Aid Ontario web-site and
typing in your postal code:
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– www.legalaid.on.ca/en/contact/contact.asp?type=cl
• Language-specific and specialty legal clinics
may also be able to assist. Call first and ask if
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to edit Master subtitle style
they can
help:
– South Asian Legal Clinic of Ontario (416-487-6371)
– Metro-Toronto Chinese and Southeast Asian Legal
Clinic (416-971-9674)
– HIV & AIDS Legal Clinic Ontario (416-340-7790)
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