Ottawa seeking unprecedented level of personal details from Palestinian migrants, lawyers say

As Palestinians in Gaza seeking to escape the Israel-Hamas war begin applying to come here through a special immigration program, immigration lawyers say Ottawa is asking for an unprecedented level of personal information from prospective migrants.

"It's strikingly different than what is ordinarily required for a visitor visa application," said immigration lawyer Pantea Jafari. "[The federal government] is asking for significantly more information than any of those applications, and even more than any permanent resident's application."

This week, the federal government launched a new program to permit up to 1,000 Palestinians who are extended family members of Canadian citizens or permanent residents to apply to come to Canada and stay for three years if their families can support them financially.

A Canadian citizen or permanent resident who applies on behalf of a relative in Gaza receives a form from the federal government requesting additional personal information about the migrant applicant.

The form asks for "a full and detailed employment history, since the age of 16 years, including exact dates, description and details on your roles and responsibilities, name(s) of supervisors(s), reason for leaving the job, and any disciplinary issues."

It also requires a "description" of, and explanations for, "any scars or injuries which have required medical attention." The form asks applicants to list all social media accounts, former phone numbers and email addresses associated with a prospective migrant, along with passport information.

Jafari said that's a lot of information to ask of people who are fleeing for their lives.

"It's an incredibly difficult position to put an already vulnerable population into, and I just can't imagine being anyone that needs to fill this out right now. I can't imagine the hardship that they're experiencing," she said.

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Immigration lawyer Pantea Jaffari addresses a Senate committee hearing. (Senate of Canada)

Adam Sadinsky of the Canadian Association of Refugee Lawyers said it took him six hours recently to help a family of four gather all this information. He said it would be a lot for anyone struggling with unreliable internet access in Gaza.

"I think that the government is responding to questions about security," he said.

"I think [Immigration] Minister Marc Miller has said publicly that security is a top concern with respect to these applications and that the government doesn't want a Hamas commander to apply through this program and inadvertently be admitted to Canada."

Aidan Simardone, who also practices immigration law, said the federal government's approach to migrants from Gaza betrays a double standard.

Immigration lawyer Aidan Simardone says the requirements imposed by the federal government for fleeing Palestinians amount to a double-standard. (Nicole Noworyta)

'"In any conflict there is often a security concern," he said. He pointed out that Ukrainians fleeing Russia's full-scale invasion in 2022 were not asked such detailed questions, despite the documented existence of a group with neo-Nazi ties, the Azov Battalion, operating in Ukraine.

"Does that mean Ukrainians are neo-Nazis? Of course not. It is a very, very small share of the population that is, in any conflict, involved in human rights violations and radical ideologies," he said.

Government says it will show flexibility

In a media statement, Immigration, Refugees and Citizenship Canada (IRCC) said it's asking Gaza migrant applicants for detailed information because it's incapable of conducting biometric tests — such as fingerprint scans or facial photo recognition — in Gaza before migrants cross into Egypt through the Rafah Gate.

"We are asking people to provide as much information as they can and we will be flexible in our approach," the department said.

In an interview with CBC's Ottawa Morning on Thursday, Miller said it's reasonable to ask for these details given the security concerns.

"I don't think Canadians would forgive us if we let in someone that was not the person we wanted to be, and turned out to be a terrorist," he said.

The Canadian government lists Hamas as a terrorist organization.

Israel launched a military campaign in Gaza following Hamas's brutal Oct. 7 attack that left roughly 1,200 Israeli citizens dead. The military response has killed more than 23,000 Palestinians, according to the territory's Hamas-run health ministry.

Miller suggested the government could be flexible in cases of "really young people that have lost their parents." But when it comes to applications from older Gaza residents, he said, "that's something we won't be able to compromise the security of Canadians on."

Minister of Immigration, Refugees and Citizenship Marc Miller rises during question period in the House of Commons on Parliament Hill on Sept. 21, 2023. (Patrick Doyle/Canadian Press)

Miller also has said he'll show flexibility on the 1,000-person cap the government has imposed on the temporary visa program. He pointed out that Israel and Egypt control the Rafah Gate crossing between Gaza and Egypt, and Hamas is also involved in deciding who can cross.

"We've seen games being played, with windows opening, closing, with very little notice and seemingly in an arbitrary fashion, even with respect to our own citizens," he said.

His department says Egypt and Israel are only asking Gaza migrants for their full names, dates of birth, sex, passport or national ID details, mobile phone numbers and current location by district.

A consent form issued by IRCC to applicants says the personal information provided will be shared with Israel, Egypt, "other Canadian federal departments" and service providers assisting Ottawa.

The same form says the Government of Canada cannot provide assurances about how personal information will be protected, used or disclosed once it is shared with these entities.

It's not clear how many people have signed up for the program to date, or how quickly applications will be processed. Miller said the government wants to work through them "as quickly as possible."