Immigration attorney Hana Marku expressed feeling powerless upon receiving an email with a picture of a severely malnourished baby from the Gaza Strip. Marku represents around 50 Palestinians who were prevented from applying for the Canadian government’s temporary visa program designed to aid those fleeing the Israel-Hamas conflict.
Describing the dire circumstances, Marku highlighted the daily threat of death faced by her clients in Gaza. She narrated instances where individuals narrowly escaped fatal incidents, such as one escaping a bomb blast while returning home with flour. Witnessing loved ones crushed by collapsing debris further compounds the trauma experienced by her clients.
In response to the delays in processing her clients’ applications without explanation, Marku has sought a ruling from the Federal Court. She aims to challenge the Immigration Department’s handling of the applications, citing unreasonable delays and lack of communication regarding the status of the applications.
Despite her clients submitting their applications promptly after the program’s initiation in January 2024, they did not receive the required reference codes to finalize their applications. The abrupt closure of the program in March, after more than a year without updates, left her clients in limbo, with no opportunity to complete their applications.
A family member of several applicants shared their frustration, detailing the unsuccessful attempts to secure approval under the program. Resorting to alternative means, he facilitated the evacuation of his sister and mother from Gaza to Canada through different visa programs and refugee applications.
Marku’s plea for an emergency hearing in August to address the processing delays has been acknowledged by the court. However, the Immigration Department’s response to the situation in Gaza has been deemed “futile and moot” due to the program reaching its capacity, as stated in a letter to the Federal Court.
Acknowledging the challenging conditions in Gaza, the Canadian government has upheld a UN-supported finding of famine in the region. While the Immigration Department clarified its policy of processing applications submitted before reaching the program cap, it refrained from commenting on the ongoing litigation.
Regarding program statistics, as of July 29, 880 Palestinians have arrived in Canada through the visa initiative, with over 1,775 approvals pending arrival. An additional 400 individuals have entered through other immigration pathways, as per Canada’s Immigration Department records.