Monsef could face consequences, immigration lawyers warn 

Lots of coverage on Maryam Monsef and her birthplace.

Most coverage conflate birthplace, citizenship and identity. While they can for many be one and the same, this is not the case for all, particularly in the case of immigrants.

For example, my mother was born in Russia on the eve of the Russian revolution, her family as refugees fled to Latvia, and her Canadian passport listed Riga as her birthplace, likely reflecting that the chaos at the time made it impossible to obtain a Russian birth certificate. But we all knew her true birthplace.

As to the speculation by some regarding whether or not her citizenship and immigration status could or should be revoked, Monsef arrived in Canada at the age of 11 so all documents would have been submitted by her mother. So while her mother’s status could theoretically be subject to review, hard to see why any government would do so some 20 years after the fact and given that it is not material to the family’s status as refugees.

Iran has between one and three million Afghan refugees, which are not well integrated into Iranian society, and largely live within Afghan neighbourhoods.

So I am sceptical of the reasoning of the immigration lawyers contacted by the Sun (Guidy Mamann, Chantal Desloges and Julie Taub):

Canadian immigration lawyers say Democratic Reform Minister Maryam Monsef could suffer consequences if her refugee or citizenship applications included false information.

“It’s extraordinarily serious,” Toronto immigration lawyer Guidy Mamann said. “From a strictly legal point of view – and I’m assuming cabinet ministers want to observe the law – she is a person right now who has citizenship through fraud. It may be intentional or unintentional, but her citizenship in Canada right now is open to attack.”

…“If you had false info on your citizenship application you could be subject to having it revoked,” Toronto immigration lawyer Chantal Desloges explained. “It could not go so far as a criminal charge because for her to be charged criminally you’d have to do it knowingly.”

While lawyers the Sun spoke to disagreed on certain specifics, none doubted that a case such as Monsef’s would typically undergo a review.

“There are differences in cases where they probably decide not to proceed when false info is presented for reasons of safety and security. But that’s rare,” says Ottawa immigration lawyer Julie Taub, a former member of the Immigration and Refugee Board.

“The situation is if she was not an MP, if she was not a cabinet minister, if she was just your average Joe, the government would probably seek to vacate her status and once that protection is gone they could go after her citizenship,” Mamann added.

“I think the government is going to be in a hard position because they obviously won’t want to take any action on it but if they don’t, how is that going to look, that she’s getting preferential treatment?” Desloges said.

Source: Monsef could face consequences, immigration lawyers warn | furey | Canada | News

Michael Friscolanti demonstrates a more sophisticated understanding of the issues involved, and the likelihood of removing her immigrant and citizenship status:

If her mother provided inaccurate information to the IRB, does that mean Monsef could be stripped of her citizenship?

Again, it’s not clear what Basir told the IRB. But even if she failed to disclose where her daughters were born, experts in refugee law are divided about the potential consequences. According to the Citizenship Act, the government has the power to revoke citizenship on the grounds it was obtained “by false representation or fraud or by knowingly concealing material circumstances.” Material is the key word. Simply put, would the evidence that has come to light have altered the IRB’s original opinion that Monsef was a bona fide refugee? “If it was not disclosed that she was born in Iran, that, in my opinion, is a material misrepresentation,” says Toronto immigration lawyer Guidy Mamann. “If you find one lie, then you start questioning the whole story.”

Michelle Rempel, the Conservative Immigration critic, seems to agree, saying there could be “serious consequences” if Monsef’s refugee claim contained false information. But Showler, the former IRB chair, sees it differently. Because Monsef had no legal status in Iran (to repeat: she wasn’t a citizen, despite being born there), her birthplace had zero bearing on the case. “What you are doing with a refugee claim is you’re saying: ‘I cannot go back to my home country because I will be persecuted,’” he says. “Whether or not she was born in Iran is irrelevant. The only country for which she had citizenship was Afghanistan, and that is the country from which she feared persecution.” Showler says “there is not one chance in 1,000″ that Monsef’s immigration status is in jeopardy. “It’s very, very difficult to unwind citizenship status,” he continues. “You can do it, but almost always when it happens, it’s because somebody has committed a serious crime and there are reasons you want to get them out of the country. For something like this, there would be absolutely no reason for doing it.”

What if her mother did tell the IRB that Monsef was born in Iran?

For one thing, it would eliminate any chance, however remote, of the minister being stripped of her citizenship. It would mean Basir provided all relevant facts to the IRB, and that the board concluded all four claimants were genuine refugees. If that’s the case, however, it does raise yet another question.

If the Immigration and Refugee Board was told that Monsef was born in Iran, how could she not know?

Think back to the ensuing document trail. If the IRB was informed of her true birthplace, that same location would have been listed on her subsequent permanent residency forms, her citizenship application, etc. Under such a scenario, it seems implausible that Monsef would have remained oblivious to the truth all this time—or that the Privy Council Office, which conducts a “rigorous vetting process” for would-be cabinet ministers, would not have stumbled upon the evidence. It’s much more likely, as discussed above, that Monsef’s mother chose to hide from the IRB what she hid from her daughters: that they were born in Iran.

Source: Maryam Monsef’s personal revelations leave lingering questions               

 

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About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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