Lawyers are concerned that Quebec has withdrawn the right to be accompanied by a lawyer to immigration candidates summoned to a selection interview – they must now apply for it. The Ministry of Immigration, Francisation and Integration (MIFI) of Quebec ensures that these requests are accepted when necessary. But he has refused them all, so far.
Posted at 8:00 a.m.
Since December 2021, the Guide to Immigration Procedures provides that an immigration candidate summoned for an interview must request permission from the MIFI if he wishes to be assisted by a lawyer. “This request must contain convincing reasons justifying the presence of a lawyer”, specifies the Guide.
This new burden imposed on the candidate “is tantamount to denying him this right to representation by a lawyer and therefore constitutes a breach of the principle of procedural fairness,” argues the Barreau du Québec. The professional order says it is “concerned by this infringement” and asks that this section of the Guide “be reviewed and modified to restore the right to a lawyer”, indicates spokesperson Martine Meilleur. This right had been “planned and marked out” since 1984.
“It’s one thing to grant the right to a lawyer, but it’s quite another, it’s much more serious, than to see that we are withdrawing this position which has been by default for years”, laments Me Marc-André Séguin, who represents the Immigration and Citizenship Section of the Canadian Bar Association, Quebec Division (ABC-Québec).
According to Me Séguin, who has participated in more than a hundred of these interviews, the presence of a lawyer can facilitate this often complex process and avoid misunderstandings between the MIFI agent and the candidate. “But also, and these are things that I have experienced personally, there can be abuse of process on the part of an officer of the Ministry, and there it is up to the lawyer to intervene to demand that the procedures are respected,” he adds.
PHOTO MARTIN CHAMBERLAND, THE PRESS
Me Marc-André Séguin, of the Canadian Bar Association, Quebec Division
This is also what ABC-Quebec argues in a letter sent to MIFI in July, also signed by the Quebec Association of Immigration Lawyers (AQAADI).
The interview is “a decisive step for an immigration candidate, because it can have a major impact on his life, namely the impossibility of immigrating to Quebec,” the letter points out. For many candidates, settling in Quebec represents the project of a lifetime. »
“We do not understand the reasons that motivated this fundamental change in position of the MIFI” while “the ABC-Quebec, the AQAADI and the other associations of immigration lawyers were never consulted or even informed of these changes “, we continue.
In response, “the MIFI demanded from the ABC and [aux] co-signers […] to register in the register of lobbyists in order to be able to discuss with their representatives”, regrets Mr.e Seguin. “Many of our members are worried about the trend observed with the Ministry, we are worried about the fact that we feel less open to dialogue, we find it hard to understand how it is done,” he said.
The MIFI ensures for its part that “the presence of a lawyer during an immigration interview is always granted when necessary to respect the principle of procedural fairness”. However, he has never considered it necessary to date.
Since the entry into force of the new rules and until September 19, 505 people have been called for an interview, indicates the Ministry. Only five of them asked to be accompanied by a lawyer. “None of the five requests to authorize the presence of a lawyer during an interview was accepted,” admits spokesperson Gabriel Bélanger. Two of these candidates also saw their application for immigration rejected.