PART III PERMANENT IMMIGRATION PROGRAMS 316 Letter of Aug. '93 from psychiatrist from Ont. REVIEW QUESTION Govm't. Says PC had post-partum psychosis and had a Considering the questions on the Supplementary In- brief episode of psychosis in Jam. when was 25 yrs. old. formation form (IMM 5283), discuss examples of the Is now an out-patient and is doing relatively well- following H&C factors and how they might support an deportation would be an extremely stressful experience. application. Lawyer says PS [sic] is sole caregiver and single . "Suffer unusual and undeserved or dispropor parent of two Cdn born children. Pc's mental condition would suffer a setback if she is deported etc. tionate hardship" This case is a catastrophy [sic]. It is also an indict- . "Exemptions from grounds of inadmissibility" ment of our "system" that the client came as a visitor in . "Family and other relationships" Aug. '81, was not ordered deported until Dec. '92 and . "The best interests of a child" in APRIL '94 IS STILL HERE! . "Factors demonstrating that the applicant is The PC is a paranoid schizophrenic and on welfare. She has no qualifications other than as a domestic. She established in Canada" has FOUR CHILDREN IN JAMAICA AND ANOTHER FOUR "Factors indicating that the applicant has failed to BORN HERE. She will, of course, be a tremendous strain demonstrate he is established in Canada" on our social welfare systems for (probably) the rest of her life. There are no H&C factors other than her FOUR CASE STUDY CANADIAN-BORN CHILDREN. Do we let her stay be- cause of that? I am of the opinion that Canada can no A Jamaican woman applied for permanent residence on longer afford this type of generosity. However, because "humanitarian and compassionate considerations" in of the circumstances involved, there is a potential for 1993. The following is a summary of the notes made by adverse publicity. I recommend refusal but you may an officer and forwarded to his supervisor in considering wish to clear this with someone at Region. the application of the person concerned (PC): There is also a potential for violence-see charge of "assault with a weapon" PC is unemployed-on Welfare. No income shown-no assets. Has four Cdn.-born children-four other chil- [Capitalization and punctuation in original.] dren in Jamaica-HAS A TOTAL OF EIGHT CHILDREN Says only two children are in her "direct custody". 1. Write an objective summary of the facts of this (No info on who has ghe [sic] other two). case. There is nothing for her in Jamaica-hasn't been there in a long time-no longer close to her children 2. In light of the facts, discuss the grounds for there-no jobs there-she has no skills other than as considering the H&C application. a domestic-children would suffer-can't take them 3. Does the officer appear to consider the relevant with her and can't leave them with anyone here. Says factors? Explain. has suffered from a mental disorder since'81-is now an outpatient and is improving. If sent back will have 4. Do the officer's notes raise any red flags for you? a relapse. Explain. Letter from Children's Aid-they say PC has been diagnosed as a paranoid schizophrenic-children would suffer if returned-Chapter 10 Citizenship 359 KEY TERMS citizenship judges, 326 jus soli, 334 foreign national, 322 stateless person, 322 multiple citizenships, 333 jus sanguinis, 334 naturalization, 320 REVIEW QUESTIONS EXERCISE 1. List the four basic methods by which a person may become a Canadian citizen. Grant, a citizen of Germany, came to Canada on Septem- ber 1, 2012 on a study permit for post-secondary studies, 2. List and describe the requirements that must be then applied for a postgraduate work permit. He met satisfied for a person to become a citizen of and married his classmate, Faye, on September 1, 2014. Canada through the process of naturalization. He applied for permanent resident status from within Canada and received that status on September 1, 2015. 3. List and describe the reasons why a person may What is the first date that Grant can apply for Cana- lose Canadian citizenship. dian citizenship? Show your calculations. 4. What are the functions of a citizenship judge? 5. In what situation will time spent in Canada not be counted toward satisfying the residency requirement for citizenship? CASE STUDY Vijay, who is originally from India, is a 62-year-old man who has been a permanent resident of Canada for nine years. He had never thought about naturalization until recently. Now, he is considering some of the advantages and disadvantages of Canadian citizenship. 1. What are the advantages or disadvantages of the process of renewing his permanent resident (PR) card compared with the process of getting Canadian citizenship? 2. Does Vijay have to give up his Indian citizenship to become a Canadian citizen? Why or why not? 3. Vijay would like to volunteer for a candidate in the upcoming municipal election and is thinking about a possible future run for a councillor's seat. As a permanent resident, how could Vijay become involved in politics? 4. If Vijay, as a permanent resident, has been charged or convicted of a serious crime, will he auto- matically be deported? How would this affect his application for citizenship