Petition by Matthew Behrens of Perth, Ontario:
To: John McCallum, Minister of Immigration, Refugees and Citizenship Canada; Arif Virani, Parliamentary Secretary to Mr. McCallum; Jenny Kwan, NDP Critic for Immigration, Refugees and Citizenship
We are asking you to grant immediate Permanent Resident status to Dima Siam, a stateless Syrian Palestinian who lives in Ottawa with her husband and three children, all of whom are Canadian citizens.
Since January 29, 2015, Dima Siam, a teacher with university degrees in education and biology, has lived under the threat of deportation from Canada to Syria, the very war zone from which Canada has recently received 25,000 refugees. Amnesty International writes: “As a Syrian woman Dima Siam faces a wide range of serious human rights abuses in Syria,” adding, “anyone fleeing Syria should be considered in need of international protection.”
You can provide Dima Siam with that protection by exercising your discretion under Section 25.1 of the Immigration and Refugee Protection Act and granting her the same Permanent Resident status enjoyed by over 25,000 Syrians recently welcomed to Canada. You have shown compassion and common sense in resolving cases like Dima Siam’s that were left over from the previous government, and we trust you will do so once more upon considering the facts of this case.
Needless to say, the threat of deportation to Syria, where Dima Siam would be at risk from all sides of the conflict, ispsychological torture. It has resulted in depression, family stress – especially for the young children, who fear they too will be deported and who won’t stay in a room unless one of their parents is constantly with them – emergency room visits via ambulance, and a range of other afflictions due to a life of constant fear and uncertainty.
While a letter outlining the chronology of this case has been sent to your office, we wish to point out to you that Dima Siam finds herself in limbo because of a simple paperwork error, an honest misinterpretation of one checkbox on her sponsorship form, which was filled out by her husband, Mohammad. When Dima and Mohammad were called in to see an Immigration officer more than 20 MONTHS after it was submitted, they were informed their application could only proceed if they repaid a modest amount of social assistance that the family had received when the application was submitted.
Despite meeting the Immigration Officer’s requirement of paying back the social assistance, on January 29, 2015, Dima Siam’s sponsorship application was rejected, and she then received a letter with this ominous demand: “You are currently in Canada without status and you must leave immediately.”
Needless to say, they were devastated. How could Canada send anyone back to Syria based on a checkbox error?What’s worse, in February, 2015, the Canadian Border Services Agency (CBSA) called Dima Siam in to fill out a Pre-Removal Risk Assessment (PRRA), which the family took great pains to produce and submit. After waiting almost an additional stressful year for a decision (one in which the stress resulted in emergency room hospital visits), they were told the CBSA would NOT review the PRRA application because it was issued to the family in error. When the government makes a mistake that results in an additional year of excruciating limbo and thousands in expenses, the only ones who pay the price are Dima Siam and her family.
Canadian courts and tribunals have long recognized that there will be instances where the strict, inflexible application of the rules in an individual case would be unjust and harsh, and the case of Dima Siam is certainly one of them (see, for example, Hajariwala v M.E.I.,  F.C.J. No. 1021, where the Federal Court of Canada recognized “The purpose of the [immigration] statute is to permit immigration, not prevent it.” See also Baker v. MCI  S.C.J. No. 39, at para. 53-74, where the Supreme Court of Canada declared: “immigration officers are expected to make the decision that a reasonable person would make, with special consideration of humanitarian values such as keeping connections between family members and avoiding hardship by sending people to places where they no longer have connections.”)
While we are pleased to welcome 25,000 Syrian refuges to this country, we believe that Canada must also immediately end the limbo faced by Dima Siam and hundreds of other Syrian refugees facing deportation FROM Canada back TO Syria. They should be granted permanent resident status leading to citizenship so they can properly access health care, educational opportunities, and employment.
A positive first step will be the immediate resolution of the Dima Siam case, allowing her and her family to lift the weight of fear and terror that hangs over their heads with Canada’s threat to deport her to Syria based on an honest paperwork error.
We look forward to reading you have granted Dima Siam permanent residency and that your government will consider a similar solution for hundreds of other Syrians facing similar challenges.