A lawsuit has been filed in the Federal Court of Canada on behalf of 53 Palestinians residing in the Gaza Strip, all of whom have family members living in Canada. The legal action targets the Canadian government's special visa program for Palestinians, launched on January 9, 2024, which aims to facilitate the relocation of extended family members from Gaza to Canada. Plaintiffs claim the program suffers from significant inefficiencies, leaving them trapped in a state of uncertainty and distress.
Toronto-based lawyer Hana Marku represents the plaintiffs, who submitted their applications expressing interest in the visa program within the first month of its inception. However, none of these applicants have received the crucial unique reference codes needed to advance in the process. Despite the Canadian government having accepted 4,873 Gaza visa applications by January 28, only 645 individuals have successfully arrived in Canada. The program is set to close when it reaches 5,000 applications or by April 22, whichever comes first.
“Leaving people in limbo, I think, is almost worse than flat-out refusing them,” said Marku, highlighting the emotional and procedural limbo faced by applicants.
The lawsuit seeks a court order compelling the federal government to provide the pending reference codes to all applicants. The Canadian government now has a 30-day window from when the lawsuit was filed on February 6 to respond. The Federal Court has the ability to expedite its decision-making process given the urgency of the situation.
The Gaza-based relatives of these applicants are exposed to "life-threatening and inhumane conditions" due to ongoing conflicts in the region. For the past 15 months, Israeli military actions have targeted cities, neighborhoods, and refugee camps within Gaza. This violence has resulted in a confirmed death toll of 48,319 Palestinians, although estimates from Gaza's Government Media Office suggest the number could be as high as 61,709.
“Movement out of Gaza remains extremely challenging due to factors outside of Canada’s control. This continues to be the primary issue in how quickly we can process applications from Gazans,” an IRCC spokesperson stated, acknowledging external difficulties impacting the process.
Applicants and their Canadian family members express frustration over the lack of clarity and perceived inefficiency within the visa program. Relatives in Canada describe their distress and helplessness as they attempt to navigate a complex system with little guidance.
“They’re not serious about the process,” remarked one relative in Canada.
“You have to figure out things on your own, it doesn’t make any sense,” echoed another, underscoring the confusion experienced by those involved.
For many involved, the stakes are intensely personal. Canadian sponsors had hoped their financial commitments would facilitate a pathway for their loved ones' safe exit from Gaza. Instead, they find themselves ensnared in a bureaucratic maze.
“It’s emotional torture for the Canadian family members who put in a financial undertaking in the belief that this would create the chance of getting their loved ones out of Gaza,” Marku noted.
