The Visa and Immigration Section in the Canadian Embassy
Refrained from according an entry visa to CTUWS general coordinator
Sequenced abstruse demeanors have been an object of queries
Center for Trade Union and Workers’ Services (CTUWS), Sunday, 27th June 2010: Being an object of queries, The Visa and Immigration Section in the Canadian Embassy in Cairo refrained from according an entry visa to Kamal Abbas- the general coordinator of CTUWS to participate at the International Trade Unions Confederation [ITUC] Second World Congress that has been held from Monday, June 21 to Friday, June 25, 2010 in the city of Vancouver, Canada.
Kamal Abbas had filed his application for a visitor’s visa to the Visa and Immigration Section in the Canadian Embassy in Egypt on Sunday, 30 May, 2010. The ITUC invitation was attached, as well as the other required documents which were including a confirmation of registration, the flight ticket, and the hotel reservation. The submitted application and documents were reviewed and received and he paid the processing fee and delivery charges for obtaining his visa.
As the CTUWS General Coordinator had to travel to France on Monday, 7th June [to participate-as international guest- in the CFDT Congress] he had told the Embassy’s officers that he should get his passport back on the Sunday 6th June, however, they answered that the process- generally- didn’t require more than two days, and most probably he would receive the passport as well as the visa the next day.
Nevertheless, sequenced abstruse demeanors have continued in the following days, in which, the CTUWS General Coordinator received a telephone-call-after two days- to be informed that additional documents are required. When those documents were prepared and submitted, another mandates were received to submit more documents. Thereupon; Kamal Abbas took back his passport on the sixth of June- provided that it would be re-delivered to the Canadian Visa section upon returning.
It is worthy mentioned that practical steps in response to the Commands and requirements of the Canadian Visa Section and successive visits to its premise are taking a lot of coolness and self- restraint, as no one can get into its “paradise” or talk-directly- to its officers- except in two cases only- firstly- when an applicant submits its application- initially- for visa; knowing that failure to have complete sheets and formats, which should be gotten and downloaded from the Section web-site will lead to preventing from stepping into the section’s premise by the security-men- who are realizing those formats by means of numbering and outline since they are unlearned English or French-. The second case-that is putting in a position to pass the closed doors is; when an applicant is arraigned for an appointment with the investigation officer. Other than, required documents should be deposited- with the security men- under the section’s control, while no room is made for inquiries or asking for explanations.
Anyhow, the CTUWS General Coordinator responded to the requirements of the Canadian Visa Section – in spite of its exaggeration. In reality; such documents had never been required before by any consulates and the matter extended beyond personal status to investigating the organization [CTUWS] affairs; as literal proofs were required to confirm its liveliness and activeness-especially- previous participation in international event, the thing which is unprecedented and unexampled, except- in some measure- those files which are prepared by the security bodies.
Although Kamal Abbas had repeated his passport as well as the recently required-documents on Monday, 14th June, and although Mr. Kamal Abu Eitta [the RETA Union president] who had submitted – initially, in that day- his application - for visa to attend the same event, attained his visa in the next day [Tuesday, 15th June], The Canadian Visa Section kept from giving the Canadian visitor’s visa, or even returning passport to Abbas all over the succeeding week.
Among this week the CTUWS didn’t pause sending emails to the Visa Section in the Canadian Embassy to inquire about the matter and point out of the insistence of receiving its reply at suited time to be possible for adopting favorable measures concerning flight ticket, nevertheless, no answer was received although the application documents had included this ticket whose date was Saturday, 19th June [morning].
In the following Thursday and Friday, 17, 18 June, Kamal Abbas contacted the Special Events Unit of Citizenship and Immigration Canada with his case [according to the agreement of Canadian Convention Services Program [Vancouver] and its granted permission to the ITUC event. He-also-entered his case on this unit’s web site which advising of listing his file as a mandatory required case and forwarding it to the Visa Section of the Canadian Embassy in Cairo. Moreover, the CTUWS invited the Political Affairs officer in the Canadian Embassy to intercessor or facilitate the communication with Visa Section to know its excuse and reasons of desisting from giving visa; even, from responding to correspondences.
In consequence of the above steps, the Visa Section-recently- sent an email on Sunday, 20th June to inform Kamal Abbas that the case was held by the officer to be investigated. Although the problem became very critical in the course of time, the CTUWS continued its seeking to settle it. In accordance it wrote to the Visa Section of Canadian Embassy to ask for information on its reply date to adjust the flight problem and putt of its date until the next Tuesday, 22nd June if it would be possible.
But the Canadian Section purposed to throw away any opportunity and went back to its silence, even. It didn’t response to Abbas’ massages which sent on Tuesday, 22nd June to seek for his passport’s recovery excluding the visa that became unavailing.
In that place, the CTUWS insisted in regained the passport... In response to its repeated emails and voice massages, the Visa Section of the Canadian Embassy sent an email on Wednesday, 23rd June. The massage which was good-natured- other than usual course of visa section massages- included very spectacular information. It advised of completing the case investigation and returning in the passport to Aramex Company on the previous Monday, 21st June through Aramex Company that forwards passports and visas by mail as soon as it receives them from the embassy.
As CTUWS didn’t stop its communications with Aramex Company- whereas the company was emphasizing every time that it hadn’t assumed this file- and it did it again to ask for clarification of the matter in shade of the Canadian Visa Section sent information, nevertheless, the Company assured its reporting. And as the matter- by virtue of this- is not concerning the visa, rather Abbas’ passport whose holding is denied by the Canadian Visa section and Aramex Company, the CTUWS gave notice to both of them that it can not but adopts all legal measures against them. Also, it warned the Embassy that it intended to organize a campaign to disclose its failure to meet international obligations and mysterious way of actions, call for transparency and distinct explanation in this regard, added to keep its General Coordinator’s rights.
Thereupon, and in an extraordinary and uncommon development, the Canadian Visa Section called the CTUWS General Coordinator on Thursday, 24th June [in the afternoon]. It modified its previous report, and advised him that his passport has been found in the Embassy, and he can come to collect it, nevertheless, and because of the week-end, Kamal Abbas couldn’t get his passport except on Sunday, 27th June, when he collected it as well as a notification signed by the Visa officer, and apprise of refusing his application for visa, as she assayed it and determined that it didn’t meet the requirements for a temporary resident visa.
These equivocal practices of the Canadian Embassy [Visa Section] that have been including unprecedented and unjustified requirements, intended postponement and throwing time away, fortification with the closed doors and quiet email-address to disavow from notifying of facts, desistance from conferring visa, and recently leaving off bringing the passport back; -all of them- raise suspicions of seeking to deter the CTUWS’ General Coordinator from participating in the ITUC Second Congress.
The CTUWS is stressing that it had tried- in the best way possible- to remain composed and consider distant from supposing that the Canadian Visa Section has been practicing in bad faith- in spite of the bragging and transcendence that are marking its practices, and which, are ascribed- usually- to be on the lookout of terrorism. Nevertheless, the course of those practices throughout three weeks- that were ending up in obstructing the CTUWS General Coordinator form participating in the massive international labour event- leaves no room for denial insincerity or shutting eyes on those practices’ motives which can’t be away from the executive organs or security bodies in the Egyptian government- especially- in shade of circumstances that have surrounded the CTUWS within the last three months and the attack-campaigns that have gone- up against it along with the ILC, 99th Session
As a point of fact, the Canadian Immigration and Refugee Protection Act, and the Provisions that regulate procedures in visa and immigration sections, which defer-considerably- from those in other countries’ embassies and consulates... makes them capable of acting upon the governmental bodies or answering their wishes. Those Canadian provisions state that “any person wishing to become a temporary resident of Canada must satisfy a visa officer that he/she is not inadmissible to Canada and meets the requirements of the act, which includes the requirement to establish to the satisfaction of the visa officer that the applicant will respect their condition of admission and will leave Canada by the end of the period authorized for his or her stay” , and in accordance with those provisions and regulations, the visa officer is given a wide-range discretionary power over applications, and on the strength of this charter, those officers who take the decision have the right to refuse the application for visa to Canada if the applicant fails to convince her/him that he/she has enough reasons to come back to his/her home-country and not staying in Canada!!.
Those wide-range powers- which are laid down- officially- and announced- clearly on the Canadian Citizenship and Immigration Web-Site, as a stipulated rule should be obeyed by applicants- are, regrettably, forwarding tacit insult to every applicant for Canadian visa who is being charged with seeking for illegal emigration until evidencing the contrary, and making the interviews that are performed by those visa officers- in many cases- rough offensive practices and human rights’ violations. But, more than this, They pave the way- practically- for acting upon the decisions of offering visas through counting the visa officers who are- mostly - Egyptians in our case, whereas it is very difficult to ignore the possibility of their subjection to the influences and pressures of the Egyptian executive bodies.
ِAs such, the visa officer-who alleged that she assayed CTUWS general coordinator’s application for the Canadian Visa- accounted for refusing it depending on the semi-absolute discretionary power- which has been given to her- as “she hasn’t been satisfied that he would leave Canada at the end of the temporary period if he was authorized to stay”
The Visa Officers’ withdrawing from human rights culture- which can be shown, by all means, out of their interviews with the applicants and the addressed questions which are on the verge of Inquisitions◄-doesn’t enable them to be satisfied that an outstanding civil society activist and courageous human rights defender has enough motives to come back to his home-country. Yet, there are a number of other reasonable grounds, supposed to be sufficient to establish the satisfaction of the visa officers [altogether] that Kamal Abbas will leave Canada by the end of the period authorized for his stay... such as follow:
■ His passport that had delivered to the visa section and been under its control for two weeks, as it can be realized- at first sight, not assaying for three weeks- that Kamal Abbas has obtained a visa to the U.S valid for five years and multi entries, and a Schengen visa to the EU countries-valid for two years and multi entries also-. While he traveled around 10 times throughout the last two years, and was authorized to stay more time in those countries, his stay period never extended more than five days.
■ Abbas has a family, and three daughters, two of them are students in Egyptian educational institutions while the third graduated from Egyptian University two years ago. She is engaged and prepares herself to marry an Egyptian man [in Egypt]. It is worthy mentioned that this information is included in the application that was filed to the Canadian Visa Section.
■ Kamal Abbas is satisfied and in accord with his work at CTUWS which is a marked non-governmental organization. The organization that celebrated its twentieth anniversary three months ago, that enjoys a high degree of credibility everywhere and particularly amongst the international labour and trade union organization…. The winner of the French Award for Human Rights in 1999 and the well-known organization whose battle- before two years- to regain its rights, and reopen its premises still is remembered amongst the Egyptian civil society, jurist activists and the international human rights institutions. And this man who is considered one of the main and leading founders of CTUWS; who extended more than third of his lifetime [55 years] to establish, build and develop this organization, afterwards, a visa officer hasn’t been satisfied that his ties to his country balanced against factors which might motive him to stay in Canada. The clear-sighted officer who had assayed Abbas’ file concluded that he may be prefer to stay in Canada- as an inadmissible immigrant and unemployment- than come back to his home country, organization, job, and activities.
It is worthy mentioned that this “expert” visa-officer had asked Abbas- in order to continue processing the application- to submit “evidence of the latest activities, or the conferences that had been attended..” … in spite of the ITUC invitation that was including registration in the conference, and hotel reservation, and submitted to the visa section initially, whereas it had been assayed by the officer!!.. An evidence of social insurance was required also to proof validation of the applicant job; nevertheless, the documents that submitted to the section didn’t meet the requirements that establish the satisfaction of visa officer.
Even, if we assume- for the sake of argument- that the reasons addressed by the visa officer are real and serious, and she wasn’t satisfied that Kamal Abbas will leave Canada at the end of the temporary period!!! And in accordance she completed her assessment of his application and determined that the application was refused.. Yet, why did the visa section [or officer] refrain from returning the passport to the CTUWS general coordinator?.. Why did the Visa Section advise Abbas- firstly- that the passport was delivered to Aramax company, and went back on its word after three days? Why were all of those emails and calls, added to the massages that were transmitted by intermediary-just- to require the passport?.. A droop, procrastination and disagreements of releases!! .. the matter seemed as if it was carrying out a decision had been taken before to prevent Abbas from his passport for six days - and strictly- tell the 25 of June [the date of the ITUC congress’ end].
The Center for Trade Union and Workers Services-CTUWS- while expresses its deep surprise and concern of those unjustifiable and unexplainable practices of the Immigration Section in the Canadian Embassy that were turned to deter it from participating in the ITUC Second Congress, it emphasizes its right, the right of its activists and presenters to participate in the International events without subjecting to provocations, security interventions and physiological abuse from any side. The CTUWS appeal to the democratic organizations and activists on both national and international levels to call upon the Canadian authorities to adopt the necessary measures to ensure that such practices will not repeat against the human rights activists and defenders, but to ensure the observance of human rights and dignity.
◄ The CTUWS has explored some cases’ testimonies s on those interviews and the questions that are addressed to the applicants and including direct psychological abuse