reference to alleviate and avoid such separation, the Convention on the Rights of the Child also
requires that “... applications by a child or his or her parents to enter or leave a State Party for the
purpose of family reunification shall be dealt with by States Parties in a positive, humane and
expeditious manner.”543
IV.
Recommendations
27) Citizenship and Immigration Canada should provide statistics on the number of stateless
persons who have applied and been accepted into all economic and non-economic
immigrant programs over the last 5 years and what status they acquired upon acceptance
(temporary resident status, permanent resident status, etc.).
28) Citizenship and Immigration Canada should provide statistics on the number of stateless
persons who have applied and been granted citizenship under the following legal avenues:
• A stateless child born abroad to a Canadian parent born abroad
• A discretionary grant of citizenship by the Minister
• An eligible permanent resident
29) Citizenship and Immigration Canada should make publically available its policy
manual/guidelines on the factors and application procedure for discretionary grants of
citizenship under section 5(4) of the Citizenship Act.
30) Reiterating Andrew Brouwer’s recommendations in Statelessness in the Canadian Context:
a. Section 5(4) of the Citizenship Act should be amended to include statelessness as a
“special and unusual hardship” factor that warrants a discretionary grant of
citizenship to a person who may not fulfill all of the usual criteria.
b. The Minister should use the authority of ss. 25.2(1) of the IRPA to establish
“protection of stateless persons” as a public policy category for permanent resident
status in cases processed both in Canada and overseas, where such stateless persons
otherwise lack effective protection. Alternatively, at a very minimum, statelessness
should be included as a persuasive factor in processing H&C applications from inside
and outside Canada, as well as with respect to applications from former citizens.
Establishment requirements should be explicitly minimized or waived, in view of the
hardships faced by stateless persons.
c. Include statelessness as a ground for resettlement to Canada, where the stateless
person lacks effective protection and access to a durable solution within a reasonable
time.
d. Statistics on whether or not statelessness was considered as a positive factor in H&C
cases, including disaggregated data on the country of former habitual residence, age
and gender.
543
113
Ibid., at Art. 10(1).
113
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