Toronto Star

China dissidents face hurdles getting visas

Ottawa promised to ignore records from Hong Kong protests

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

It wasn’t an inherently risky choice — he just heeded calls on social media to attend a public gathering to mark a student’s death at the height of anti-government protests.

However, it was a decision that may have wrecked his future in Canada.

Clad in all black, he ventured out to join the event but as soon as he and four friends got off the bus in Hong Kong’s Central District, police stopped them. Authoritie­s found a laser pointer in his backpack and charged him in 2019 with possession of a weapon with the intent to assault.

After serving seven months in a youth rehab centre in Lantau Island, the 20-year-old was released last June and planned to start his undergradu­ate study in Toronto, where he finished high school as an internatio­nal student.

However, more than five months since he applied for a student visa and submitted thousands of pages of translated legal documents, the Hong Konger is still waiting for a decision from the Canadian visa post in the former British colony, now part of China.

Pro-democracy advocates in Canada say they have started to see visa-seekers from Hong Kong whose applicatio­ns — a first step to access asylum in this country — have been stalled or refused, despite Ottawa’s public commitment to ease their passage here in light of the alarming human-rights situation there.

“These youngsters have been charged and imprisoned for wearing a mask or carrying laser pointers during demonstrat­ions … arrested and convicted with trumped-up charges. To us, they’re political prisoners,” said Winnie Ng, chair of the Toronto Associatio­n for Democracy in China.

“The Canadian government had stated quite clearly that protest is a right and that conviction­s of these offences will not be a ground for inadmissib­ility to Canada.”

In 2020, after a new national security law took effect in Hong Kong, Ottawa announced a string of new initiative­s to welcome students and youth to “quickly” come to Canada on work and study permits as well as introduced new pathways for them to stay here permanentl­y.

Marco Mendicino, then Canada’s immigratio­n minister, expressed deep concerns about the imposition of the new law in Hong Kong, which critics say has reduced judicial autonomy and restricted freedoms for dissent.

“Taking part in peaceful protests is not considered an offence in Canada. As such, arrests or conviction­s outside of Canada for taking part in peaceful protests are not grounds for inadmissib­ility to Canada,” Mendicino told a parliament­ary committee meeting then. “No one will be disqualifi­ed from making a legitimate asylum claim in Canada by virtue alone of having been charged under the new national security law, and neither will they be hindered in any way from availing themselves under any other immigratio­n route.”

Calling himself a supporter for “peace, reason and non-violence,” the young man who was found guilty of possession of a weapon by carrying the laser pen said he is disappoint­ed that Canada hasn’t followed through its commitment.

“We have translated all the legal documents into English and explained to the visa officers the circumstan­ces of the arrest and conviction,” said the man.

“We were told to bring a torch light or laser point to commemorat­e the death of a protester who died two days earlier. And police called the laser pointer a weapon. But there was no confrontat­ion or violence.”

According to the immigratio­n department, at least 10 Hong Kong residents have been refused a visa on criminal grounds to date under the special measures — but many have successful­ly taken advantage of those initiative­s for a shot to settle in Canada.

By the end of last year, 668 Hong Kong nationals who have studied or worked in Canada had been granted permanent residence, 7,950 others issued a three-year open work permits and 7,786 visitors, students and work-permit holders had their temporary status extended. However, it’s the applicatio­ns that are stalled or refused on “protest-related” criminalit­y that advocates are concerned about.

Data collected by Toronto Associatio­n for Democracy in China showed Hong Kong police charged 2,605 people in the 2019 pro-democracy protest movement. The top charges were rioting, conspiracy with the intent to cause riot, face covering, unlawful assembly and possession of offensive weapons.

One of those arrested and convicted of facial covering was Ken, a 23year-old university graduate, who took part in a protest against police violence in late 2019. He was acquitted of one count of rioting but was sentenced to a two-month jail term for violating the anti-mask law.

He said he wore the gas mask for self-protection because police had previously used tear gas and pepper spray on protesters. As a result of the prosecutio­n, he said he and his family became targets of cyberbully­ing and he was shunned by potential employers for his associatio­n with the political movement.

“I didn’t see a future for myself in Hong Kong. We were harassed online and I didn’t feel safe there. I just wanted to start a new chapter in life,” said Ken, who fled Hong Kong to an undisclose­d country after his applicatio­n to travel to Canada was recently refused.

“How can you seek political asylum in Canada if you can’t even get into the country? I understand Canadian officials need to feel safe about someone coming to their country and they do need to screen out criminals. I’m just disappoint­ed that they don’t take a more lenient, humanitari­an approach in handling our cases.”

Toronto immigratio­n lawyer Barbara Jackman said immigratio­n officials can deem someone criminally inadmissib­le if they assess and find Canadian equivalenc­y of the offences. However, an officer also has the discretion to look to the facts behind the case.

“It all depends on how they’re going to look at them in terms of whether China has overreacte­d and is actually prosecutin­g lawful dissent and protest,” said Jackman, who is involved in both the young Hong Kongers’ cases.

 ?? ANTHONY KWAN GETTY IMAGES ?? Pro-democracy advocates in Canada say they have started to see delays or refusals of visa-seekers from Hong Kong, despite Ottawa’s public commitment to ease their passage here in light of the alarming human-rights situation there.
ANTHONY KWAN GETTY IMAGES Pro-democracy advocates in Canada say they have started to see delays or refusals of visa-seekers from Hong Kong, despite Ottawa’s public commitment to ease their passage here in light of the alarming human-rights situation there.

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