Staff warned immigration minister about setting 'significant precedent' with Ukraine visa program

Federal immigration officials warned the government it risked undermining the temporary immigration system with the design of the emergency visa program for war-displaced Ukrainians, newly released court documents show.

Immigration Department staff raised the concern in a memo to Sean Fraser, immigration minister at the time, shortly after the program was announced.

The memos outline the design of the Ukraine visa program, which allowed an unlimited number of Ukrainians and their family members to come to Canada to wait out the war.

The policy also waived the requirement for fleeing Ukrainians to promise to leave when their visa expires, against the advice of department staff.

«Waiving the need for a client to establish temporary intent would set a significant precedent that is not recommended, given that it would undermine a foundational component of the (temporary resident) legal framework,» staff said in the memo to Fraser, which was signed March 14, 2022.

Staff cautioned that waiving the requirement — the foundation of the temporary resident program — would set an «expectation that it could be done for other populations, not only those affected by conflict.»

The documents were disclosed as part of a proposed lawsuit against the federal government by three Afghan Canadians, who allege Canada discriminated against Afghan refugees by treating them differently than it did Ukrainians fleeing the Russian invasion.

The lawsuit hasn't yet been certified by the court.

«The government knew that what they were doing was unfair,» said Nicholas Pope, one of the lawyers representing the Afghan Canadians.

«That's just what we're arguing in this case. That it's unfair, it's discriminatory, and there's not a good reason why protections