Essential worker Escario seeks to stay longer in Canada

Essential worker Escario seeks to stay longer in Canada

Files for temporary permit as he learns his fate on June 23

June 22, 2021

By Veronica Silva Cusi
The Philippine Reporter

Frontline worker Carlo Escario, who has a removal order but was granted reprieve due to COVID-19, is finding ways to stay in Canada. Kababayans have expanded their campaign for him to regain his permanent residency status.

Escario, 36, a former healthcare worker at the frontlines of the pandemic, was scheduled to be deported to the Philippines on May 13. However, a marathon campaign to allow him to stay longer to be able to receive his second dose of the COVID-19 vaccine was successful as he was allowed stay up to June 22.

In an interview with The Philippine Reporter, Escario said he has already received the second dose of the vaccine and thanked his supporters.

Asked what his plans are now, he said: “I’m planning to stay in Canada. That’s what we’re fighting for — asking for the [Immigration] Minister [Marco E. L.] Mendicino to grant my permanent residence back. I really want to stay here in Canada [on] humanitarian and compassionate grounds.”

Temporary Permit

On June 23, he has a pre-removal interview with the Canada Border Services Agency (CBSA), said his new lawyer, Amy Mayor.

Escario has filed an application in early June for a temporary resident permit (TRP).

“The TRP application is based on whether or not there are compelling reasons for him to remain in Canada despite the fact that he’s inadmissible and is subject to an exclusion order.” said Mayor.

A TRP is for those who would like to come or stay in Canada if they have been deemed inadmissible or do not otherwise meet the requirements of Canada’s immigration laws.

Escario is deemed inadmissible for misrepresentation for failing to declare his wife and child on his immigration applications. He eventually got permanent resident status in 2010, but this was revoked in 2019 when the misrepresentation was discovered.

“A TRP would allow Mr. Escario to remain in Canada temporarily. A TRP of longer than six months would allow him to apply for a work permit and to possibly return to his work as an essential frontline worker. It will also provide him with an opportunity to seek relief from his inadmissibility while remaining in Canada,” said Mayor, an immigration and refugee lawyer.

However, Mayor said that issuing a TRP is a discretionary decision. “It will be up to Immigration, Refugee and Citizenship Canada (IRCC) to decide if they will issue a permit and for how long they issue that permit for,” she said.

Mayor explained that someone deemed inadmissible due to misrepresentation cannot apply for permanent residency until after five years from the time the removal order has been enforced.

Mayor said there is merit in asking for the TRP because Escario has worked in the frontlines as a healthcare worker serving Canadians during the pandemic, has been in Canada for most of his adult life, and has accepted full responsibility for his misrepresentation.

“Considering this, the enforcement of the removal order and a five-year ban is a harsh consequence,” said Mayor.

Escario said he is hopeful of a positive outcome this month with the help of his supporters.

Coalition

His supporters are the same team, led by Monica De Vera and Karla Villanueva Danan, who organized an online campaign last May that allowed Escario to stay for his second dose. The friends have now forged a coalition with other kababayans, including Anakbayan Toronto, Migrante, Migrant Resource Centre Canada, and more.

“Karla and I saw the [newspaper] article [about his removal order last May], … and I was mad … because it’s not fair,” said De Vera.

“Karla and I both believe that Carlo was not being treated fairly. Yes, he made a mistake on his application; he should not have done that, but he’s owned up to it [and has been] on the front lines. He’s been saving people [during the pandemic]. The government sees Filipino workers as disposable; that’s not okay. He is good enough to put his life at risk but he’s not good enough to stay?”

De Vera said the #KeepCarloInCanada campaign is now focused on Escario staying permanently.

Together, the coalition came up with an action guide to campaign for Escario. The guide includes a press statement, social media paraphernalia, a letter addressed to Immigration Minister Mendicino, and support letters addressed to local politicians.

The open letter to Mendicino urges him to exercise his power to grant Escario to grant him PR status on H&C considerations under Section 25.1 of the Immigration and Refugee Protection Act.

It also highlighted the contributions of Filipinos in the healthcare industry, especially at a time when June is Philippine Heritage Month.

In the May campaign when Escario asked to stay to get his second dose, he got the support of immigration critics and migrants rights advocates at all levels of government. These include NDP Leader Jagmeet Singh, NDP B.C. Vancouver East MP and immigration critic Jenney Kwan and NDP Scarborough Southwest MPP Doly Begum.

The online petition has garnered almost 50,000 signatures, making it close to one of the top campaigns on Change.org.
Carlo’s cousins, Anna Ramirez and Andrea Lacson, are helping raise funds for his legal fees through a Go Fund Me page. As of press time (June 22), the amount raised has surpassed its goal of $1,000.

Ramirez said that with Escario not legally allowed to work in Canada, and because he’s all alone in Canada – with no parents or siblings — he needs these funds.

Migrant rights

Rosie Lucente, chairperson of Anakbayan Toronto, said they became involved shortly after De Vera and Danan started the campaign in May. As a member of the coalition, they helped work on the action guide that community members can adapt to amplify the campaign. Anakbayan is also reaching out to individuals and groups with whom they are in solidarity.

“We know this is an issue not just for the Filipino community but also other migrant communities,” said Lucente. “Anakbayan Toronto — as a comprehensive youth and student Filipino organization … we advocate for protecting the rights and welfare of migrants especially mga kababayan natin na migranteng manggagawa (our fellow Filipino migrant workers).”

Migrant issues are not something that Anakbayan will stay silent about, she said.

“Anakbayan recognizes the root causes of migration, and we demand these root causes be addressed as well. We know that it’s not just a coincidence that so many Filipinos go abroad. It’s because of a lack of opportunities there [in the Philippines] and even escaping political turmoil. We hold the Philippine government accountable for continuing to export our kababayan instead of addressing the national issues back home,” she said.

De Vera said regardless of the outcome of Escario’s interview with the CBSA, “we’ve already won as a community because we all came together to do what we can do. … We’ve stood up to power, and we’ve shown them that if you come for one of us, you’re going to come for all of us and we’re not going to stop fighting.”

“I was surprised of this amount of people who love and support me since the beginning — yung unang request ko pa sa kanila (my frist request) to get my second shot of vaccine,” said Escario. “And now this keeps going and continuing and expanded more. I was surprised and then with that, nagpapasalamat ako sa kanila (I’m thankful to them).”