Toronto, ON — Immigration lawyer Hana Marku is calling on the Federal Court of Canada to intervene after dozens of Palestinians were denied the opportunity to submit applications under a federal program designed to help them escape the ongoing Israel–Hamas conflict.
Marku, who is representing approximately 50 individuals trapped in Gaza, said none of her clients received the reference codes required to complete their visa applications — despite applying within a month of the program’s launch in January 2024.
“This is a matter of life and death,” Marku said. “These are people living under bombardment, including an infant so malnourished you can count her bones. Canada promised them a pathway to safety and then closed the door without explanation.”
Background: Canada’s Temporary Visa Program for Gaza
The program, announced by Immigration, Refugees and Citizenship Canada (IRCC) in January 2024, was intended to facilitate temporary visas for Palestinians with family in Canada. Applicants were instructed to submit initial documentation and await a reference code before finalizing applications.
However, according to Marku, no codes were ever issued to her clients. In March 2025 — more than a year later — they received an email stating that the program had reached its cap of 5,000 applications and was now closed, leaving them without recourse.
Legal Action and Humanitarian Appeal
Marku has filed a request with the Federal Court, arguing the government acted unfairly by failing to process or explain the status of the applications. She is seeking a court order directing IRCC to reopen and consider the submissions.
While IRCC maintains that it only had an obligation to process applications received before the cap was reached, Marku argues that her clients met the requirements and were entitled to a decision — or at minimum, an explanation of ineligibility.
Humanitarian Crisis in Gaza
The case comes as Canada publicly endorsed a UN-backed finding that famine is occurring in Gaza. Marku emphasized that the situation on the ground continues to deteriorate, with her clients facing daily risk of injury or death.
“We are asking the court not just for a legal ruling, but for urgent humanitarian consideration,” she said.
A family member of several of the applicants told The Canadian Press that he was forced to pay US$15,000 to smugglers to evacuate some relatives to Cairo, as Canada could not assist them.
Government Position
In a letter to the Federal Court, federal lawyers described the case as “futile and moot,” stating that “receiving unique codes cannot assist them with their situations in Gaza” now that the program has closed.
According to IRCC, as of July 29, 2025:
- 880 Palestinians have arrived in Canada under the program
- 1,775 have been approved but have yet to arrive
- 400 others have entered Canada through separate immigration pathways
Next Steps
The Federal Court has acknowledged Marku’s request but has not indicated whether an emergency hearing will be scheduled.