This article was originally published by Sing Tao on September 20, 2025.
Daniel Kingwell, an immigration lawyer in Toronto, was interviewed for his expert legal analysis after rumours circulated that Canada’s Hong Kong Lifeboat Plan (Hong Kong Pathway) would be shut down ahead of its August 31, 2026 deadline. While federal MP Gengli “Kathy” Ho confirmed the rumours were false, Sing Tao asked Kingwell whether IRCC has the legal authority to end such programmes prematurely.
“Because the ‘lifeboat plan’ is a public policy project and not enshrined in the Immigration and Refugee Protection Act (IRPA), the immigration department has considerable discretion in opening or ending that plan,” Kingwell explained. “Although in law the concept of ‘legitimate expectation’ exists, that principle only applies at the procedural level and does not grant applicants any substantive rights in relation to a public policy programme.”
The article addressed concerns within the Hong Kong community in Canada following claims by key opinion leaders that the programme’s deadline would be moved from August 31, 2026 to October 3, 2025. Kingwell’s analysis provided crucial context about the legal framework governing public policy immigration programmes and the government’s discretionary powers.
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