Principles of InCanada Refugee Protection

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Principles of In-Canada Refugee Protection

• An Overview

Workshop on Protection and Durable Solutions San
Jose, Costa Rica, August 11-13 Dick Graham,
Director of Asylum Refugees Branch Citizenship
Immigration Canada
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Presentation Outline

• Legal Obligation
• Humanitarian Tradition
• Eligibility
• Protection and Public Safety
• Quasi-judicial and Non-adversarial Hearing
• Judicial Appeal
• Risk Upon Return
• Finality for claimant

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Legal Obligation

• Canadian asylum system is guided by the principle
  of non-refoulement (or non-return) of persons to
  countries where
• there is a well-founded fear of persecution (1951
  Refugee Convention and 1967 Protocol)
• there are substantial grounds for believing
  he/she will be tortured (Convention Against
  Torture)

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Humanitarian Tradition

• Refugee protection also based on Canadian values
  of compassion and humanitarianism
• For example
• Refugee Resettlement
• Resettling refugees from other countries
• International Involvement
• Mexico Plan of Action, UNHCR contributions,
  diplomatic efforts

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Eligibility

• Claimants are deemed ineligible if
• Claimant made a prior ineligible, withdrawn or
  abandoned claim
• Claimant recognized as Convention refugee by
  other country
• Claimant came to Canada from a country determined
  a Safe Third Country
• Claimant inadmissible on grounds of security,
  serious criminality or organized crime

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Protection and Public Safety

• Criminality
• Fingerprints database search (RCMP, Interpol)
• Serious criminality leads to ineligibility
• Security
• 10 year history (addresses, education, work,
  family background, etc.)
• Screened by Canadian Security Intelligence
  Service (CSIS)
• Refugee claim cannot be heard prior to security
  clearance

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Quasi-Judicial, non-Adversarial Hearing

• Immigration and Refugee Board (IRB)
• Independent, impartial decision-makers
• Emphasis on quality first-instance decision
• Two grounds for protection are considered
• Convention Refugee
• Person in need of protection (Danger of torture,
  risk to life or risk of cruel and unusual
  treatment or punishment)

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Judicial Appeal

• Leave to appeal at Federal Court must be granted
  by federal judge
• Appeal on process, not merits
• If decision is in favour of the appellant, the
  claim is referred back to IRB

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Risk Upon Return

• Pre-Removal Risk Assessment (PRRA)
• Most people who have been issued a removal order
  are entitled to apply for a Pre-Removal Risk
  Assessment (PRRA)
• Only new evidence may be submitted
• Successful applicants may apply for permanent
  residence, unsuccessful applicants are subject to
  removal

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Finality for Claimant

• Protected Person Status
• May apply for permanent resident status
• May apply for citizenship after 3 years
• Removal
• Failed claimant, in absence of a risk upon
  return, is subject to removal
• Pre-Removal Risk Assessment available to all

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Challenges

• Dealing with large flows
• Cost of system
• Levels of appeal
• Claimants without finality