CHANGES IN CANADA’S REFUGEE LAW Supported by

1. FCJ Refugee Centre 208 Oakwood Ave. Toronto ON Tel 416 4699754 CHANGES IN CANADA’S REFUGEE LAW Supported by

2. Pace and Scope of Change Period of unprecedented change in federal immigration policies Changes affect all aspects of immigration Changes also affect roles and ministerial powers

4. REFUGEE HEALTH CUTS • The services cuts will also affect the children of refugees, even those who suffer from asthma or other chronic illnesses. Their families will be unable to access medication unless they can afford the out-of-pocket expenses.

5. Expanded Health-Care Coverage • People covered include: • Individuals who are or were receiving income support through the Resettlement Assistance Program (RAP) or its equivalent in Quebec, including: • Government-Assisted Refugees (GARs); • Certain Visa-Office Referred Refugees (VORs); • Joint Assistance Sponsorship Program Refugees (JASP); and • Certain people who are being resettled in Canada as a result of a public policy or humanitarian and compassionate considerations on the Minister’s own initiative. • No changes • g

11. New refugee process Main Provisions • Refugee Protection Division (RPD) will have public servant decision-makers; • Refugee Appeal Division (RAD) will have Governor-in-Council (GIC) • Some IRB decisions will remain subject to judicial review at the Federal Court

12. Bill C-31: Protecting Canada’s Immigration System Act Major Changes • 3 categories of refugee claimants: - Regular claims - Designated Country of Origin (DCO) list - Designated group arrivals • A right of appeal (for some) • Rapid claim process • Rapid removal of failed claim • No Humanitarian Alternative

13. Regular Refugee Claimants: 216 Days • Refugee claim: no changes • Basis of Claim Document • POE submitted 15 days from claim referral to IRB • Inland Claim Basis of Claim doc submitted at the CBSA interview • IRB refugee hearing: 60 days • Appeal to Refugee Appeal Division: 15 working days (21 days) • Judicial Review to Federal Court: 45 days • the 1 year rule after IRB negative decision: • for Humanitarian & Compassioned application • For Pre-Removal Risk Assessment consideration • Assisted Volunteer Return Program

14. Designated Country of Origin (DCO): 60 days • Designated Country of Origin List: • By ministerial authority • Review based on rejection rates (75%) on withdrawal and abandonment rates (60%), and on number of refugee claimants from a countries (30 claimants or more) • The problem: “Safe for some, not for others” • Probable 70 countries will be listed as DCOs (e.g. Hungary, Czech Republic, Mexico)

15. DCO continued • IRB Hearing: • in 30 days for inland claim; • in 45 days for Port of Entry (PoE) • No appeals • No stay of removal for judicial review

16. Designated Irregular arrivals • Irregular arrivals: • the group designated by the Public Safety Minister • Establishing identity, • investigations and/or human smuggling • cannot process group in timely manner, • arrival associated with criminal activity • Mandatory detention for 14 days. • first detention review at 14 days; then every 6 months. Minor younger than l6 years will be exempted. • Children under 16 exempted but may stay in detention • Designation of irregular arrivals is retroactive to March 31, 2009 • Broad ministerial discretion • Group not defined • Mode of entry not specified • Vague terminology

17. Consequences of designation... • Refugee claim will be decided in detention * Difficult to prove refugee claims in prison * Access to counsel, interpreter, evidence * Vulnerable claimant witnesses • No appeal for failed claimants • Removal from prison Successful claimants cannot: • Apply for 5 years for permanent residence, family reunification and travel documents • Marginalization • Retroactive to March 31, 2009

18. No access to RAD for many types of claimants • Persons from a DCO • Claimants declared by the first-level IRB decision to have “manifestly unfounded claims” or “no credible basis” • Persons who claimed asylum at the Canada-U.S border • Persons who have had their refugee status removed at a vacation or cessation hearing • Claimants who arrive as part of a designated irregular arrival (e.g. a human smuggling event) • Decisions resulting in loss of protected status (i.e. cessation or vacation of protected status) • Claimants whose claims were referred to the IRB prior to the coming into force of the new system

19. Loss of permanent residence • Permanent residence can now be lost • Applies to all convention refugees (unless citizens) • Grounds for losing permanent residence - Fraud, criminality, (current law) - re-acquire or re-avail nationality (C-31) • Retroactive application Loss of P. R. Process: • Minister application to IRB • If application granted: immediately removable and no appeal • Government justification • Citizenship as solution

20. Refugees Selected Abroad • Government messaging implies those seeking asylum in Canada are less worthy. This harms all refugees and claimants “queue jumpers” “bogus refugees”

21. Refugees selected abroad • Elimination of source country program Privately Sponsored Refugees • Cap on new applications by Sponsorship Agreement Holders • “Group of five” and community sponsor limited to refugees recognized by UNHCR or by a state

22. Citizenship Changes Implemented • Harder exam and 75% passing grade • No automatic citizenship for foreign-born children of Canadians. • Requirement to uncover face during ceremony Changes proposed • Proof of language capacity required with application • No automatic citizenship for all born in Canada

23. Citizenship • No evidence of need for these changes • Fewer people will become citizens – unable to vote and fear deportation • Requirement to remove face covering may disadvantage certain cultures or create impression that Canada is not accommodating of differences

24. Emphasis on Enforcement • Government is increasing emphasis on enforcement (“crackdowns”) as part of the law and order agenda. This affects: • Refugee claimants • Sponsored spouses • Citizenship applicants • Human smugglers • Immigration consultants

25. Emphasis on Enforcement Recent Examples: • Active removal of failed refugee claimants • Citizenship fraud tip line • “Crack down on crooked” consultants and regulatory council • Border agreement with US • Enforcement of employers on paper only • Harsh treatment of “irregular arrivals” even if bona fide refugees

26. Emphasis on enforcement • Lack of evidence to warrant some enforcement measures • Broad brush rather than targeted approach to enforcement • There are other areas that cry out for enforcement to protect vulnerable persons, such as agricultural workers, live-in care givers, low skilled temporary foreign workers

27. Emphasis on enforcement • Public will support immigration if legislation is followed, people do not abuse the system, and the system is fair • By imposing punitive measures, Canada may be losing the “delicate balance” • Negative messaging may result in loss of public support for immigration

28. Redefining Roles & Relationships Ministerial power and role of Parliament • Increased power to Minister and a move away from traditional democratic processes

29. Changes made by Ministerial Instruction in past 4 years.

30. Proposed changes to expand use of Ministerial Instruction

31. REFUGEE HEALTH CUTS • Implementation of IFHP Reform The order-in-council entitled Order Respecting the Interim Federal Health Program, 2012 comes into force on June 30, 2012, and will apply to both current and future IFHP beneficiaries.

32. REFUGEE HEALTH CUTS • The services cuts will also affect the children of refugees, even those who suffer from asthma or other chronic illnesses. Their families will be unable to access medication unless they can afford the out-of-pocket expenses.

33. Expanded Health-Care Coverage • People covered include: • Individuals who are or were receiving income support through the Resettlement Assistance Program (RAP) or its equivalent in Quebec, including: • Government-Assisted Refugees (GARs); • Certain Visa-Office Referred Refugees (VORs); • Joint Assistance Sponsorship Program Refugees (JASP); and • Certain people who are being resettled in Canada as a result of a public policy or humanitarian and compassionate considerations on the Minister’s own initiative. • No changes • g

39. Conclusion • Fast decisions/fast removals • No employment/no money • Lack of legal aid • More incorrect negative decisions • More claimants going underground or seeking sanctuary • Fewer claimants in long-term limbo • Fewer humanitarian solutions • Potential system breakdown • Institutional alienation and loss of public support