As the legal community continues to debate whether Bill C-49 is constitutional, the Supreme Court of Canada has indirectly touched upon the issue in Németh v. Canada, a decision about whether a refugee can be extradited to his/her country of origin to face charges. The answer is yes.
Refugee Acceptance Rates and Designated Countries of Origin
The CBC has compiled Canada’s refugee acceptance rate for 2006-2009. The information helps ascertain which countries will likely be designated as safe countries.
The Bill C-11 Changes – What is Now in Effect
On June 29, 2010, Bill C-11, the Balanced Refugee Reform Act, received Royal Assent. This Bill provided the most significant changes to Canada’s refugee law in several years. Getting it through Parliament proved to be extremely contentious, and it took a last minute deal between the Conservatives, the NDP, and the Bloc to pass it. It is now law, though many of its provisions have yet to take effect. The Bill introduced significant changes to Canada’s refugee system, including: Replacing the 28 days to prepare a Personal Information Form with an information-gathering interview which will occur no sooner than 15 days after a claim has been made; Reducing the wait for a hearing from approximately 18 months after arrival to 90 days after the informational interview for most claimants; Allowing the government to designate certain countries of origin. Whether a country is designated or not will depend on the approval rate of refugee applications from that country. If a claimant comes from a designated country, than their hearing will occur 60 days after the informational interview; Creating a Refugee Appeal Division. Decisions on appeals will be held within 120 days of the original decision unless a hearing is held. Decisions … Read More
Canada Sharing Biometric Data
Citizenship and Immigration Canada has released Operational Bulletin 226, which discusses the sharing of biometric information further to the Five Country Conference (FCC) High Value Data Sharing Protocol. The FCC (Canada, the United States, the United Kingdom, Australia, and New Zealand) meets annually at the Deputy Minister level to discuss ways to improve immigration. In 2007, Canada, the US, the UK, and Australia (New Zealand was not yet a member) to committed to work towards the systemic exchange of biometric data for immigration purposes.
Biometric sharing has now commenced.
Visa Office Referrals and Joint Assistance Sponsorships for Refugees
Citizenship and Immigration Canada has released Operational Bulletin 228 – Visa Office Referred and Joint Assistant Sponsorships (JAS) for Refugees – New Templates and Instructions. This bulletin is somewhat timely given the recent media furor regarding Canada’s “failed” refugee system. It highlights that there are alternatives to becoming a refugee in Canada beyond showing up and declaring an intention to seek asylum. Indeed, the number of refugees who arrive in Canada through specific programs exceeds those who declare that they are refugees from within Canada. In 2009, 7,202 people became refugees by declaring upon arrival in Canada that they were asylum seekers. 7,425 arrived as government-assisted refugees. 5,036 people arrive as privately sponsored refugees. The Operational Bulletin highlights two programs designed to combined private sponsorship with government assistance. They are the Visa Office Referrals program and the Joint Assistance Sponsorship program. Visa Office Referrals (VOR) In the VOR program, visa offices identify refugees from their inventory for private sponsorship. Such a case is initiated either by the visa office or by the sponsoring group. According to the Bulletin, the program ensures that selected refugees who are ready to travel can proceed to Canada as quickly. The most appropriate cases for … Read More
Singh v. Canada: The Charter Applies to Refugee Claimants
Singh v. Minister of Employment and Immigration) [1985] 1 SCR 177 was a 1985 Supreme Court of Canada decision that is to this day arguably the most significant decision that Canada’s Supreme Court has made in the area of Canadian immigration and refugee law. The Facts The Appellants were a mixture of Sikh and Guyanese individuals who sought refugee status in Canada during the late 1970s and early 1980s. At the time, the Immigration and Refugee Board did not yet exist. Rather, asylum claimants submitted refugee claims directly to Canada’s immigration department, who would determine whether someone was a refugee based on advice received from the Refugee Status Advisory Committee. If the claimant was unsuccessful, they could appeal to the Immigration Appeal Board. Both the initial claim and the appeal were based on written submissions, and at the initial petition for asylum a claimant would also be questioned under oath by an immigration officer. Applicants were not allowed to make oral appeals. Nor could they respond to arguments made against them by the Refugee Status Advisory Committee. The Appellants in Singh argued that the lack of a hearing violated Canada’s Charter of Rights and Freedoms. The Supreme Court’s Decision The Supreme Court of … Read More
Canadian Refugee Board Member Offered Visa for Sex
The Toronto Star is reporting that Steve Ellis, a former Immigration and Refugee Board member, has been sentenced to 18 months in jail. He was found guilty of breach of trust and bribery after being caught on videotape trying to pressure a Korean refugee claimant into having sex in return for a favorable decision.