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Principles of In-Canada Refugee Protection

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. Presentation Outline. Legal Obligation Humanitarian Tradition

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Principles of In-Canada Refugee Protection

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  1. 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

  2. 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

  3. 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)

  4. 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

  5. Eligibility Claimants are deemed ineligible if: • Claimant made a prior ineligible, withdrawn or abandoned claim • Claimant recognized as Convention refugee by other country • Claimant came to Canada from a country determined a Safe Third Country •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

  6. 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

  7. 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)

  8. 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

  9. 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

  10. 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

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

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