Limiting Access to Refugee Protection in Canada

"The Canadian government has introduced a bill in Parliament which expands the basis upon which people seeking refuge can be denied access to a hearing of their claim. This proposal has been widely condemned by refugee advocates as putting at risk refugees who need Canada’s protection, simply because they have been entered into another country’s refugee determination system.


Understanding the motivation behind the proposed changes requires a brief understanding of the history of the Refugee Protection Division of the Immigration and Refugee Board, Canada’s refugee decision making tribunal.


The Refugee Protection Division (RPD) of the Immigration and Refugee Board is a quasi-judicial tribunal which determines whether claimants meet the definition of a Convention refugee or face risks described in the Convention against Torture. It consists of quasi-judicial decision makers who conduct hearings which guarantee procedural rights to claimants such as the right to counsel, opportunities to produce evidence and call witnesses, and rights of appeal against negative decisions.


The RPD was established in response to a ground-breaking Supreme Court of Canada decision in 1985 known as Singh. The Singh decision is known for giving birth to the current refugee determination process in Canada. It found that whenever facts are in dispute and credibility is an issue in a refugee claim, a full oral hearing is required in order to meet the principles of fairness..."


Read more :


"Limiting Access to Refugee Protection in Canada" - MAY 3, 2019 04:46:41 PM Adrienne Smith Edited by: Charles Gallmeyer

https://www.jurist.org/commentary/2019/05/adrienne-smith-canada-refugee-protection/

© by Battista Smith Migration Law Group

  • Grey Facebook Icon