Slow, Subjective and Stressful: A Guide to Canada's Asylum System
DOI :
https://doi.org/10.11575/sppp.v12i0.68309Résumé
This paper is the second in a series of papers on Canada’ asylum system. The first paper, Ping-pong Asylum, took us to the border, and outlined the issues behind the recent influx of people crossing there. This paper focuses on what happens to those people, and other asylum seekers, once they are inside Canada. The analysis shows that Canada’s asylum system is not an easy path to living in Canada or gaining citizenship. Asylum seekers or Canadian citizens who think asylum is a form of queue jumping or circumventing normal immigration pathways are mistaken. It is a complex web of agencies and steps. This complexity partially results from the due process granted to asylum seekers. It is also the result of evolving bureaucracies and case management systems impacted by political agendas and sudden surges in asylum seeker numbers. This complex system does not lend itself well to a quick resolution of an asylum seeker’s case, and it does not respond efficiently to large numbers in a short time span.
Références
Making a Claim.” 2019. In Claiming Refugee Protection. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/applying-refugee-protection/Pages/index.aspx.
Providing the Basis for Your Claim.” 2019. In Claiming Refugee Protection. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/applying-refugee-protection/Pages/index2.aspx.
Attending Your Hearing.” 2019. In Claiming Refugee Protection. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/applying-refugee-protection/Pages/index4.aspx.
Receiving Your Decision.” 2019. In Claiming Refugee Protection. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/applying-refugee-protection/Pages/index5.aspx.
Appellant’s Guide. 2017. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/refugee-appeals/Pages/RefAppGuide.aspx.
“Arrests, Detentions and Removals: Removal from Canada.” 2019. In Securing the Border. Canada Border Services Agency. https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html.
Asylum Claims. 2019. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims.html.
Camilleri, Michael, and Fen Hampson. 2018. No Strangers at the Gate: Collective Responsibility and a Region’s Response to the Venezuelan Refugee and Migration Crisis. 1st ed. Washington D.C.: Centre for International Governance Innovation and Inter-American Dialogue. https://www.cigionline.org/sites/default/files/documents/CIGI_IAD_Venezuela_report-English-final.pdf.
“Canada-U.S. Safe Third Country Agreement.” 2016. Government of Canada. http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp.
“Canada - Asylum Claimants by Top 25 Countries of Citizenship and Claim Office Type, Claim Year 2018.” 2018. In Asylum Claimants – Monthly IRCC Updates. Immigration, Refugees and Citizenship Canada. http://www.cic.gc.ca/opendata-donneesouvertes/data/IRCC_M_AC_0004_E.xls.
Canada Border Services Agency. 2019. Canada Border Services Agency. https://www.cbsa-asfc.gc.ca/menu-eng.html.
“Chapter 5: Well-Founded Fear.” 2018. In Interpretation of the Convention Refugee Definition in the Case Law. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef05.aspx.
Chase, Steven, and Tamara Baluja. 2012. “Kenney Tightens Rules for Questionable Asylum Seekers.” The Globe and Mail, February 16. https://www.theglobeandmail.com/news/politics/kenney-tightens-rules-for-questionable-asylum-seekers/article546796/.
“Claiming Asylum in Canada – What Happens?” 2017. Government of Canada. https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/03/claiming_asylum_incanadawhathappens.html.
Costing Irregular Migration across Canada’s Southern Border. 2018. Ottawa: Office of the Parliamentary Budget Officer.
“Country Chapters: Canada.” 2018. In UNHCR Resettlement Handbook, 1–22. United Nations High Comissioner for Refugees. https://www.unhcr.org/3c5e55594.pdf.
Departmental Performance Report. 2010. Immigration and Refugee Board of Canada.
———. Departmental Performance Report. 2017. Immigration and Refugee Board of Canada.
Evaluation of the In-Canada Asylum System Reforms. 2016. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/reports-statistics/evaluations/canada-asylum-system-reforms.html#toc4-4-1.
Falconer, Robert. 2019. “Ping-Pong Asylum: Renegotiating the Safe Third Country Agreement.” The School of Public Policy Publications 12 (13). https://www.policyschool.ca/wp-content/uploads/2019/04/Ping-Pong-Asylum-Falconer.pdf.
Find out If You’re Eligible – Refugee Status from inside Canada. 2017. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html.
Global News. 2017. “Haitian-Born Liberal MP off to Miami over Asylum Seekers Coming to Canada,” August 21. https://globalnews.ca/news/3685246/haitian-born-liberal-mp-off-to-miami-over-asylum-seekers-coming-to-canada/.
Guidance on Interpreting the Definition of a Convention Refugee. 2013. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/eligibility/guidance-on-interpreting-definition-convention-refugee.html.
History. n.d. The Kim Foundation International.
http://www.kimfoundation.com/modules/contentpage/index.php?file=story.htm&ma=20&subid=201.
Humanitarian and Compassionate Grounds. 2017. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html.
IFHP Info Sheet. 2012. Citizenship and Immigration Canada.
http://www.cic.gc.ca/english/refugees/outside/ifhp-info-sheet.asp.
Internal Audit of Operation Syrian Refugees Identification and Processing. 2017. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/reports-statistics/audits/operation-syrian-refugees-identification-processing.html#conclusion.
IRB Issues New Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division. 2019. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/news/2019/Pages/less-complex-claims-rpd.aspx.
Less Complex Claims: The Short-Hearing and File-Review Processes. 2019. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/information-sheets/Pages/less-complex-claims.aspx.
Lu, Yuqian, Marc Frenette, and Grant Schellenberg. 2015. Social Assistance Receipt Among Refugee Claimants in Canada. Statistics Canada. http://www.statcan.gc.ca/pub/11-626-x/11-626-x2015051-eng.htm.
Pre-Removal Risk Assessment – Refugee Claims in Canada. 2017. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/pre-removal-risk-assessment.html.
Process Chart. n.d. FCJ Refugee Centre. https://www.fcjrefugeecentre.org/our-programs/immigration-and-refugee-protection/canadas-refugee-process/process-chart/.
“Refugee Claims.” 2017. Immigration and Refugee Board of Canada. Accessed October 16. http://www.irb-cisr.gc.ca/Eng/NewsNouv/info/Pages/FactRpdSpr.aspx.
Refugee Claims in Canada—Options for Refused Applicants. 2017. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options.html.
Restoring Fairness to the Interim Federal Health Program. 2016. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/news/2016/02/restoring-fairness-to-the-interim-federal-health-program.html.
Secretary Kelly’s Statement on the Limited Extension of Haiti’s Designation for Temporary Protected Status. 2017. Department of Homeland Security. https://www.dhs.gov/news/2017/05/22/secretary-kellys-statement-limited-extension-haitis-designation-temporary-protected.
Showler, Peter. 2009. Fast, Fair and Final: Reforming Canada’s Refugee System. Maytree Foundation. https://maytree.com/wp-content/uploads/FastFairAndFinal.pdf.
The Immigration and Refugee Board of Canada Changes How Refugee Hearings Are Scheduled. 2018. Immigration and Refugee Board of Canada. https://irb-cisr.gc.ca/en/news/2018/Pages/hearing-schedule.aspx.
Trudeau, Justin. 2017. No Title. Twitter.
https://twitter.com/justintrudeau/status/825438460265762816.
Vineberg, Robert. 2018. “Canada’s Refugee Strategy: How It Can Be Improved.” Canadian Global Affairs Institute 11 (April): 0–17. doi:10.11575/sppp.v11i0.43344.
Yeates, Neil, and Samar Abou-Assaf. 2018. Report of the Independent Review of the Immigration and Refugee Board: A Systems Management Approach to Asylum. Immigration, Refugees and Citizenship Canada. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/report-independent-review-immigration-and-refugee-board.html.
Téléchargements
Publié-e
Numéro
Rubrique
Licence
The following is the copyright statement of SPPP.
Copyright © <Author name> <year>. This is an open-access paper distributed under the terms of the Creative Commons license CC BY-NC 4.0, which allows non-commercial sharing and redistribution so long as the original author and publisher are credited.
Publication Copyright and Licensing
The following guidelines and information, provided in six sections, are intended for authors (the “Author”) who are invited to write a paper (the “Work”) for The School of Public Policy Publications (the “Publisher”). The rights and responsibilities conveyed in the SPP Author Agreement will only apply once your paper is accepted for publication. At that point in the publication process, you will be asked to download the form and return a signed copy via e-mail to spppublications@ucalgary.ca. Please review the below information to ensure agreement with SPPP policies.
Section 1: Author’s Grant of Rights
In consideration of the Publisher’s agreeing to publish the Work in The School of Public Policy Publications, the Author hereby grants to the Publisher the following:
1.1 The irrevocable, royalty-free right to publish, reproduce, publicly display, publicly perform and distribute the Work in perpetuity throughout the world in all means of expression by any method or media now known or hereafter developed, including electronic format;
1.2 The irrevocable, royalty-free right to use the Author’s name and likeness in association with the Work in published form and in advertising and promotional materials related to the Work; and
1.3 The irrevocable, royalty-free right to license others to do any or all of the above.
Section 2: Prior Publication & Publication by Others
2.1 The Author agrees not to publish the Work, or authorize any third party to publish the Work, either in print or electronically, prior to publication of the Work by the Publisher.
2.2 The Author agrees not to publish the Work in any publication outlet which is substantially similar to The School of Public Policy Publications for a period of six (6) months after publication of the Work in The School of Public Policy Publications. Substantially similar is defined as a non-subscription, open-access publication outlet with a similar mandate/vision and intended audience.
2.3 Should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author agrees to contact The School of Public Policy Publications to inform them of the subsequent publication.
2.4 Should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author agrees to make reasonable efforts to ensure that any such additional publication cites the publication in The School of Public Policy Publications by author, title, and publisher, through a tagline, author bibliography, or similar means. A sample acknowledgement would be:
“Reprinted with permission from the author. Originally published in the The School of Public Policy Publications, http://www.policyschool.ca/publications/.”
Section 3: Editing and Formatting
The Author authorizes the Publisher to edit the Work and to make such modifications as are technically necessary or desirable to exercise the rights in Section 1 in differing media and formats. The Publisher will make no material modification to the content of the Work without the Author’s consent.
Section 4: Author’s Ownership of Copyright and Reservation of Rights
4.1 Nothing in this agreement constitutes a transfer of the copyright by the Author, and the copyright in the Work is subject to the rights granted by this agreement.
4.2 The Author retains the following rights, including but not limited to, the right:
4.2.1 To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format;
4.2.2 To post a version of the Work in an institutional repository or the Author’s personal or departmental web page so long as The School of Public Policy Publications is cited as the source of first publication of the Work (see sample acknowledgement above).
4.2.3 To include the Work, in whole or in part, in another work, subject to Section 2 above and provided that The School of Public Policy Publications is cited as the source of first publication of the Work (see sample acknowledgement above).
4.3 The Editors and Editorial Board of The School of Public Policy Publications requires authors to publish the Work under a Creative Commons Attribution-NonCommercial 4.0 International licence (CC BY-NC 4.0). This license allows others to distribute, remix, tweak, and build upon the Work for noncommercial purposes, and ensures the Author is credited for the original creation. This onward licensing is subject to section 2.4 of this agreement, which further ensures that the original publisher is credited.
Section 5: Author’s Warranties and Undertakings
The Author warrants that:
5.1 The Author is the sole author of the Work, or if a joint author, the Author has identified within the Work the other authors, and holds the copyright, either solely or jointly, and has the power to convey the rights granted in this agreement.
5.2 The Work has not previously been published, in whole or in part, except as follows:
5.3 Any textual, graphic or multimedia material included in the Work that is the property or work of another is either explicitly identified by source and cited in the Work or is otherwise identified as follows:
5.4 To the best of the Author’s knowledge, the Work does not contain matter that is obscene, libelous, or defamatory; it does not violate another’s civil right, right of privacy, right of publicity, or other legal right; and it is otherwise not unlawful.
5.5 To the best of the Author’s knowledge, the Work does not infringe the copyright or other intellectual property or literary rights of another.
5.6 The Author will indemnify and hold Publisher harmless against loss, damages, expenses, awards, and judgments arising from breach of any such warranties.
Section 6: The Reuse of Third-Party Works
The Publisher requires that the Author determine, prior to publication, whether it is necessary to obtain permissions from any third party who holds rights with respect to any photographs, illustrations, drawings, text, or any other material (“third-party work”) to be published with or in connection with your Work. Copyright permission will not be necessary if the use is determined to be fair dealing, if the work is in the public domain, or if the rights-holder has granted a Creative Commons or other licence. If either the Author or Publisher determines for any reason that permission is required to include any thirdparty work, the Author will obtain written permission from the rightsholder.
