Assisted Voluntary Return and Reintegration (AVRR) Pilot Program Regional Conference on Migration June 2013

Objectives To provide an overview of the AVRR pilot program including: Goals and guiding principles Benefits of program enrolment Program eligibility and criteria To share initial successes and results of the first year Priorities for Year 2 (April 1, 2013 – March 31, 2014)

The AVRR Pilot Program With the AVRR pilot program, the Canada Border Services Agency (CBSA) aims to encourage the voluntary return of low-risk failed refugee claimants as a cost-effective and timely alternative to a traditional enforced removal. The AVRR pilot program was launched in June 29, 2012 and will run until March 31, 2015 (33 months). It is open to low-risk failed refugee claimants in and around the Greater Toronto Area (GTA) who are removal ready. AVRR is administered through a partnership with the International Organization for Migration (IOM).

AVRR Return Projections Timeframe Anticipated Maximum AVRR Volume Year One (June 29, 2012 – March 31, 2013) 1,517 Actual Returns: 1602 Year Two (April 1, 2013 – March 31, 2014) 2,719 Year Three (April 1, 2014 – March 31, 2015) TOTAL 6,955

Guiding Principles for Voluntary Returns The CBSA maintains the authority to determine and monitor eligibility of clients throughout the AVRR process to ensure it is not abused; however, the CBSA will not interfere with the departure arrangements of clients unless issues or discrepancies arise, or program elements require intervention. The CBSA and the IOM will endeavour to promote the timely departure of AVRR participants within 30 days of a negative IRB decision, as per section 224(1) of the Immigration and Refugee Protection Regulations where an individual leaves Canada on a departure order. The IOM will strive to ensure that clients return in a manner that is anonymous – the goal is for AVRR participants to depart Canada for their country of origin as if they were a regular traveller.

Benefits to the Participant As mentioned, an AVRR return is done with anonymity. Support for those who genuinely wish to return to their country of origin that include services by the IOM, such as: Pre-departure information on options for return, as well as advice to help develop a reintegration plan for a smoother resettlement upon return. Travel arrangements: help obtaining a travel document if required, assistance booking and purchasing a plane ticket, facilitate with airport departure, transit and arrival reception (on a per request basis). Management of the in-kind reintegration assistance on behalf of the participants. In most countries, participants will receive support from a local office of the IOM or from a contracted third party service provider if a local office is not available. The in-kind assistance up to a maximum of $2,000 CAN will help them implement their reintegration plan and can be used to pay for services such as help starting up a small business or to get an education / re-training.

Reintegration Assistance / Old System: Before Dec. 15, 2012 The amount of assistance is based on the recourse(s) obtained upon application to the AVRR pilot program. Application after FC and PRRA (Two Recourse) Up to $1,000 Application prior to FC or PRRA (One Recourse) Up to $1,500 Application prior to Federal Court (FC) and PRRA (Pre-Removal Risk Assessment) (No Recourse) Up to $2,000

Reintegration Assistance / New System: After Dec. 15, 2012 The amount of assistance is based on the recourse (s) obtained upon application to the AVRR pilot program. The type of recourse differ slightly under the new system. Application after RAD and FC (Two Recourse) Up to $1,000 Application prior to RAD or FC (One Recourse) Up to $1,500 Application prior to Refugee Appeal Division (RAD) and Federal Court (FC) (No Recourse) Up to $2,000

Who is Eligible for AVRR? Applicants must have received a negative determination on their claim for refugee protection from the Immigration and Refugee Board (IRB). Applicants must meet the following geographic criteria: Submitted a claim for refugee status at any port of entry, CBSA or Citizenship and Immigration Canada (CIC) inland office located within the GTA; and have their refugee claim heard by the IRB within the GTA; and have their removal effected from the GTA. OR Submitted a claim for refugee status outside of the defined GTA area; and Have been granted a ‘change of venue’ by the IRB to the GTA prior to their final refugee hearing; and Have their removal effected from the GTA. Applicants must satisfy the parameters of voluntary compliance as defined in Section 238 of the Immigration and Refugee Protection Regulations. (New) Dependants: in order for dependants to benefit from the AVRR pilot program, at least one parent must be deemed eligible and participate in AVRR.

Who is not eligible for AVRR? Applicants who received a refugee decision based on an application with no credible basis (subsection 107(2) of the Immigration and Refugee Protection Act). Applicants deemed excluded as per sections E and F of Article 1 of the United Nations Convention Relating to the Status of Refugees. Applicants who withdraw or abandon their refugee claim before having received a determination by the IRB. Applicants from a country with a temporary suspension of removal (subsection 50(a) of the Immigration and Refugee Protection Act and section 230 of the Immigration and Refugee Protection Regulations). Applicants who fail to assist with, or complete, an application for a travel document when requested by the CBSA. Applicants who failed to remain in compliance with all terms and conditions issued by the Government of Canada. Applicants with an outstanding warrant for arrest or removal by the CBSA or any law enforcement agency. Applicants reported for criminality (minor or serious) (section 36 of the Immigration and Refugee Protection Act). Applicants reported as being inadmissible to Canada or found to be inadmissible on security grounds, on grounds of violating human or international rights, or on grounds of organized criminality (sections 34, 35, and 37 of the Immigration and Refugee Protection Act. Applicants with an outstanding application for permanent residence accompanied by a spousal sponsorship application. (New) Client has been determined to be a Designated Foreign National (DFN). (New) Previously deported individuals. An applicant will be temporarily ineligible for the AVRR program if the following condition applies: Client is under a stay of removal issued as per subsection 50 of the Immigration and Refugee Protection Act subsections (a) to (e).

Area of Eligibility The AVRR pilot program is being managed by CBSA Headquarters (HQ) through the Greater Toronto Enforcement and Intelligence Operations Division (GTEOID). Participation is open to individuals who made a claim for refugee protection at a port of entry or at an inland office within the area typically served by the Greater Toronto Enforcement and Intelligence Operations Division (Formerly Greater Toronto Enforcement Centre-GTEC). Individuals who made their claim for refugee protection elsewhere but were granted a change of venue by the IRB to the GTA may also be eligible to participate in the AVRR pilot program. The program is piloted in the GTA because it represents 50% of all removals and includes all types of cases, from the most basic to the most complex.

AVRR Implementation to Date The AVRR pilot program has made significant progress since its launch:  The 2012-2013 goal of 1,517 departures was exceeded by 88 additional returns for a total of 1,602 in the first year of implementation As of May 2013, 5,321 interviews with potential clients were conducted, and of these 3,247 (61%) were eligible at the time of their interview and referred to the IOM 1,540 (29%) were eligible but uninterested in AVRR 534 (10%) were deemed ineligible for AVRR enrollment 2,705 clients have contacted the IOM and have enrolled in AVRR, and of these 178 (7%) are working with the IOM to leave Canada 472 (17%) declined the program after speaking with the IOM (referred back to the CBSA) 15 (1%) were removed from AVRR due to breach of terms and conditions 2,040 (75%) have departed Canada through AVRR Top 5 nationalities include:  

Priorities for Year 2 (April 1, 2013 – March 31, 2014) As the CBSA moves forward into the second year of the pilot program, the following have been identified as priorities: Conduct a Cost Base Analysis soon after the first anniversary of the pilot program launch, to compare it against traditional removals program AVRR Outreach / Consultations within the GTA (diaspora communities, immigrant service organizations, law firms) Realignment of the AVRR Walk In Unit at the operational level Commence AVRR program evaluation and scoping exercise to determine requirements to effect a national AVRR program Monitoring trips to countries of return are planned for Fall 2013 to assess the delivery of in-kind reintegration assistance in order to determine overall effectiveness and delivery. The findings will be incorporated into the overall AVRR pilot program evaluation. Two monitoring missions are proposed as follows: The first region is Eastern Europe: 1) Hungary is the highest-ranking AVRR returns by citizenship with 913 participants (or 49%); and 2) The Czech Republic is the fourth highest with 75 participants (or 5%). The second region is the Americas: 3) Colombia is the second highest return by nationality with 191 participants (or 10%); and 4) Jamaica, although not a top five country of AVRR returns, it is of interest under the CBSA’s traditional removals program.  The next CBSA-IOM AVRR pilot program Progress Review is tentatively scheduled for January 2014.  13

THANK - YOU Find out more about the AVRR pilot program: Visit www.cbsa-asfc.gc.ca/prog/avrr-arvr Visit the IOM at www.iom.int Email AVRR-ARVR@cbsa-asfc.gc.ca THANK - YOU