Principles of In-Canada Refugee Protection An Overview Workshop on Protection and Durable Solutions San Jose, Costa Rica, August Dick Graham, Director of Asylum Refugees Branch Citizenship & Immigration Canada

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

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)

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

Claimants are deemed ineligible if: Claimant made a prior ineligible, withdrawn or abandoned claim Claimant recognized as Convention refugee by other country Claimant came to Canada from a country determined a Safe Third Country Claimant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

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

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)

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

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

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

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