IRCC Minister Transition Binder 2019: Asylum
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Introduction
Canada’s asylum system reflects our international obligations and humanitarian traditions:
- Once in Canada, individuals have a right to seek asylum and may not be returned to a country of persecution (“non-refoulement”).
These commitments are grounded in international conventions and domestic law:
- Refugee Convention
- Convention Against Torture
- International human rights conventions
- Canadian Charter of Rights and Freedoms
- Immigration and Refugee Protection Act
Balancing protection and system integrity is key
- Canada must balance its domestic and international obligations with measures to safeguard the integrity and efficiency of the asylum system.
Foundation of refugee status determination
- Well-founded fear of persecution based on:
- race
- religion
- nationality
- political opinion
- membership in a particular social group
- Risk to life or risk of cruel and unusual treatment or punishment
Who seeks asylum in Canada?
- Global instability and flows of temporary migrants to Canada contribute to more people needing protection and more asylum claims.
- Canada is geographically isolated from major flows of migrants.
- But, foreign nationals can come to Canada temporarily in many ways:
- Visitors (with or without a visa)
- Temporary foreign workers
- International students
- Undocumented migrants
Canada’s Asylum System is a Shared Responsibility
The Federal Government issues work permits and provides coverage under the Interim Federal Health Program.
Provinces and territories are responsible for providing social assistance, education, emergency housing, and legal aid while a decision on a claim is pending.
Municipalities may also provide supports, such as temporary shelter.
Immigration, Refugees and Citizenship Canada (IRCC)
- Overall mandate of asylum system; responsible for policy direction, guiding implementation, monitoring, reporting, and delivering some parts of the program (e.g., intake of inland claims, pre-removal risk assessments).
Canada Border Services Agency (CBSA)
- Public Safety portfolio responsible for enforcement policies and leading various security and enforcement activities (e.g., intake of port of entry claims, security screening, hearings, arrest, detention, and removal of failed claimants).
Immigration and Refugee Board (IRB)
- Independent administrative tribunal responsible for refugee claim determination and appeals.
Federal Court
- Responsible for judicial review of decisions made by the Immigration and Refugee Board and IRCC.
Asylum Overview
- People make asylum claims at a port of entry or inland in Canada.
- Eligibility is determined by the Canada Border Services Agency or IRCC based on:
- Security Concerns
- Criminality
- Previous Protection Claims in Canada
- Protection Claim in Another Country
- Received Protection from Another Country
- Eligible claims are referred for a hearing to the Immigration and Refugee Board of Canada, an independent administrative tribunal.
- Those whose cases are approved become protected persons and may apply for permanent resident status and eventually citizenship.
- Those whose cases are refused have access to at least one other appeal or recourse measure (e.g., Refugee Appeal Division, Federal Court).
- Failed claimants have 30 days to voluntarily depart or are removed by the Canada Border Services Agency as soon as possible.
Current State of Play
The Government has also provided compensation for costs incurred by provinces, including through a temporary Interim Housing Assistance (Grant) Program. Thus far, the Government has provided $372M for interim housing pressures and has increased federal funding for legal aid (including a one-time investment of $26.8M, to compensate for shortfalls in provincial funding in 2019-2020).
To date, the Government response to increased asylum claim volumes and irregular migrationhas sought to advance three strategic objectives:
Increase capacity to handle more cases
- Budget 2019 will enable asylum system to ramp up to 50,000 asylum decisions and 13,500 appeals by fiscal year 2020-2021.
Improve system-wide management and efficiencies
- Existing governance and oversight across the system were improved and a new Deputy-level Asylum System Management Board was created.
- Strategic case management task forces were created by the Immigration and Refugee Board
- The Integrated Claim Assessment Centre was piloted, to improve collaboration between organizations and test new approaches to processing claims more efficiently.
Managing and discouraging irregular migration
- Budget 2019 introduced a Border Enforcement Strategy to better detect and discourage misuse of visa systems and to manage arrivals at the border. The Government also introduced targeted legislative changes, including a new ineligibility to the Immigration and Refugee Board for those who have made asylum claims in other countries.
Issues for Consideration
While Government investments and advances are underway:
- The overall number of asylum claims continues to rise:
- Between January and September 2019, regular claims increased by 42% compared to the same period in 2018.
- Based on current trends, asylum volumes are expected to remain high for the foreseeable future.
- Expectations from provinces are changing:
- Higher asylum volumes have placed increased pressure on provinces and municipalities in providing social services and legal aid to asylum claimants.
- Some provinces are positioning asylum pressures as a federal responsibility and are seeking compensation for costs incurred (e.g., housing, legal aid, social services).
- Asylum seekers continue to enter Canada between ports of entry, which fall outside application of the Canada-U.S. Safe Third Country Agreement:
- Between January and September 2019, the Royal Canadian Mounted Police has intercepted more than 12,000 asylum seekers entering between ports of entry. Since 2017, the vast majority of irregular migrants have been entering Canada from the United States near Lacolle, Quebec (Roxham Road).
- The Canada-U.S. Safe Third Country Agreement requires refugee claimants to seek protection in whichever of the two countries they enter first, unless they meet an exception. It only applies at land border ports of entry.
Key Takeaways
Higher asylum claim volumes are Canada’s new normal
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Early briefing
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