ARCHIVED – Backgrounder — Summary of Changes to Canada’s Asylum System
Below is a summary of the changes to Canada’s asylum syste m following passage of the Balanced Refugee Reform Act in June 2010 and the Protecting Canada’s Immigration System Act in June 2012.
Some changes came into effect immediately when each piece of legislation received Royal Assent, while other changes come into effect on December 15, 2012, or beyond.
Key Changes | Canada’s New ASYLUM System – as of December 15, 2012 |
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Estimated Total Processing Time Previous System: |
30 - 45 days – Designated country of origin (DCO) asylum claimants |
Eligibility Review Previous System: |
No change. |
Information- Gathering Previous System: |
Personal Information Form replaced by the new “Basis of Claim” form. For asylum claims made at a port of entry (POE), a Basis of Claim form must be submitted directly to the IRB no later than 15 days following referral of the claim to the IRB. For inland claims, the Basis of Claim form must be submitted to Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) during the eligibility interview. As of December 15, 2012, only the new Basis of Claim form will be accepted. It is available on the IRB website. |
Initial Hearing: Refugee Protection Division (RPD) of the IRB Previous System:
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Hearing by public servant decision makers according to time lines:
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Appeal: Previous System: |
New RAD created. The majority of claimants will have access to the RAD. There will be no access to the RAD for:
In addition, there will be no access to the RAD to appeal a decision on an application to end a person’s protected person status (i.e., cessation or vacation of protected person status) or for those with claims that are deemed rejected because of an order of surrender under the Extradition Act or for those determined to have abandoned/withdrawn their claim at the RPD. Appeals must be filed within 15 calendar days and all final documents submitted (known as perfecting an appeal) within 30 calendar days from the date the written reasons of the RPD decision are received. Except in cases of a hearing, the time line for a RAD decision is 90 days from when the appeal is perfected. |
Designated Countries of Origin (DCOs) Previous System: |
New authority to designate countries of origin for the purpose of expedited processing. A DCO is a generally non-refugee producing country which respects human rights and offers state protection. Designations are not automatic. Countries are triggered for a review leading to potential designation according to either quantitative or qualitative criteria. Quantitative thresholds are stipulated by Ministerial Order as a:
Quantitative triggers will apply for countries having at least 30 finalized claims in any consecutive 12-month period in the three years proceeding designation. If a country meets one of these triggers, it may be reviewed for potential designation. Qualitative triggers are stipulated in legislation and are used to identify countries with less than 30 finalized claims for potential designation. Countries must meet each of the following triggers in order to be reviewed for potential designation:
Once a country is triggered, CIC may conduct a review in consultation with other government departments. The Minister of Citizenship, Immigration and Multiculturalism will make the final decision on whether to designate a country. If a country does not meet any of these triggers, it cannot be designated. The bar on accessing a (PRRA) will be extended to 36 months for individuals from a DCO. |
Ministerial Interventions Previous System: |
More flexibility for ministers of CIC and Public Safety to intervene in proceedings before the RAD. |
Reopening Applications at the IRB Previous System: |
IRB will not be able to reopen previously decided claims or appeals once a final decision has been made at a higher level (i.e., RAD or Federal Court). |
Removal Time Lines Previous System: Took, on average, 4.5 years from time an asylum claim was made and all recourses were exhausted and a failed asylum claimant was removed. Failed asylum claimants from all countries have access to an automatic stay of removal when seeking judicial review. |
Legislative change to ensure that removal orders are enforced as soon as possible. No automatic stay of removals upon application for review at the Federal Court for:
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Loss of Permanent Resident Status when protected person status ends (i.e., cessation) Previous System: |
Provides that when, upon application by the Minister, the IRB finds a person has ceased to be a person in need of protection or a Convention refugee, the individual also loses their permanent resident status if they have it. An exception is provided when refugee protection ceases due to a change in country conditions. In this case, loss of permanent resident status is not automatic. |
Criminality Previous System: |
Anyone convicted of a serious crime, regardless of the length of the sentence, would be denied access to the RPD, but would be entitled to a (PRRA). If the (PRRA) is successful, these individuals could remain in Canada but would not be given protected person status. |
Key Changes | Changes already in effect |
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Humanitarian and Compassionate consideration (H&C) Previous System: |
Changes to H&C under the Balanced Refugee Reform Act came into effect on June 29, 2010, and include:
Additional changes that came into effect with the passage of the Protecting Canada’s Immigration System Act on June 28, 2012, include:
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Pre-Removal Risk Assessment (PRRA) Previous System: |
Changes to (PRRA) also came into effect earlier this year. Most failed asylum claimants will not have access to a (PRRA) for one year, following a final decision by the IRB. In the case of someone who receives a negative (PRRA) decision, they are also barred from submitting a subsequent (PRRA) until one year has passed since the initial decision was made. This is to prevent individuals from submitting multiple (PRRA)s immediately after the risk they face returning to their country of origin has been assessed. In the event of a sudden and significant change in country conditions that could lead people to being subject to personalized risk if returned to their home country, the Minister of Citizenship, Immigration and Multiculturalism may exempt individuals from the bar on accessing a (PRRA). The criteria to be considered for an exemption has been established in regulations and includes recent changes in laws, policies or practices within a given country which indicate a risk of persecution or torture against all or some of that country’s nationals. |
Assisted Voluntary Return and Reintegration (AVRR) pilot program Previous System: |
The AVRR pilot program was launched in the Greater Toronto Area on June 29, 2012, to increase the number of failed asylum claimants who willingly leave Canada in a timely manner. It is important to note that individuals who withdraw or abandon their claim, have a criminal record, or have been found by the IRB to have made an unfounded or non-credible claim, are not eligible to participate in the AVRR pilot program. |
Key Changes | Future Changes |
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Transfer of the (PRRA) function to the IRB Current system: |
Two years after the new asylum system comes into effect, the (PRRA) function will be transferred to the IRB. |
Footnotes
- Footnote **
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The Safe Third Country Agreement applies to asylum claimants who are seeking entry to Canada from the U.S. or vice versa at Canada-U.S. land border crossings. Under this Agreement, unless individuals qualify for an exception, asylum claimants must seek protection in whichever of the two countries they first have the opportunity to do so.
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