Safety and Dignity for Refugees in Canada

Last Friday, June 20, people across the globe celebrated World Refugee Day under the theme Protecting Refugees: Rebuilding Lives in Safety and Dignity. Just two days earlier, Canada’s Parliament passed legislation that may enhance Canada’s ability to protect refugees and to ensure their safety and dignity.

On June 18, Parliament passed Bill C-280, which calls for the implementation of a Refugee Appeal Division (RAD), which will improve the likelihood that a legitimate refugee claim will not fall through the cracks of Canada’s system.

The Immigration and Refugee Protection Act of 2001 called for the creation of the RAD, which would hear appeals of refused refugee claimants based on the merits of their cases. Yet several months later, the government announced that it would not be implementing the sections of the law pertaining to the RAD. In addition, they did implement another section of the law, which reduced the number of Immigration and Refugee Board members who hear a case from two to one. Asylum claimants were left with a more precarious process on the front end, without the proper mechanisms for appeal on the back end. The passage of Bill C-280 demonstrates that Parliament has once again affirmed the importance of the creation of the RAD.

Currently, those whose asylum claim is denied have three methods of recourse. First, they can apply for judicial review through the Federal Court. Yet only one in ten refused claimants is given leave from the Immigration and Refugee Board (IRB) to do so. And such a review only examines the process used to arrive at the decision, not the merits of the case itself (as will be the case with the RAD).

They can also apply for a pre-removal risk assessment (PRRA). In this application, the claimant may only introduce new evidence, which usually includes information about the country to which he would be deported, to the exclusion of any evidence used at the initial hearing. So this appeal does not examine the legitimacy of the initial decision, and very few PRRAs result in a positive decision.

Third, the claimant can apply for humanitarian and compassionate consideration. Applicants for such consideration must show that they would endure “unusual and undeserved or disproportionate hardship” were they to return to their home countries. This process can take several years, and applicants may be deported while the application is still in process.

There are several reasons why an asylum seeker’s case may be wrongfully denied. Some have to do with the system itself—with only one IRB member hearing each case, it is possible that a lack of adequate information, incompetence, or simple human error will lead to a wrong decision. In addition, sometimes evidence of persecution is difficult to determine because of the nature of the case. In cases of extreme human rights abuses, the victims often suffer from Post Traumatic Stress Disorder, resulting in an inability to testify coherently. The IRB may deem such claimants not credible, making a positive outcome unlikely.

Bill C-280 calls for the implementation of the Refugee Appeal Division, which would review the merits of a denied asylum seeker’s case. As the bill went through the committee stage, amendments were made that give the government one year to implement the RAD and that exclude cases that were denied before the implementation of the RAD. There is also no guarantee that the government will not simply fail to implement the RAD yet again, but perhaps this second endorsement from Parliament will be enough to bring it about.

Public justice requires that the government protect the most vulnerable among us, recognizing them as God’s image-bearers. And as one of the most vulnerable groups in the world, asylum seekers ought to be treated with dignity and respect. The RAD would provide a more robust appeal mechanism to Canada’s refugee determination process, which would help minimize the possibility of false denials. This would reduce the risk that we might send legitimate refugees to countries where they may face torture or death. By upholding the dignity of the “least of these,” we promote justice in Canadian society as a whole.

According to UN High Commissioner for Refugees, Antonio Guterres, “Refugees show incredible courage and perseverance in overcoming enormous odds to rebuild their lives. Ensuring that they get the protection they deserve is a noble cause because refugee rights are human rights – and rights that belong to us all.”

In the spirit of World Refugee Day 2008, let us continue to work, hope, and pray for a just asylum system in Canada that respects these rights, treats refugees with dignity, and adequately ensures their safety.