Canada’s Immigration Department has initiated the process of sending out letters to tens of thousands of refugee claimants, indicating that they may not meet the criteria for asylum and advising some to leave the country promptly. This action follows the recent enactment of a law in Ottawa that has stricter guidelines on the timing and procedure for claimants to submit their applications.
According to Immigration, Refugees and Citizenship Canada (IRCC), these letters are not deportations but rather procedural fairness letters commonly utilized in various programs to allow applicants the chance to provide additional information before a decision is reached. Approximately 30,000 applicants have received these notifications to date.
One of the letters obtained by CBC News informed an applicant that their refugee protection claim might be ineligible to be referred to the Refugee Protection Division of the Immigration Refugee Board of Canada due to arriving in Canada in 2024 and submitting their application over a year later. The new legislation, Bill C-12, retroactively restricts individuals who entered Canada more than a year before filing claims, effective from June 24, 2020, onwards.
In response to the letters, applicants are granted a 21-day window to submit further information or evidence regarding their entry circumstances, which could impact their eligibility for referral to the IRB. Additionally, those whose claims are not referred will still have the opportunity to complete a pre-removal risk assessment (PRRA) form for further consideration by a case officer.
However, concerns have been raised by immigration lawyers regarding the effectiveness of paper processes as substitutes for in-person hearings. They argue that applicants may not have the same opportunity to present their case thoroughly and express personal circumstances adequately, potentially leading to incorrect decisions. Some lawyers have raised issues with the legislation, citing cases of families being separated and potential instances of fraud involving PRRA form completion.
Another type of form letter seen by CBC News warns applicants that their refugee protection claim is not eligible for referral to the Refugee Protection Division due to specific amendments in immigration law that target claimants who entered Canada from unofficial border points and delayed their asylum claims for more than 14 days. The letter instructs them to depart Canada promptly and notify the Canada Border Services Agency, emphasizing the possibility of a deportation order if they fail to comply.
Individuals have the right to a PRRA before leaving Canada, as stated by Adam Sadinsky from the Canadian Association of Refugee Lawyers. He expressed concerns about the misleading nature of the letters, potential limitations on accessing PRRA for applicants from certain countries, and the resulting challenges faced by those deemed ineligible for asylum claims.
In conclusion, the recent developments in Canada’s asylum process have sparked debates among legal experts and raised questions about the implications for refugee claimants affected by the new legislation.