Fast, Fair and Final: Reforming Canada’s Refugee System
A Maytree Report by Peter Showler
Canada’s refugee claim system is too slow – it can take up to eight years to finalize a claim. On average, it requires 18 months for a first decision at the Immigration and Refugee Board (IRB) because of a backlog of 60,000 claims. Thousands of refused claimants remain in limbo for years, waiting for redress from their refused claim or for removal from Canada. The delays hurt legitimate refugees and can attract frivolous claims. They rob us of the credibility we need to meet our legal and moral obligations to protect individuals who are escaping violence, torture or death.
Making refugee decisions is an incredibly difficult task. To meet this challenge, a reformed system needs to be based on the following three pillars: (1) A good first decision; (2) a reliable appeal; and (3) the prompt removal of failed claimants.”
With the proposed changes, refugee claims would be decided in six months, reviewed in four months and removed within three months of a negative appeal decision. The new refugee system would produce accurate and fair decisions, and result in the timely removal of failed claimants.
Downloads and Links
Download full proposal (PDF)
Download Question and Answer document (PDF)
Download presentation from online news conference (PDF)
Link to media release.
Link to the September 10 online news conference (webcast).
(Test the system requirements to determine if you have the required software to watch the webcast.)
Video Links
Strengths of Canada’s in-land refugee system
Weaknesses of Canada’s in-land refugee system
Fast, Fair and Final: Reforming Canada’s Refugee System
In the Media
October 31, 2009
- CBC The House: Fast and Fair? How to fix the refugee system
October 28, 2009
- Toronto Star Editorial: Fixing the refugee mess
September 14, 2009
- Toronto Star Editorial: Rethinking our refugee system
September 11, 2009
- CIUT Radio Toronto – “Take 5″ at 8:35 a.m. (no clip available)
- AM 770 in Calgary – “The Rutherford Show” at 12:30 p.m. (no clip available)
September 10, 2009
- CBC Radio – Ottawa Morning: Interview with Kathleen Petty at 7:40 a.m. – Refugee Reform Report
- CFAX 1070 in Victoria, B.C. – Talk Show with Dave Dickson at 5 p.m. (no clip available)
- Vancouver Sun: Refugee claims can be fairer and faster: Report
Conclusion of Report
There can be no pretence that making refugee decisions is an easy task. The essential challenge for any asylum system is to make a very large number of difficult refugee claim decisions quickly when the consequences of error are serious. This paper proposes a model that meets this challenge, and meets the five policy criteria for a successful asylum system.
- Fair: This proposal is designed to allow refugee claimants a fair opportunity to prove their refugee claim within the requirements of Canadian law. It is also fair to the Canadian government by creating safeguards that will ensure that the system does not attract frivolous claims.
- Fast: This proposal would result in a first decision within a six-month period, final decisions within a ten-month period and removal of the majority of refused claimants within 13 months. It provides early protection for refugees and their families, it catches mistakes quickly and places a less burden on provincial and federal governments than the current system because refused claimants are not living in Canada for long periods of time.
- Effective: The investment in a high quality of decision-making at both levels of the Refugee Tribunal will result in a high rate of accurate and reliable asylum decisions.
- Efficient: Accurate and reliable early decisions, confirmed with an appeal process, will allow the entire asylum system to function more efficiently. It will place less demand on the Federal Court, and will reduce the number of administrative steps related to removal.
- Final: Prompt removal is based on the integrity and reliability of the refugee decision rather than the speed and arbitrariness of the decision. Removal within 13 months discourages migrants or unscrupulous consultants from using the asylum system inappropriately.
Given the increasing migratory movements of people across borders and ongoing global conflicts, asylum systems will continue to come under pressure from large numbers of asylum seekers. The challenge will be to make well-reasoned and accurate decisions that ensure that refugees are given protection while sustaining the integrity of Canada’s asylum process.
About Peter Showler: Peter Showler is the Director of the Refugee Forum, located at the Human Rights Research and Education Centre, University of Ottawa. The Refugee Forum undertakes various research and law reform initiatives dealing with refugee law. Peter teaches Immigration and Refugee Law and Advanced Refugee law. Peter is the former Chairperson of the Immigration and Refugee Board of Canada (1999-2002) and is the author of Refugee Sandwich: Stories of Exile and Asylum. For the past two years, Professor Showler and the Refugee Forum, in cooperation with the Institute for Research and Public Policy, have been engaged in a comparative study of the asylum systems of several of the industrialized countries including the United Kingdom, France, Belgium, the United States and Australia. The policy proposals and commentary are based on that research. The Institute intends to publish Professor Showler’s research paper in the coming months.
To set up an interview with Peter Showler and for media inquiries:
Markus Stadelmann-Elder, 416-944-2627 ext. 284, mselder@maytree.com.
For all other inquiries, please contact policy@maytree.com.
