Claiming Refugee Protection Under the. Francisco Rico-Martinez (Co- Director) FCJ Refugee Center February 2013

Transcription

1 Claiming Refugee Protection Under the Francisco Rico-Martinez (Co- Director) FCJ Refugee Center February 2013

2 Categories of Refugee Under the new system, refugee claimants are divided into three categories: Designated Countries of Origin (DCO) Designated Foreign Nationals (DFN) Regular Refugee Claimants Refugee claimants will experience different processes

3 Designated Countries of Origin (DCO): The Minister of Citizenship and Immigration can designate the countries of origin. reduced rights in the refugee process. Countries can be designated on the basis of quantitative factors a rejection rate of at least 75% or a withdrawn and abandoned rate of at least 60%, or on the basis of the Minister s opinion that the country has an independent judiciary, democratic rights, etc.

4 Ctd These countries have begun to be designated as of December 14 th, As of the production of this document 27 countries have made the list 25 countries are in the European Union (EU) as well as Croatia and the US. To see the updated list, please visit

5 Designated Foreign Nationals The Minister of Public Safety can designate groups of people as irregular arrivals in particular circumstances, including if the Minister considers that the group cannot be examined in a timely manner or Suspects that the group might have been smuggled for profit. Individuals in the group are subject to many extreme measures, including mandatory detention for 15 days for all over 16 years of age (detention review every 6 months) and a bar on applying for PR for five years even if they are

6 Ctd These groups have begun to be designated as of December 20 th, Roma from Bulgaria

7 Regular Refugee Claimants This category is for any claimant who is not from a Designated Country of Origin (DCO) according to Citizenship and Immigration Canada (CIC), or who is not a Designated Foreign National according to the Minister of Public Safety

8 Backlog cases Claimants whose claim referred before Dec. 15: Do not fill in BoC Are not subject to timelines for hearing Do follow the new RPD rules if hearing not yet started Access to RAD if claim referred August 15 or later

9 Services for refugee claimants Francisco Rico (Co- Director) FCJ Refugee Center February 2013

10 Access to Services for

11 The Interim Federal Health Program (IFHP) provides refugee claimants coverage of health-care benefits, but the type of coverage depends on whether the claimant comes from a DCO or non-dco country. Non DCO claimants qualify for Health-Care Coverage. With this coverage, beneficiaries will be covered if they need medical attention for a disease, symptom, complaint or injury, including: hospital services; services of a doctor or registered nurse; laboratory, diagnostic and ambulance services; and medications and vaccines only when needed to prevent or treat a disease posing a risk to public health or to treat a condition of public safety concern.

12 Ctd DCO claimants qualify for Public Health or Public Safety Health- Care Coverage. In this package, claimants are only covered to prevent, diagnose or treat a disease posing a risk to public health or a condition of public safety concern. The IFHP covers the cost of the immigration medical examination for all refugee claimants while their claim is being processed (both from DCO and non-dco countries). The application for IFHP can be found at: english/information/applications/ifh.asp

13 LAO: NEW MODEL FOR DELIVERY OF REFUGEE AND IMMIGRATION SERVICES Stage 1: Personal Information Form (PIF) preparation A Basis of Claim (BOC) form replaces the PIF. Wording on the certificate will be changed from PIF to BOC. Clients may be eligible for a five-hour certificate to complete a BOC. LAO subject matter experts will assess merit for BOC coverage. The three-hour certificate for the narrative portion of a PIF will be discontinued for claims made after Dec. 15.

14 LAO: NEW MODEL FOR DELIVERY OF REFUGEE AND IMMIGRATION SERVICES Stage 2: Refugee Protection Division hearing/interview LAO subject matter experts will assess: merit for hearing coverage and whether or not the BOC certificate should be amended to add 11 hours for services leading up to the RPD hearing LAO will announce a new model for delivery of refugee and immigration

15 The New Refugee Procedure since Francisco Rico (Co- Director) FCJ Refugee Center February 2013

16 The New Refugee Process Timelines

17 Inland Claims (Person goes to a CIC office once already in Canada) CIC officer determines eligibility. Applicants must obtain all forms or download them from the Internet: The Basis of Claim Form(BoC) Refugee Intake Form Generic Application Form and Background Declaration. In order to get a date for the eligibility interview, applicants must provide all of the above completed forms, including the original BoC form, plus an additional copy.

18 Port Of Entry (POE) Claims (Persons who arrive at airport, land border or seaport) The CBSA officer determines eligibility upon arrival Following forms will be completed with the CBSA officer: Schedule 12, - Additional Information - Refugee Claimants Inside Canada Generic Application Form (IMM008) Schedule A -Background Declaration

19 Eligibility Interview The officer will ask questions to fill the forms or about the forms (e.g. what specifically applicants fear about returning to their country) Questions must be answered as truthfully and completely as possible. Applicants should make sure to bring their passport or travel document. The office will keep these documents and give certified copies. The claim will be classified as: Regular claim, DCO or Designated Foreign National (DFN)

20 Claim considered A claim is considered ineligible if: have made a refugee claim in Canada before have been granted refugee protection by another country came to Canada through a Safe Third Country without qualifying under any of the exceptions are inadmissible on certain criminality or security grounds When the claim is found eligible, applicants are referred to the RPD to have their case heard.

21 Refugee Package: BOC Form Notice to Appear for refugee hearing Conditional Removal Order Counsel Contact Information Form Notice of Representative without Fee or other Consideration Form Other Information Overview of the Refugee Process by the IRB Copy of Documents Refugee Intake Form, Generic Application Form (IMM008),

22 ASSISTED VOLUNTEER RETURN PROGRAM By International Organizatión for Migration (IOM Unsuccessful Refugee Claim Made in Greater Toronto Area (GTA) Fill Out an Application for a New Travel Document if Don t have one Comply Terms and Conditions set by Canadian Government Withdrew or Abandoned Claim Claim No Credible Basis Country subject to a temporary suspension of removals If NOT comply Terms and Conditions by Canadian Government Criminal Record (Minor or Serious) Inadmissible for Human or International Rights Violations, National Security or Organized Criminality Outstanding Application for PR or Spousal Sponsorship Application Source: International Organization for Migration (IOM)

23 ASSISTED VOLUNTEER RETURN PROGRAM KIND OF ASSISTANCE AVAILABLE Plane Ticket Home - Pay for extra luggage - Find a Job, rent a house Up to CANADIAN $ to Reintegration Assistance - Set up a Business - School, University Up to CAN $2,000 Up to CAN $1,500 Up to CAN $1,000. Before Judicial Review. Before submitting PRRA. After negative from PRRA

24 QUESTIONS