PRESENTED BY FRANCISCO RICO. Supported by Law Foundation s Access to Justice Fund

Transcription

1 PRESENTED BY FRANCISCO RICO Supported by Law Foundation s Access to Justice Fund

2 non-profit organization which serves refugees and others at risk due to their immigration status We welcome anyone asking for advice, counsel and support regarding these issues

3 Shelter for women and kids Find Shelter/Housing Social Assistance/OW Primary Care Clinic ENGLISH CLASSES ON SATURDAYS School/Homework Thursdays and Fridays afternoon Clothing/furniture/food bank Ongoing groups for support and Information for women Settlement Services

4 Settlement Program Uprooted U: ACCESS TO EDUCATION bridging courses in partnership with York University. This is the first program of its kind in Canada that will allow precarious status students to pursue university degrees while paying domestic fees.

5 Settlement Program Anti - trafficking training program Root causes of trafficking What is Canada doing? Definitions, protection, legal options Case Studies Practical tips for service providers Possible Actions The Toronto Counter Human Trafficking Network (TCHTN) is committed to work towards the elimination of human trafficking in Canada and abroad, and to address the plight of trafficked persons through a holistic, human rights-based approach, focused on the needs of trafficked persons.

6 Immigration help and refugee support This component involves inland activities related to the refugee or immigration determination process: General Orientation Humanitarian and Compassionate application Refugee Process orientation BOC and narrative Hearing Prep. Ready Tour Refugee hearing representation Legal Aid/Referrals to Lawyer Work Permit/Work P Ext. PRRA P.R. applications and Family Reunification IRB Contact Change Address Amend TR Document RAD info-session RAD representation Judicial Review orientation Deportation Procedure IFH/Renewal of IFH Travel Document Human trafficking TRP Invitation letter Visa: orientation/visitor Visa/extension/student Follow up sponsorship /Breakdown Sponsorship Conditional PR Support Criminal Justice Support

7 Immigration & Refugee Support Alternatives to Detention FCJ Refugee Centre provides supporting housing and other services for people that are released from immigration detention (immigration and refugee support)

8 Popular Education Sharing information with another agencies: community centres -Connecting newcomer populations with up to date resources -Providing tools to navigate the legal and immigration process

9 PRESENTED BY

10 REFUGEE PROCESS REFUGEE REFORM CHALLENGES COMMON ISSUES REFUGEES FACE REFUGEE RIGHTS RESOURCES

11 Safe Third Country Agreement - An agreement with the U.S. where people who want to make a refugee claim must do so in the first safe country they arrive in - If you enter Canada at a land border from the United States, you cannot make a refugee claim in Canada - In some cases this rule does not apply (for example, if you have family in Canada).

12 Challenging the Safe Third Country Agreement The Canada-U.S. Safe Third Country Agreement (2004) requires people to apply for asylum in the first country where they arrive. STCA: is ineffective public policy Put people at risk The conditions for immigrants and refugees had changes More than 200 law professors signed an open letter in February, calling on Ottawa to withdraw from the pact.

13 Categories of Refugee Claimants Under the 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 and be allowed different rights based on their category.

14 Designated Countries of Origin (DCO): The Minister of Citizenship and Immigration can designate the countries of origin. This include countries that do not normally produce refugees, but do respect human rights and offer state protection. 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.

15 Designated Countries of Origin (DCO) - Impacts - Based on Minister s opinion - Creates discriminatory, two-tiered system - Disproportionate impact on refugees fleeing persecution based on gender, sexual orientation or ethnicity

16 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 accepted as persons in need of protection by the IRB.

17 Designated Foreign Nationals (DFN) - Impacts Arbitrary designation administrative convenience or suspicion of smuggling Punishes refugees for arriving in groups Punishes refugees for how they reached Canada Separates parents from children during one year detention Creates long-term family separation for Protected Persons Contrary to the UN Refugee Convention, which prohibits punishment of refugees for unlawful entry (Article 31)

18 Immigration and Refugee Board (IRB) Previously made up of people appointed by recommendation of the Minister of Citizenship and Immigration (Political appointment) Now anyone can apply and goes through a hiring process (very common public servants apply)

19 Refugee Process Procedure Inland claim (refugee claim made at an immigration office inside Canada): Non-DCO: Please Note: DCO timeline is shorter.

20 INLAND CLAIMS IRCC office in Canada IRCC 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 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.

21 PORT OF ENTRY (POE) CLAIMS 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 Basis of Claim Form (BOC)

22 ELIGIBILITY INTERVIEW Go to the interview on the date and time set, because it will NOT BE RESCHEDULED 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.

23 ELIGIBILITY INTERVIEW 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)

24 REGISTRATION: NEW READY TOUR FOR LEGACY CASES

25 CLAIM CONSIDERED INELIGIBLE 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.

26 Refugee Appeal Division (RAD) New appeal process for refugee claimants who receive a negative decision at the Refugee Protection Division of IRB Chance to prove the decision was wrong and present new evidence.

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28 Who can t appeal? s. 110(2) IRPA Several applicant groups barred access to RAD: Designated Foreign Nationals No Credible Basis (NCB) or Manifestly Unfounded (MUC) Safe Third Country Agreement Claim withdrawn or abandoned Claim referred to RPD before December 15, 2012 In July 2015, the Federal Court Struck down the Canadian government s ruling that refugees from DCOs cannot apply for an appeal to the RAD, stating that was unconstitutional

29 Historical Look at the Refugee Claims in Canada

30 Implementation of Announcements Notice on RPD Scheduling Short Hearing Process Expeditated Refugee Process Double- book date of hearing Scheduling legacy cases? New board members

31 Implementation of Announcements Bill C-6 has finally passed : the House of Commons and the Senate

32 OTHER CHANGES NEEDED

33 LEGAL AID CUTS The cuts will put at risk the lives of thousands of people seeking safety within Canada's borders. Due to this, the majority of our clients will be directly and seriously impacted by any cuts to Legal Aid. Community workers simply are not able to provide the legal support necessary for refugee claimants to succeed in finding protection in Canada. The mandates of our organizations are to support people who are at risk in finding protection. It is clear that legal representation is essential in this. Therefore, we cannot support any cuts to Legal Aid funding.

34 Legal aid cuts The Coalition of Service Providers for Refugee Claimants in Southern Ontario calls on the Federal and Provincial governments to immediately increase funding to Legal Aid Ontario (LAO) to ensure that serious cuts are not made to immigration and refugee law services. Due to budgetary constraints, Legal Aid Ontario is proposing cutting 40% of refugee and general immigration services beginning on July 1,, Such cuts will put at risk the lives of thousands of people seeking safety within Canada's borders. Even one life is one too many to be put at risk. The agencies of the Coalition are on the front line when it comes to responding to the needs of refugee claimants in Ontario. We, as service providers to refugees, support thousands of people each year as they navigate the complex refugee determination system. We also assist them in exercising their right to access legal representation. We see firsthand the critical role of proper legal representation in accessing justice.

35 CHALLENGES IN ACCESSING TO HEALTH SERVICES 1. A combination of lack of awareness and procedures 2. Discrimination 3. Easy access and quick reaction in emergency situations (fast access to services on emergencies) 4. Language barriers 5. Does not have the proper ID requirements (e.g. no eviction letter)

36 Dedicated Clinics for Uninsured Residents In response to the overwhelming need for healthcare services for uninsured individuals, healthcare providers have established community-based clinics that provide primary healthcare exclusively for uninsured residents. These clinics/services do not receive provincial funding to provide healthcare for uninsured patients. As a result, only onsite services can be provided at no cost. If other care is required, (e.g. diagnostic tests and referrals), costs will be borne by the patient or absorbed by the clinic. Informally, some clinics have special patient

37 Name of Clinic Immigrant Women s Health Centre Queen West Community Health Centre Multicultural Health and Community Services (Access Alliance) CLINICS Address Phone Hours of Operation 489 College Street, Suite 200, TO, ON, M6G 1A5 168 Bathurst St. TO, ON, M5V 2R4 761 Jane Street (at Woolner) on the 2 nd Floor P: (416) F: (416) P: (416) P: (416) Monday to Thursday 9:00am to 5:00pm Walk-in Saturdays 10:00am to 2:00pm Walk-in Mondays & Thursdays 4:00pm to 7:30pm Walk-in Name of Clinic Address Phone Hours of Operation Community 4158 Sheppard P: (647) Tuesday & Ave E, Toronto, Volunteer Clinic for ON M1S 1T3 F: (416) Thursdays the Medically Uninsured 5:00pm to 8:30pm Walk-in FCJ Refugee Centre Primary Care Clinic New Best Care Medical Centre EdgeWest: Healthcare for Youth 208 Oakwood Avenue, TO, ON, M6E 2V4 790 Burnhamthorpe West, Unit 4, Miss. ON, L5C 4G Davenport Road, TO, ON, M6N 1B7 P: (416) Saturdays (except long weekends) 10:00am to 1:00pm Tuesdays (twice a month) 5:30pm to 8:00pm By appointment only P: (647) Sundays 2:00pm to 5:00pm Fridays 4:00pm to 7:00pm By appointment P: (416) Mondays & Wednesdays 4:00pm to 8:00pm Saturdays 10:00am to 2:00pm Walk-In

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39 In cases of Violence, immigrant and refugee women have reported: Not knowing what their rights are under Canadian law. Did not know what legal help was available or how to access it. Were given inaccurate or not enough information. It is difficult to access legal aid and the forms are difficult to fill in.

40 I am a refugee claimant and am being abused... While you are a refugee claimant you have the same rights as a permanent resident: You cannot lose your claim based on leaving an abusive relationship. Your abuser cannot have you deported.

41 I am a Permanent Resident... You cannot lose your PR status if you leave an abusive relationship. Your abuser cannot have you deported. Safety First! Access shelter services or alternate living arrangements. You are entitled to Legal Aid and Ontario Works social assistance. Speak to an immigration lawyer or immigration/refugee centre to help clarify your entitlements.

42 what about if I have a joint refugee claim with my spouse? If you are a refugee claimant and have made a claim for refugee protection based on your spouse's situation, it may be difficult to succeed with your claim if you separate from your spouse/partner. you may be able to make your own claim for refugee status in Canada based on your own fear of persecution in your country. If you are in this situation, you should consult an immigration lawyer right away because it is important that you make your own refugee claim before any admissibility hearing SAFETY FIRST!

43 Sponsorship If I am being abused by my sponsor... A SPONSOR CANNOT FORCE CITIZENSHIP AND IMMIGRATION CANADA TO REMOVE YOU FROM CANADA. Safety First! Sponsorship agreements say that if you and/or your family members are being abused by the sponsor, you should go to a safe place. The sponsored spouse can file an application for child support or spousal support. There is not a conditional permanent resident any longer. The age of dependent child will be increased to 22 years of age in October 2017.

44 I am sponsored but am still waiting for my Permanent Residence application to be approved... If you have already left your sponsor or need to leave for safety reasons imply that the process is over. Eventhough Citizenship and Immigration Canada does not expect an abused woman to live in danger. Safety First! ---- Get legal advice right away! It is not recommended that you get legal advice from your partner/abuser s lawyer.

45 continued... Do not accept no to list your children in the application because we can do it after You can access a single women s shelter and/or family shelter if you have children. You can apply for a legal aid certificate to speak with a lawyer.

46 continued... Immigration officers are required to take H & C applications based on domestic violence seriously and also look at the best interest of the child if any are involved. However: Making an application for H & C grounds does not guarantee you will be able to stay in Canada while a decision is being made. If you have a removal order you can apply to the Federal Court to stay your removal. Get legal advice!

47 What if I have a removal order? In most cases if you are under a removal order you can apply for a Pre-removal Risk Assessment (PRRA). Get legal advice! PRRA: An evaluation done by the CIC to determine the risk to a person if removed from Canada. A person must not be removed to a country where their life would be at risk. Any person under a removal order can apply to the Minister of the CIC for a PRAA. Denied refugees need to wait for a `notice to appear` from the CBSA to go into one of its offices and receive the PRAA application.

48 Continued... For the PRRA, an officer will review the documents relating to your case and any other documents you provide. If you have already made a refugee claim only new or different evidence supporting you case will be considered. You cannot use the same evidence from your initial hearing. Get legal advice!

49 I am being abused and have temporary Status: Temporary status includes: Visitor Student Work permit Under the above categories of status you are not able to access legal aid and/or social assistance

50 Why are non-status women at a high risk of experiencing violence? Limited access to information, counselling, and other social services, if any. Calling the police in an emergency puts people with no status at risk of deportation, because the police have authority to arrest or detain someone on behalf of Immigration. If her partner is charged with assault this could be problematic for her. Without status you cannot easily access medical services.

51 Clarification of non-status Means that according to Immigration Canada you are not legally allowed to be in Canada and can be deported. It is recommended that you seek legal advice and follow through with what you are advised to do. There are some options but the outcome is not guaranteed.

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53 Social Assistance Legal Representation (LEGAL AID) ACCESS TO SERVICES Access to ESL Classes Schooling up to High School Applying for work permit (DCO after 180 days) Applying for SIN

54 Housing problems 1/3 family and friends 1/3 hostel/shelter 1/3 wherever they could find a place (motels, churches, stranger s house, park...) For incoming refugee families of up to 10 people to find a home that is affordable and a decent size is especially challenging. Over the past 25 years, the federal government has decreased funding for affordable housing by 46 per cent.

55 Housing Options for Refugees advantages and disadvantages of the following options. Use course readings and your own ideas when compiling your lists. A shelter for a newly-arrived refugee claimant A refugee house for a refugee claimant Sanctuary for a refused refugee claimant A family/friend house

56 COALITION OF SERVICE PROVIDERES

57 BARRIERS language lack of information Discrimination and exploitation uncertainty about the integrity of the justice system stress isolation Lack of childcare FCJ REFUGEE CENTRE

58 INTERSECTING IDENTITIES INCREASING VULNERABILITY Refugee Claimants often face greater discrimination compounded by other intersecting aspects of their identities, such as: Immigration status Language Ability Experiences with violence Gender Identity Sexual Identity Cultural barriers FCJ REFUGEE CENTRE

59 HOW TO PROVIDE A BETTER SERVICE SUGGESTIONS? Provide holistic care: for example when it is situation of vulnerable population (minor, senior, youth, etc.) there are other elements affecting them that have to be take in consideration. FCJ REFUGEE CENTRE

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