CITIZENSHIP & IMMIGRATION CHANGES Supported by Law Foundation s Access to Justice Fund
FCJ REFUGEE CENTRE Walking with uprooted people Who we are: non-profit organization which serves refugees and others at risk due to their immigration status We welcome anyone asking for advice, counsel and support
REFUGEE PROCESS REFUGEE REFORM CHALLENGES COMMON ISSUES REFUGEES FACE REFUGEE RIGHTS RESOURCES
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. WWW.FCJREFUGEECENTRE.ORG
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 Countries can be designated on the basis of quantitative factors: a rejection rate of at least 75% or a withdrawn and abandoned rate of at least 60%, or on the basis of the Minister s opinion that the country has an independent judiciary, democratic rights, etc. WWW.FCJREFUGEECENTRE.ORG
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 WWW.FCJREFUGEECENTRE.ORG
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. WWW.FCJREFUGEECENTRE.ORG
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) WWW.FCJREFUGEECENTRE.ORG
Immigration and Refugee Board (IRB) Previously made up of people appointed by recommendation of the Minister of Citizenship and Immigration Now made up of PUBLIC SERVANTS WWW.FCJREFUGEECENTRE.ORG
New Refugee Process Procedure cont. Inland claim (refugee claim made at an immigration office inside Canada): Non-DCO: Please Note: DCO timeline is shorter. See http://www.fcjrefugeecentre.org/canadas-refugeeprocess/summary-of-the-process/ for more information
INLAND CLAIMS CIC office 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 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. WWW.FCJREFUGEECENTRE.ORG
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 WWW.FCJREFUGEECENTRE.ORG
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. WWW.FCJREFUGEECENTRE.ORG
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) WWW.FCJREFUGEECENTRE.ORG
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. WWW.FCJREFUGEECENTRE.ORG
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 Claimants in DCO and DFN categories are not eligible, nor are some Regular claimants WWW.FCJREFUGEECENTRE.ORG
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
Conceptual Changes to Refugee Policy Judicial Review is still available, but there is no stay of removal for DCO or DFN claimants
Conceptual Changes to Refugee Policy: Loss of Permanent Resident Status Refugees can now lose their permanent residence status due to the cessation of their refugee status. Cessation means a convention refugee no longer needs protection due to rehabilitation to their country of origin. Policy is retroactive stop only if the persons is a Canadian citizen. There is no access to appeal. Imminent removal after cessation. WWW.FCJREFUGEECENTRE.ORG
Pre-Removal Risk Assessment Under the new system, the access to the PRRA will be as follows: Applicants are NOT eligible for the PRRA for one year (12 months): following a final negative refugee claim decision by the IRB (rejection at the RAD, or at RPD if applicants did not go to the RAD or a negative PRRA decision. The ban on PRRA application is extended to 36 months if applicants are from a Designated Country of Origin (DCO).
Application for Canadian Citizenship New processing fee ($530) plus the Right of Citizenship fee ($100), for a total of $630 Other changes: 4 out of 6 of the last years, time spent before residency does not accumulate towards 4 years Intention to Reside in Canada must be declared prior to being granted citizenship Applicability of Knowledge & Language Test Application for citizenship are use for cessation
Revocation of Citizenship Allows Canada to revoke citizenship of dual-citizens who have committed certain actions in Canada or abroad: TBD by Minister, HWVR FC determination is based on war crimes, crimes against humanity, security issues, human rights violations, and organized criminality Membership in group engaged in armed conflict against Canada (ie. ISIS fighters.)
Increase in Penalties for Faulty Info o Misrepresentation (fraudulent or negligent) leading to citizenship bars application for 5 years oforeign Criminality: PRs who have been convicted abroad are barred indefinitely from applying for Citizenship oincome Tax Requirement: Applicants must file under the Income Tax Act to be eligible
FCJ Refugee Centre 208 Oakwood Ave. Toronto, ON M6B 2V4 www.fcjrefugeecentre.org FCJ Refugee Centre Supported by: 26
Humanitarian & Compassioned Application -Refused claimants must wait for 12 months before applying for H&C. -Claimants from safe countries or DCO have to wait for 36 months before applying for H&C. -If an H&C application is submitted and the applicants are removed or leave Canada, the application is sent back. -It is not possible to include dependence in the H&C application if they are outside Canada.
Humanitarian & Compassioned Application -An inland application for permanent residence -Decided by CIC officers at the local office -Can apply at any time -The H&C is totally discretionary This means no claim is certain.
H&C supporting documents A. HARDSHIP 1. Establishment in the Country 2. Financial establishment 3. Community and Volunteer Involvement 4. Ties to Canada and separation of relatives 5. Medical Inadequacies This is relevant only if you have a medical condition for which treatment is not adequate in your country of origin.
H&C supporting documents 6. Discrimination and Harassment Only if applicable 7. Economic Hardship 8. Condition in the Country of Origin B. BEST INTEREST OF THE CHILDREN
SPONSORSHIP CHANGE: Five-year sponsorship bar for persons who were previously sponsored to come to Canada as a spouse or common-law partner As of June 10, 2015, an individual who has ben previously sponsored as a spouse, common-law partner or conjugal partner cannot sponsor a foreign national as a spouse, common-law partner or conjugal partner within five years of becoming a permanent resident, or a Canadian Citizen, or both CHANGE: New Conditional Permanent Residence Measure After Oct 25, 2012 sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada
SPONSORSHIP (cont.) CHANGE: Inland Spousal Sponsorship Open Work Permits Applicants making an Inland application (while residing in Canada) for permanent immigration to Canada may now be issued open work permits before the approval in principle decision has been made on their application. Until now, several inland applicants who had been able to join their spouses in Canada were unable to work in Canada for extended periods of time while awaiting confirmation of their permanent resident status causing emotional and financial hardships for many Inland applicants and their families.
Sponsoring Dependent Children Effective August 1, 2014: The definition of a dependent child has changed. A dependent child must be under 19 years of age, instead of the previous limit of under 22 years of age. The exception for full-time students has been removed. Applicants children who are 19 or over but are financially dependent on their parents and are enrolled in full-time studies are no longer eligible to be processed as dependent children. For applicants who submit any sponsorship application and/or permanent resident application on or after this date, the proposed new definition for dependent child applies.
a) Do not have unconditional permanent residence in Canada b) May possess some form of immigration status, but imposed with specific conditions and parameters c) May not have any formally recognized status in Canada
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 www.fcjrefugeecentre.org
First Night for Refugees 1. Family and friends 2. Hostel/shelter: Emergency Shelters 3. Wherever they could find a place (motels, churches, stranger s house, park...)
Housing Options for Refugees In groups discuss the advantages and disadvantages of the following options. Use course readings and your own ideas when compiling your lists. 1. A shelter for a newly-arrived refugee claimant 2. A refugee house for a refugee claimant 3. Sanctuary for a refused refugee claimant (Toronto and Hamilton)
Access to health care 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. 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: http://www.cic.gc.ca/english/information/applications/ifh.asp www.fcjrefugeecentre.org
FCJ Refugee Centre