Evidence of meeting #42 for Citizenship and Immigration in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.
A recording is available from Parliament.
1:50 p.m.
Conservative
Rick Dykstra Conservative St. Catharines, ON
Thank you. This is proof positive that the government is listening and has acted.
Perhaps, because it is a technical amendment, Ms. Irish wouldn't mind commenting on the reason for the technical amendment.
1:55 p.m.
Director, Asylum Policy and Programs, Department of Citizenship and Immigration
Thank you.
I would ask Warren Woods to address the question.
1:55 p.m.
Warren Woods Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
Thank you. I'm happy to speak to this.
This is a technical clarification. It's meant to provide the Minister of Citizenship and Immigration with clarity as to when he has an obligation to decide a humanitarian and compassionate application. In the case of foreign nationals, the minister would not have an obligation to decide the application once a refugee claim has been made to the Immigration and Refugee Board. That's the first part, the (b) part.
Paragraph (c) further clarifies that once the Immigration and Refugee Board has made a final determination of the claim, be it at the Refugee Protection Division or the Refugee Appeal Division, there is a 12-month waiting period before the claimant could requalify for humanitarian and compassionate consideration.
Thank you.
1:55 p.m.
Conservative
The Chair Conservative David Tilson
You're probably getting a little bit ahead of yourself, but we do that all the time.
Mr. Dykstra, do you have any further comments? Is there any further debate?
Mr. Lamoureux.
1:55 p.m.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
How does that change what the legislation currently says? What's the actual change?
1:55 p.m.
Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
On the first part, it changes nothing, but it's a clarification. Under paragraph (b), the words “the Refugee Appeal Division” have been added to clarify that a person may not access the humanitarian and compassionate process until that division has finally determined the appeal against them. The previous wording in the bill has less clarity on that, but that was the direction.
1:55 p.m.
NDP
Jinny Sims NDP Newton—North Delta, BC
I have a question of clarification for Mr. Dykstra or anybody else who wants to answer it.
Would this change affect a person who has a case going before the Refugee Appeal Division? While that is going on, would the minister still then accept an application for humanitarian and compassionate grounds?
1:55 p.m.
Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
Yes.
The answer is no, because the claim is still technically pending before the Refugee Appeal Division of the IRB. When it is concluded there, that's when the application could proceed.
It's when the 12-month legislative prohibition commences. It doesn't commence at the end of the RPD's decision on the claim. The 12-month bar commences at the appeal determination by the RAD. It's the later of the two divisions where the 12-month time starts to count.
1:55 p.m.
NDP
Jinny Sims NDP Newton—North Delta, BC
Let me just be clear. If I come in as a refugee and am designated, I go before the Refugee Appeal Division, and then there is no way at that time that I can file under humanitarian and compassionate grounds.
1:55 p.m.
Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
You can file, but the minister does not have an obligation to consider the application.
1:55 p.m.
Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
That's the structure of the act.
1:55 p.m.
NDP
Jinny Sims NDP Newton—North Delta, BC
Thank you.
So it's very clear that no is the answer, because if the minister's not required to look at it and there is no obligation on the minister, then that right doesn't exist for the designated foreign national.
2 p.m.
Conservative
Rick Dykstra Conservative St. Catharines, ON
It doesn't exist until after the 12-month period has elapsed from the person's rejection of their claim and/or their appeal.
2 p.m.
NDP
Jinny Sims NDP Newton—North Delta, BC
So that 12-month period during that does not apply. I think we're in agreement with that one--not in agreement with your intent, but agreement with the way you've explained that's what it says.
2 p.m.
Conservative
The Chair Conservative David Tilson
Mr. Lamoureux, very quickly. The bells are ringing, and we don't want to miss the national anthem.
2 p.m.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
I'm with you, Mr. Chair.
Just so I'm perfectly clear myself on the clarification that has been provided, the essence of the bill is that you can put in an application for humanitarian and compassionate grounds virtually the day you arrive, but it cannot be looked at until 12 months after a final decision was made by the Refugee Appeal Division. Is that a fair assessment?
2 p.m.
Manager, Asylum Policy and Programs, Department of Citizenship and Immigration
It's even a bit more nuanced than that.
When a foreign national arrives in Canada, he can apply for humanitarian and compassionate consideration under this bill, and that application has to be considered by the minister.
Once the foreign national tries to enter into the refugee process and makes a refugee claim, he or she has to make a choice as to which process to pursue, whether the refugee stream or the humanitarian and compassionate stream.
If for example he initially enters a refugee claim and the IRB hears what's referred to in the legislation as substantive evidence, the hearing of testimony, that means the minister does not have an obligation to consider an application for humanitarian and compassionate.
2 p.m.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Thank you.
It does make sense.
(Amendment agreed to on division) [See Minutes of Proceedings]
2 p.m.
Conservative
The Chair Conservative David Tilson
We will leave off. We will start with NDP amendment 7 when we return at 3:30.
You may leave your materials here. The room will be secure, and I've been assured nothing will be touched.
The meeting is adjourned.