Evidence of meeting #7 for Citizenship and Immigration in the 39th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was safe.
Chairperson, Immigration and Refugee Board of Canada
It's been brought to my attention that safe third is only between Canada and the States. But in Europe, I think it's in 2008 where they will have the minimum number of refugees.
We don't have safe third with Europe.
Conservative
The Chair Conservative Norman Doyle
Would an individual with a criminal record have access to the refugee system, or would that be determined by CIC?
Chairperson, Immigration and Refugee Board of Canada
In all probability the CIC would not refer them to us.
Chairperson, Immigration and Refugee Board of Canada
No, because all of the screening would have been done, and if there is any reason to believe there is criminality or what have you, they are not referred to us.
Conservative
The Chair Conservative Norman Doyle
What happens to the cases that are rejected? Do they automatically leave the country? Could you tell me a little bit about that?
Chairperson, Immigration and Refugee Board of Canada
Oh, I think you'd have to ask the agency. Mr. Chair, once we make and render a decision, the documents are referred back to the ministries.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
I want to talk to you about the Safe Third Country Agreement. This agreement came into force on December 29, 2004. A report was supposed to be tabled after one year. We are still waiting for this report.
Chairperson, Immigration and Refugee Board of Canada
I welcome your question. Foreign Service, the department and the United Nations entered into this agreement. I read the testimony provided by the department last week, stating that it expected to have the assessment shortly.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
A commissioner has all the independence needed to make a decision, except that his power is discretionary.Should he exercise his discretionary power he must so report to the chairperson.
Correct me if I'm wrong but could this discretionary power act as an impediment, since it could put pressure on the commissioner with regard to a future evaluation? Is this discretionary power used often?
Chairperson, Immigration and Refugee Board of Canada
No.
I want to make sure I clearly understand what you mean by “discretionary power”.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
If the commissioner deems it necessary, he may use it.
Chairperson, Immigration and Refugee Board of Canada
At the decision-making level.
Chairperson, Immigration and Refugee Board of Canada
He can do it based on the convention or the legislation.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
If he goes beyond this, he must so report to the chairperson.
Chairperson, Immigration and Refugee Board of Canada
No, meaning those making the decisions.
Our commissioners undergo an evaluation process to ensure that they have received the necessary training and to meet their needs, should they have any. The way they make their decisions, positive or negative, has no impact on my decision to recommend that the government renew a commissioner's mandate.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
So, since I love statistics, would it be possible to get a breakdown of the decisions, both positive and negative, made by each commissioner in each region?
Chairperson, Immigration and Refugee Board of Canada
We simply wanted to mention that the decision-makers are responsible for different countries, different regions. So, it is extremely difficult to compare one commissioner to another in terms of percentage. However, there have been access information requests, and we have provided information on each commissioner pursuant to the legislation.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
Mr. Fleury, is it possible for a claimant to file a complaint about the quality of the process, irrespective of the result? For example, if an applicant feels adversely affected by the process or that someone working within the framework of the process did not show him proper respect, could the claimant file a complaint?
Chairperson, Immigration and Refugee Board of Canada
We have an internal complaints process. Complaints may be filed by defence lawyers or by individuals. I ask complainants to consider the merits of their complaint, etc., and I make a decision based on whether that complaint is founded or not. The number of complaints is published each year in our report to Parliament. Individuals' names are not mentioned, obviously.
Bloc
Chairperson, Immigration and Refugee Board of Canada
C'est cela.