I'll try to do that.
Thank you, Mr. Chairman.
May I start by introducing my two colleagues?
Micheline Aucoin is the director general of refugee affairs in the department, and Luke Morton is senior counsel in our legal services unit.
Let me start by thanking you for the opportunity to appear before the committee to discuss Bill C-291.
As members of this committee are aware, the Government of Canada is a firm supporter of the humanitarian dimensions of our immigration program. However, it does not support this proposed legislation. Although a lot of time and a lot of words have been expended so far on the proposed refugee appeal division, the government's position can be articulated quite simply. If Bill C-291 is passed into law, it will not help address the challenges facing the refugee status determination system, and in fact it will likely hinder the system.
As I will argue below, a system with multiple review and appeal points does not need another one. Indeed, the excessive delays found in the current system may to some extent seem to benefit individual applicants. In point of fact, I do not think this is the case, as the system spends far too much time dealing with applicants with little or no claim, to the detriment of those who have a real claim to make and who we have a responsibility to deal with in a reasonable timeframe.
Every year, Canada takes in nearly 250,000 new permanent residents who adopt the Canadian values of freedom, democracy, respect for human rights and the rule of law. They include thousands of refugees attracted by our values and the chance to start new lives. In the past three years alone, more than 80,000 refugees from around the world have been accepted through the Refugee Resettlement Program and Canada's refugee system. In fact, Canada is one of the three countries in the western world that admits the most refugees for resettlement purposes. We also know that the number of refugee claimants in Canada has risen at a higher rate than in most other countries of the world.
In 2008 there were almost 37,000 new refugee claims, as compared to over 28,500 in 2007. This represents an almost 29% increase in refugee claims. A recent United Nations report indicated that the percentage increase of refugee claims for Canada is almost three times the average of the 51 countries they studied. The welcome we extend has given us an international reputation as a champion of human dignity. Nevertheless, Mr. Chairman, this is a system under serious pressure. It is becoming clear that our refugee protection system, while recognized internationally as one of the fairest and most generous in the world, faces a number of challenges.
We know our in-Canada refugee status determination system is complex and can be slow. At the moment, even the most straightforward refugee claim takes far too long to be resolved. But it is the large and growing number of unfounded claims that is putting an incredible strain on our system. For instance, lately there's been a sharp increase in the number of asylum seekers from other countries with relatively low acceptance rates at the Immigration and Refugee Board. Mexico is a good example: almost 90% of claims from Mexican nationals were not accepted by the IRB last year. In fact, and it's important to remember this, last year only 42% of all refugee claims were found by the board to be valid.
We need to consider whether this is an efficient use of resources, or if unfounded claims are bogging down the system and slowing the process for those who truly need Canada's protection. In this context, I want to stress that even without Monsieur St-Cyr's proposed refugee appeal division, Canada's refugee status determination system meets all the requirements of the charter and all of Canada's international legal obligations.
Mr. Chairman, the government has maintained it is committed to exploring options to improve the refugee status determination process so it can better assist the people it was designed to protect and who Canadians want to protect. The question is whether Bill C-291 is the way to go.
Failed refugee claimants already have access to three recourse mechanisms that ensure no one is removed from Canada before all aspects of their case have been thoroughly reviewed. These failed refugee claimants can apply for leave to the Federal Court for judicial review, they can apply for pre-removal risk assessment, and they can apply for permanent residence on humanitarian and compassionate grounds. Indeed, these recourses are often available to applicants two, three, or more times.
I'd like to say a couple of words on the comprehensiveness of the judicial review available to failed claimants. You'll remember that Monsieur St-Cyr emphasized this aspect as well. It is sometimes asserted that the Federal Court does not review the decisions of the refugee protection division on the basis of errors of fact. This contention is not supported by the law, or by Federal Court jurisprudence. Parliament has given the Federal Court legislative authority to overturn a tribunal decision on several grounds, including an erroneous finding of fact that is made in a perverse or capricious manner without regard to the material before it. There are numerous examples in the jurisprudence where the Federal Court has remitted a matter to the refugee protection division on the basis of an erroneous finding of fact.
The point I'm trying to make here, Mr. Chairman, is that the Federal Court is a comprehensive appeal body from the refugee protection division. The Federal Court can review matters of law, matters of fact, and mixed matters of fact in law. It is in fact the appeal body Mr. St-Cyr is talking about in a different mode.
Implementation of the proposed bill would add an additional review stage that would further extend the process. In addition, Bill C-291 proposes only a paper review of refugee claims refused on questions of fact and law. It provides for neither the introduction of new evidence nor a hearing in person.
However, it will no doubt have the effect of increasing costs and further slowing an already overloaded system. The cost associated with the implementation of the Refugee Appeal Division is estimated at some tens of millions of dollars in addition to permanent annual costs that will have to borne by the federal government and provincial governments. In addition, it would extend the processing time for the files of refused claimants by at least five months.
Mr. Chairman, the fact that many refugee claimants are not genuine refugees offers food for thought. This means that we are devoting a large portion of our time to processing claims filed by individuals who are not genuine refugees and who are ultimately refused. As I've already said, our ability to assist individuals who are genuinely in need of help is thereby further reduced.
Minister Kenney has stated that he wants to look at changing the system as a whole. We submit that implementing the refugee appeal division at this time would complicate efforts to improve the efficiency and effectiveness of the refugee status determination system and would make the existing system more cumbersome. I would therefore ask members of this committee not to proceed with Bill C-291.
Mr. Chairman, thank you. I would be pleased to try to answer any questions the committee might have.