I will do so, sir, thank you.
This paper will focus on Bill C-11's positive contributions to amend the Immigration and Refugee Protection Act and the Federal Courts Act for immigration. This paper does not purport to answer or attest to all aspects of the bill. Other critical details and clauses will be left to our policy-makers, legal professionals, expert commentators, and stakeholders who have a much deeper and profound grasp on the details of the bill.
It is generally agreed that Canada's current asylum system is too slow. It can take many, many years to finalize a claim, and the average time required is about 18 months for a first decision at the IRB because of backlogs. Many refused claimants carry on for years waiting for their issues to be addressed. The delays hurt authentic claims, and spurious claims are detrimental to and further impede this process. The focus must be on obligations to protect individuals fleeing from violence and persecution. This should be done in a timely, honest, and measured but deliberate fashion.
The current system takes far too long. The new bill provides for a much speedier hearing. It is important that refugee claimants be granted status as quickly as possible, as deemed by the IRB. The quicker the hearing, the less likely for false claims and the sooner the claimants can get settled in Canada. The fewer people making false claims, the less likely the system will get clogged or backed up. This is another positive feature of the proposed bill.
Other strengths include access to a system whereby refugees are allowed an opportunity to speak of their situation. Many countries do not allow this. Access allows for fewer people going underground or remaining illegally in Canada. The incentive is for refugees to claim status so they are known to officials. The government can identify claimants easily and this can deter the temptation to go underground.
First-level decisions by the IRB are another strength. They have access to good resources with regard to information about other countries, careful procedures, and refugees get a full and fair opportunity to tell their story. If a claim is accepted, then refugees are permitted to have permanent status. Other countries do not allow refugees to acquire full status as citizens of their host country even when their claims are accepted. Once permanent status has been granted, individuals can set down roots and call Canada home.
The proposed new asylum system would include a refugee appeal division at the IRB. The appeal process would allow new evidence to be introduced if it were not available at the initial IRB hearing. All failed claimants, including those from designated safe countries of origin, would continue to be able to ask the Federal Court to review a negative decision. The idea of being able to introduce new evidence not available at the initial interview allows for a great opportunity to enhance one's case.
Making refugee decisions is an incredibly difficult task. To meet this challenge, a reformed system needs to be based upon the following three pillars: a good first decision, a reliable appeal, and the prompt removal of failed claimants.
Our recommendations are that the IRB place highly trained, skilled, and experienced staff at the tribunal to make sound first decisions; that the IRB undertake a regular review of what are considered to be safe countries; that the CBSA remove false claimants in a timely fashion; and finally that the IRB has discretion to extend the timelines in exceptional circumstances.
Thank you, Mr. Chair and committee.
