Thank you for that comment.
I would like to make two clarifications, and I think it's very important to do so.
Of course, this is the kind of talk surrounding the issue of asylum seekers and refugees. We often hear people say that refugees should be protected and that asylum seekers are provided with less protection. You know as well as I do that the Geneva Convention was adopted in 1951 in a context where, at the time, the terminology issue was irrelevant. Refugees would arrive and automatically be granted refugee status. At the time, the context was very different. Over the years, a distinction has been made between asylum seekers and refugees because destination countries increasingly had to deal with asylum situations and, finally, when people would arrive on their soil, they were refugee status claimants. The fact is that the Geneva Convention only mentions refugees, but that is because, at the time, no distinction had been made between the two terms. It was a post-WWII context, and people were automatically considered as refugees under the convention. The distinction between asylum seekers and refugees was made over time, and determining refugee status has now become a long process.
Unless I am mistaken, you asked why it is illegal or unconstitutional in terms of international law to detain people in cases where information on their identity is lacking, and in other similar situations. You know very well, as do I, that immigration law comes under administrative law and that it's basically a law that allows procedures. Finally, the principle of administrative law is based on considerable discretion being exercised by decision-makers. Why was the system developed like that? Because those in charge thought immigration officers should have the authority to determine the merits of a claim, a situation, on a case-by-case basis. In fact, immigration law has so far been designed to allow immigration officers to make an assessment on a case-by-case basis when an individual comes before them. As a result, everyone is put in the same basket in that context, and that's where things become problematic.