Thank you, Mr. Chair.
With respect to amendment NDP-16, Mr. Chair, I believe the emphasis has to be placed on the importance of the right to appeal in our immigration system. The establishment of the Refugee Appeal Division, the RAD, is a welcome step in the refugee determination system, and it takes its creation from Bill C-11.
We've heard from many witnesses that unfortunately mistakes can be made at the IRB. We heard that an unintended consequence of the expedited claims is that more mistakes may be made. Also, new information may come to light, and without access to the RAD, the Refugee Appeal Division, this information may not be allowed to be heard. The consequence of these negative decisions can be someone's life. The RAD is a precautionary safeguard, and it is for this reason that this bar is dangerous.
We have said time and time again that an asylum seeker's mode of arrival should not determine how we treat them. Mode of arrival, how somebody comes to this country, shouldn't designate them as a second-class refugee. A mode of arrival has no bearing on mistakes that can be made in the determination process.
A judicial review is unfortunately not good enough for this, as new facts may come to light. We need to ensure that there is an accessible safeguard mechanism in place to remedy any error. This bar undermines our international obligations to refugee claimants.
The Refugee Appeal Division should be accessible for all types of claimants.
Thank you, Mr. Chair.