Yes. Thank you, Chair.
I move that Bill C-12, in clause 47, be amended by replacing line 37 on page 21 to line 6 on page 22 with the following:
104.1(1) For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division
(a) in the case of a new claim, must not commence consideration of the claim; or
(b) in the case of an ongoing claim where the person returns to their country of origin, must deem the claim to have been abandoned.
(2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division
(a) in the case of a new appeal, must not commence consideration of the appeal, other than an appeal by the Minister; or
(b) in the case of an ongoing appeal where the person returns to their country of origin, must deem the claim to have been abandoned.
Again, I'm making some of the arguments I made earlier tonight. If somebody comes to Canada and if they say that they need refugee status—that they are seeking asylum in Canada because they are going to face persecution in their home country—then I can't think of a circumstance, and I don't think a lot of Canadians could either, in which someone would say that they can go back to their home country and let the claim proceed.
It seems like a loophole you could drive a truck through. I think it also encourages the abuse of the asylum system. Colleagues, we need to find ways to reduce the abuse of the asylum system and also find disincentives for people making essentially bogus claims.
If somebody is persecuted enough that they have to stay in Canada to make their claim, then I get that. However, if they make an argument that they can go back for any manner of issues, then I would argue that it's probably not a legitimate asylum claimant. That is something that Parliament has the purview to decide.
I think we need to start setting some clear boundaries on the abuse of the asylum system. I hope that colleagues will support this common-sense amendment. If somebody claims refugee status and returns to the country that they are claiming refugee status from, then perhaps we should determine that they do not need Canadian asylum status.
Thank you.