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June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  Yes. It provides a further 12-month delay before the PRRA is transferred to the board, but it makes no further changes with respect to the pre-removal risk assessment process. All of those provisions will have come into effect up to 24 months after royal assent.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  In terms of going from perhaps an H and C application that's denied and then having the opportunity to apply for refugee protection thereafter--is that the scenario you're talking of?

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  The transitional provisions with respect to humanitarian and compassionate considerations provide that the bar on access to an application on humanitarian and compassionate grounds after a refugee protection division decision does not apply during the period between the royal assent and the coming into force of the provisions with respect to the refugee appeal division.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  I'm not sure I understand the connection between H and C and PRRA, except currently they're both done by the same officer at the same time. But the person's rights on transition are that up to the point where the RAD provisions come into force, the person whose claim is rejected after royal assent will have access to H and C consideration if they wish to apply, and if they are subject to removal from Canada, they will have access to a pre-removal risk assessment.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  If a claim made today, or a claim made after royal assent up to the point of coming into force of the RAD provisions, is started, it will be transferred to the new process if the refugee protection division has not yet started to hear evidence with respect to that particular claim.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  --that would allow for the person to change their mind and go to the H and C.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  It's just a technical change.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  Are you talking about pre-removal risk assessment applications or more generally?

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  Basically, there is a series of provisions with respect to transition. There is a transitional provision with respect to humanitarian and compassionate considerations, which comes into effect on royal assent, with the two provisions I mentioned that provide for mitigation in the course of the transition up to the point where the RAD provisions come into force.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  No. You have to choose, but you have that period of up to 60 days from the date of the triage interview to effect your decision and act in either way.

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  Okay. The bill provides currently that all of the provisions with respect to humanitarian and compassionate considerations that are made in this bill come into force on royal assent. That is because there are no great infrastructures to be built in order to bring those provisions into law, so that's done immediately.

June 1st, 2010Committee meeting

John Butt

June 1st, 2010Committee meeting

John Butt

Citizenship and Immigration committee  The proposal says that if a person makes a claim for refugee protection, they can no longer apply for humanitarian and compassionate consideration. There is a proposal among the government motions for an exception for those persons who, prior to the hearing before the refugee protection division, recognize that they're in the wrong stream, that they should be applying for humanitarian and compassionate consideration.

June 1st, 2010Committee meeting

John Butt

June 1st, 2010Committee meeting

John Butt