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Citizenship and Immigration committee  Thank you very much.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  Thank you very much. Members of the committee, it's a pleasure to speak with you this afternoon. I'm a lawyer. I used to be a member of the Immigration Appeal Board and assistant deputy chair of the Immigration and Refugee Board. I'm speaking to you from a perspective both as an

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  —but up to now the track record of prosecutions has not been great.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  It's been quite dismal.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  I have only a couple more comments.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  One comment is about detentions. I would ask the committee to look at section 82 of IRPA dealing with the Federal Court on security matters in terms of the detention regime there. That should be more than sufficient. I think a one-year detention is excessive. Finally, a commen

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  I apologize for being slightly over time. Thank you very much for allowing me the opportunity.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  Yes. I stand by that statement.

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  Yes. In my judgment it is, as long as the minister follows transparent criteria. There are countries—Europe, the United States, Australia, New Zealand—where they have similar systems to ours. They have similar refugee determination systems to ours. Claimants from those countries

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  It should improve the process because you're eliminating the avenue in terms of recourse to the Federal Court, in the sense that you're limiting them to the Federal Court. They don't have access to RAD. You've removed the regulatory stay provisions. People who lose their refuge

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  Yes, because more resources would be devoted to that system. They would have the benefit of RAD as well; therefore, the Immigration and Refugee Board would be able to catch those mistakes because they have the power to substitute decision-making. Where there are mistakes made at

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  In my judgment, they are fair in terms of the criteria. Where I have a problem is that the minister is proposing to simply issue an order that will be published in the Gazette. In my judgment, that's not sufficient. The approach to designated countries of origin should be akin t

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  First of all, it's an access system for everyone. Everyone accesses it, whether they have manifestly founded claims or manifestly unfounded claims. You have a system that goes through a refugee determination process at the first instance, which would occur here. The only differen

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  In my judgment, the criteria are sufficient. The process of designating the country, or part of it, or a group of nationals is not adequate. As I indicated in my previous remarks, a process akin to regulatory changes allowing for public comment as a pre-publication in the Gazette

May 1st, 2012Committee meeting

Andrew Wlodyka

Citizenship and Immigration committee  Are you directing your remarks to me?

May 1st, 2012Committee meeting

Andrew Wlodyka