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Citizenship and Immigration committee Mr. Chairman, I am a lawyer, but I'm out of my league on this one. I'm going to defer to the committee staff. I don't want to deflect the question, in a sense, but more importantly I don't want to mislead the committee. It's not an area I've worked on. I think it's more of a pa
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee And as Peter mentioned, that's consistent. That language is taken from the United Nations High Commission on Refugees EXCOM Conclusion No. 30.
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee It's hard to predetermine how the Refugee Protection Division would determine that. It would be up to the board member. But the test is in law that it's clearly fraudulent. That's as much as we can say today.
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee I can't speak for the Refugee Protection Division.
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee Yes, everyone will have access to judicial review.
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee Yes, they will have access to go to Federal Court, And for the two categories we were talking about, the manifestly unfounded and the safe country of origin, the difference is it could be proposed that they would not benefit from a legislative stay of removal. They could file the
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee Well, currently there is a legislative stay of removal for certain groups of people. From your Refugee Protection Division, if you're seeking judicial review you benefit from a legislative stay of removal. But as you said, for humanitarian and compassionate, you don't benefit fro
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee The key is it's defined in the definition. Is it clearly fraudulent...?
June 9th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee I'll just very quickly add that with regard to the notions of relevance and reasonableness, there is a subjective element to them. To say if it's relevant or reasonable--it's not that clean a line.
June 1st, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee The Interpretation Act governs this situation, and it comes into force on royal assent.
June 1st, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee I would add that currently the legal structure is that the PRRA officer is a delegate of the minister, so that will change, obviously.
June 1st, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee Just very briefly, I think some witnesses may have suggested that there are going to be 200 countries in the world either on the safe country list or the “not safe” country list. That, I think, is part of the confusion. That's not the policy objective.
May 27th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee No, I think it's higher than that. I don't have the percentages, but--
May 27th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee I have not seen official statistics, but my sense is that it's a lot higher than 1%.
May 27th, 2010Committee meeting
Luke Morton
Citizenship and Immigration committee I'm not even confident to say it's that low.
May 27th, 2010Committee meeting
Luke Morton