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Canadian Immigration Blog


Proposed Changes to Refugee System

February 17, 2012
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Proposed Changes to Refugee System

 

As CIC moved to implement the Balance Refugee Reform Act, they realized further changes were needed.

Various objectives of the proposed changes:

A)    To accelerate processing and decision making

–       Streamline the front end: therefore no more interviews as per Balanced Act but paper based presentation

–       Delays back to short timelines, something we opposed and was negotiated to obtain a consensus, namely

  • Designated country of origin (DCO) applicants at point of entry: 45 days
  • DCO applicants requesting inland: 30 days
  • non DCO: 60 days (instead of 105)
  • Refugee Appeal Division (RAD) decision: 90 days (instead of 120)

–       Designated country of origin (DCO): criteria will be in legislation but the Minister decides

–       No access to Refugee Appeal Division (RAD) for certain applicants

B)    To limit access to post-claim recourses

–       No access to H&C during 1 year for failed claimants

–       No concurrent filing of H&C and refugee allowed (one must choose)

–       Streamlining of PRAA process

C)    Accelerate removal

–       Some applicants would have no automatic deferral of removal when appealing therefore they could be removed even when appealing

–       CBSA will increase the scope of the pilot project for voluntary departure

D)     Limiting access to the refugee determination process

–      Serious criminality would bar access

–       If a protected person looses the protected person status, they would automatically loose permanent resident status, instead of the current 2 step process

E)    Removing incentives to abuse the system

–       Claimants from DCO will not be eligible to have a work permit while application is pending, unless 180 days has gone by without a decision (or claim approved)

Contact us today to see how these changes could affect you!

 

 


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