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 New Refugee System Comes Into Force December 15, 2012

Canada’s new asylum system, which was included in the Protecting Canada’s Immigration System Act, will come into force on December 15, 2012.

Under the new system, asylum claimants will receive a hearing within 60 days after their claim is referred to the IRB.

Most applicants will have access to a newly-created Refugee Appeal Division (RAD).

Failed asylum claimants from countries that have a history of producing genuine refugees will have the benefit of this full fact-based appeal. The new RAD will have the authority to reverse a negative decision by the IRB, if the evidence compels it.

For claimants from countries that do not normally produce refugees, their claims will be expedited, but they will still receive the same individualized hearing that all asylum claimants currently receive.

The new measures allow the government to identify designated countries of origin (DCOs). Asylum claims from these presumptively “safe” countries, which respect human rights and offer state protection, will be processed on an accelerated basis. This means that, for DCO claimants, hearings will be held within 30 or 45 days, depending on whether the asylum claim was made at an inland CIC office or at a port of entry.

Under the new system, failed asylum claimants will be removed from Canada within a year of their final IRB decision.

The new asylum system also expands provisions that bar serious criminals from even being able to make asylum claims.

 

Click here for Summary of Changes to Canada’s Asylum System

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