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General Questions about Immigrating to Canada
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Answers
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Is Canada welcoming to foreigners?
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A.
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Absolutely! Canada is well recognized around the world for
opening its doors to immigrants looking for a better quality of life. Canada
is a country built by immigrants. It is officially a multicultural country
and holds two official languages, English and French. Each year, an average
of 220,000 individuals immigrate to Canada, and 160,000 become Canadian
citizens.
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2.
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Why should I consider Canada as a country to immigrate to?
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A.
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The following are among the most common reasons why
immigrants are attracted to Canada:
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3.
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Where can I find application forms and guides to apply for
permanent Canadian residency?
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You can download all the forms and guides you need to
complete your application from Citizenship and Immigration Canada's website.
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4.
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What is the difference between a Permanent Canadian
Resident and a Canadian Citizen?
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As a permanent resident, you have the right to live in
Canada forever. You must live in Canada 2 out of every 5 years to maintain
your PR residency status. As a permanent resident, you benefit from most of
the rights and freedoms guaranteed under the Canadian Charter of Rights and
Freedoms, such as free social assistance, free education, universal health
care, and the right to live and work anywhere in Canada. However you do not
have the right to vote and hold a Canadian passport. After being a permanent
resident for 3 years, you can apply to be a Canadian citizen.
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As a Canadian citizen, you enjoy all rights and freedoms
bestowed on Canadians by the Charter of Rights and Freedoms, including the
right to vote, to participate in political activities and to run for
political office. You may also apply for a Canadian passport.
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Both permanent residents and Canadian citizens must pay
Canadian taxes.
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5.
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What's the difference between someone who has immigration
status, and someone who has permanent residency status?
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There is no difference. Both terms are used
interchangeably. However, Citizenship and Immigration Canada uses the term
permanent residence.
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What is Citizenship and Immigration Canada?
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The Department of Citizenship and Immigration Canada is a
branch of the federal government that overseas immigration and citizenship
issues. It is responsible for establishing policy, processing applications
for permanent and temporary visas, citizenship as well as refugee
applications. It's mandate is to link citizenship registration with
immigration services, to promote ideals shared by Canadians and to help build
a stronger Canada.
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How can I qualify to become a permanent resident?
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There are specific categories through which to apply to
become a permanent resident. Each one has its own set of eligibility criteria
and procedures. These include: Family Sponsorship, Skilled Workers Class,
Business Class, Experience Class, the Provincial Nominee Program and Refugee
claims.
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Do I apply to the province in which I want to live or to
the Federal Government?
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Unless you are applying to the Provincial Nominee Program,
you apply to Citizenship and Immigration Canada, which is a national
organization. Being approved as a permanent resident by CIC allows you to
work and live in any province or territory you choose, except for Québec,
which has its own unique application process. If you are applying to work and
live in a specific province, you can apply directly to it through the
Provincial Nominee Program. If the province approves your application, they
will nominate you for permanent residency to Citizenship and Immigration
Canada, to which you will have to apply.
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What is the Year 2/5 rule?
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Your permanent resident card is valid for 5 years, and
will be renewed continuously after that. However, Canadian immigration law
stipulates that you must live in Canada for 2 out of the 5 years. It does not
matter if this time is consecutive or happens intermittently. You may live
abroad for 3 out of each 5 year period, and again, you may divide this time
as you would like.
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What is the difference between an immigration visa and a
work permit?
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An immigration visa is another term for permanent
residency. It allows you to stay in Canada indefinitely. A work permit is
only valid for a pre-determined number of years. Once it expires, you must
leave Canada, or apply to be a permanent resident through the Experience
Class.
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Can I apply for an immigration visa and a work visa at the
same time?
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Yes you can. Citizenship and Immigration Canada recognizes
this as dual intent. It demonstrates your ultimate goal to be a permanent
resident and applying to be a temporary resident as a kind of first step in
the door.
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12.
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Will applying for permanent residency cost me any money?
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A.
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Yes, Citizenship and
Immigration Canada has a fee schedule that varies depending on which category
you are applying to.
You will incur additional costs such as paying for a police certificate, medical examination certificate, education transcripts, etc. |
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Can I pay processing fees in my country's currency?
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No. All fees must be paid in Canadian dollars.
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The refugee system in Canada
Tradition
of humanitarian action
Our compassion and fairness are a source of great pride for Canadians.These values are at the core of our domestic refugee protection system and our resettlement program. Both programs have long been praised by the United Nations Refugee Agency (UNHCR).
Refugees are people who have fled their countries because of a well-founded fear of persecution, and who are therefore unable to return home. Many refugees come from war-torn countries and have seen or experienced unthinkable horrors.
A refugee is different from an immigrant, in that an immigrant is a person who chooses to settle permanently in another country. Refugees are forced to flee.
Canadian refugee protection
programs
The Canadian refugee system has two main parts: - the Refugee and Humanitarian Resettlement Program, for people seeking
protection from outside Canada; and
- the In-Canada Asylum Program for people making refugee protection
claims from within Canada.
Refugee and Humanitarian
Resettlement Program
There are an estimated 16.7 million refugees in the world today. Countries
with resettlement programs resettle about 100,000 refugees from abroad each
year. Of that number, Canada annually takes in roughly one out of every 10
refugees, through the government-assisted and privately sponsored refugee
programs. Refugees selected for resettlement to Canada have often fled their homes because of unimaginable hardships and have, in many cases, been forced to live in refugee camps for many years. When they arrive in Canada, they basically pick up the pieces of their lives and start over again.
As a member of the international community, Canada helps find solutions to prolonged and emerging refugee situations and helps emerging democracies try to solve many of the problems that create refugee populations. To do this, Canada works closely with the United Nations Refugee Agency.
In May 2007, for example, Canada committed to resettling up to 5,000 Bhutanese refugees and later expanded that commitment to resetting 6,500 refugees. As of September 30, 2014, more than 6,000 Bhutanese have already arrived in Canada.
Canada also continues to resettle Iraqi refugees. Building on existing commitments, Canada has expanded its commitment to help by resettling an additional 3,000 Iraqi refugees. This brings Canada’s total Iraqi resettlement commitment to 23,000 refugees. As of December 2014, Canada had already resettled more than 21,000 Iraqi refugees since 2009.
Canada has also expanded its commitment to help Syrian refugees by resettling an additional 10,000 Syrians over the next three years. This brings Canada’s total commitment to helping Syrian refugees up to 11,300 by the end of 2017.
Private sponsors across the country also help resettle refugees to Canada. Some are organized to do so on an ongoing basis and have signed sponsorship agreements with the Government of Canada to help support refugees from abroad when they resettle in Canada. These organizations are known as Sponsorship Agreement Holders. They can sponsor refugees themselves or work with others in the community to sponsor refugees. Other sponsors, known as Groups of Five and Community Sponsors, are persons/groups in the community who are not involved on an ongoing basis but have come together to sponsor refugee(s).
Canada has also introduced a third program to welcome refugees. Launched in 2013, the Blended Visa Office-Referred (BVOR) Program matches refugees identified for resettlement by the UNHCR with private sponsors in Canada.
Refugees benefit from up to six months of income support from Federal Government, while private sponsors provide another six months of financial support. In addition, throughout their first year in Canada, these refugees benefit from the personal and community connections they make with their sponsors. They receive ongoing social and emotional support while they help to adjustment to life in Canada.
In-Canada Asylum Program
Refugees come from around the world and many make their claims in Canada.
The number of people arriving varies from year to year. In 2014, more than
13,500 people came to Canada and made an asylum claim.The asylum program works to provide refugee protection to people in Canada who have a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries.
Not everyone is eligible to seek asylum. For example, people convicted of serious criminal offences and people who have had previous refugee claims denied by Canada are not eligible to make a claim.
Integration services
Refugees—resettled from overseas or granted protection in Canada—often do
not have the resources to easily establish themselves.As such, the Government of Canada, working with an extensive network of partners and stakeholders, supports the delivery a broad range of settlement services to support successful integration of all refugees.
Assistance for resettled
refugees
Resettled refugees get initial assistance from either the federal
government, the Province of Quebec, or private sponsors (organizations or
groups of people in Canada).In keeping with Canada’s proud humanitarian and compassionate traditions, individuals and families selected under the Government-Assisted Refugees (GAR) program are provided with immediate and essential services as well as income support under the Resettlement Assistance Program (RAP) to support their initial settlement in Canada.
This income support is typically provided for up to one year or until the client becomes self-sufficient, whichever comes first. Canada provides RAP income support to eligible clients who cannot pay for their own basic needs. Monthly income support levels for shelter, food and incidentals are guided by the prevailing provincial or territorial basic social assistance rates in the client’s province or territory of residence.
RAP also provides immediate and essential services, generally delivered during the first four to six weeks following a client’s arrival in Canada, including:
- port of entry and reception services;
- temporary accommodation;
- help to find permanent accommodation;
- needs assessments;
- information and orientation; and
- links to other federal and provincial programs, as well as to other
settlement services.
Blended visa office-referred refugees receive six months of RAP income support, while private sponsors provide up to six months of financial support and up to a year of social and emotional support.
These supports are in addition to settlement services funded by CIC to help all newcomers, including refugees, settle and integrate into their new communities.
Assistance for all newcomers,
including refugees
CIC also funds a Settlement Program that supports newcomers to help them
settle and adapt to life in Canada. CIC works with provinces and
territories, service provider organizations, as well as a range of other
partners and stakeholders in delivering these services, which include:- needs assessment and referral services to increase newcomers’
awareness of their settlement needs and link newcomers to CIC-funded
and community settlement services;
- information and orientation services to better understand life in
Canada and make informed decisions about the settlement experience. This
includes Canadian Orientation Abroad program, delivered pre-arrival
by the International Organization for Migration, which provides general
information on settlement, in person;
- language
training in English and French, so newcomers have the language skills
to function in Canada;
- employment services that help newcomers search for, gain and retain
employment in regulated and non-regulated professions;
- community connections services that enable newcomers to receive
assistance in public institutions, build networks with long-time Canadians
and established immigrants with opportunities to fully participate in
Canada society; and
- support services which help newcomers access settlement services, such
as childcare, transportation assistance, translation and interpretation
services, provisions for persons with a disability, as well as
short-term/crisis counselling to deal with settlement issues.
Conclusion
Finding who is in need of Canada’s protection is a process that must take
into consideration the responsibility of helping those in genuine need while
protecting the system against those who seek to abuse it. The health and safety
of Canadians must also be ensured. Our refugee protection programs have helped refugees bring their experiences and skills and their hopes and dreams to Canada which, in turn, has contributed to an even richer and more prosperous society for us all.
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REFUGEE CLAIMANTS IN CANADA:
SOME FACTS
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- Canada is not being
“inundated” by refugee claimants. There is neither a “tsunami” nor a
“flood” of refugee claimants entering Canada. Inflammatory and
hyperbolic rhetoric like this distorts the truth and does a disservice to
those who are fleeing human rights abuses and need Canada’s
protection. In reality the number of claims has gone up in recent
months, but this is normal: numbers always fluctuate from month to month
and from year to year:
- In 2001, there
were close to 45,000 claims made. In 2005, there were fewer than
20,000.
- Numbers
fluctuate seasonally. In each of the last three years, the months
of August and September saw more claims than June and July.
- A bus filled
with 40 people wishing to make claims is insignificant in relation to the
overall number of claims. It represents only a small fraction of 1%
of the total number of claims likely to be made in the year.
- Most claims in
Canada are made from within Canada at an immigration office (62% in
2006). About a third of all claims are made at the Etobicoke office
(which covers Toronto). Claims at the land border represented only
1 in 5 claims made in 2006.
- The number of
claimants in Canada is trivial compared with many other countries.
Syria is hosting over a
million Iraqi refugees. This is equivalent, on a
per capita basis, to Canada receiving over two million refugees.
- Very few
Mexicans have come to Canada from the U.S. to make a refugee claim.
Prior to the arrivals of Mexicans from the U.S. in the last few weeks,
there were virtually no Mexicans making refugee claims at the U.S-Canada
border. The overwhelming majority of the Mexican claimants in Canada
have been coming directly from Mexico.
- Some Mexicans
have a well-founded fear of persecution in their home country and need
Canada’s protection. There are significant human rights abuses
occurring in Mexico. In fact, Canada has been criticized by the UN
Committee Against Torture for failing to offer refugee protection to a
Mexican survivor of torture, Enrique Falcon Rios. [See release]
- Some people make
a claim in Canada after having been abused and exploited by unscrupulous
agents who sell false information. Some have been told that there is
a special program for people of their nationality or that they can apply
for a work permit and then proceed to permanent residence. Having
arrived in Canada and found that the information is false, they are often
in a much worse situation than before they came to Canada. [See notice warning against
false information]
- Many refugee
assistance organizations in Canada and the U.S. are working hard to ensure
that people have accurate information about Canada’s refugee
programs. Unfortunately, they are now feeling threatened by the
Canadian government, which has sent a strong message of intimidation by
arresting a representative of such an organization, Janet Hinshaw Thomas,
and charging her with “aiding and abetting” refugees. [See release]
Meanwhile, people known to be taking money in exchange for false
information about Canada’s programs are not facing prosecution.
- There is a
growing backlog of claims in the refugee determination system because of a
longstanding failure by the Canadian government to appoint sufficient
Board members to make decisions. The Immigration and Refugee Board
is short more than a third of its members. The backlog not only
causes hardship for refugees who must wait years to receive protection,
but also acts as an incentive for people to make a claim in Canada, even
if they expect that their claim will eventually be refused. [See release]
- U.S. policies
and practices have an impact on claims made in Canada. Although the
Canadian government has designated the U.S. as a “safe country” for
refugees, many refugees are not in fact safe in the U.S. The failure
of the U.S. to provide asylum to many refugees who need it leads some
refugees to turn to Canada for protection. Similarly, the failure of
the U.S. to address the problem of its undocumented population leads some
to grasp at promises of something better in Canada. In late 2002 and
early 2003, the U.S. Special Registration program (NSEERS),
which targeted males from mostly Muslim countries, led to a significant
increase in claims in Canada from nationals of those countries. Some
claimants arriving in Canada have U.S. citizen children, but feel they
have no prospect of achieving status in the U.S. Some report having
fled to Canada because of rumours that they would be deported and their children
taken away from them.
- Since December
2004, the U.S. has been designated by Canada as a safe third country for
refugees. This means that most asylum seekers are ineligible to make
a claim at the U.S.-Canada land border. If they attempt to do so,
they are immediately returned to the U.S. where they may be
detained. This has been the fate of some of the people given wrong
information about Canada’s programs. There are some exceptions to
the safe third country rule, including for Mexicans and Haitians.
[See FAQs]
- Like all other
countries, Canada has international human rights obligations towards
refugees. Canada must not, directly or indirectly, send a refugee to
face persecution or torture. In order to comply with this
obligation, Canada must make an individual determination of whether a
person claiming refugee status would face persecution or torture before
removing the person.
- Refugee
claimants in Canada are eligible for basic social assistance and emergency
health care. This is a matter of basic human dignity: no one wants
to see people starving or bleeding to death on the streets. However,
under current law, refugee claimants are entitled to only the bare
minimum: they do not, for example, receive full health coverage or child
tax benefits. Many claimants do not want to rely on social
assistance and find work as soon as they can. They pay taxes, which
go towards services for Canadians to which they themselves are not
entitled.
- Refugees are
persons who have a well-founded fear of persecution in their home
country. Refugee claimants are persons who are asking for
protection: they may or may not be refugees. A refugee claimant is
not an “illegal immigrant”, a term that is in any case demeaning as it
transfers the illegality to the person and no one is illegal. There
is no such category as “economic refugee”. [See glossary]
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HEADS UP CANADA : u realize the niqab was
invented by Saudis ... and YET SAUDIS REFUSE GIRLS/WOMEN 2 WRITE ANY EXAMS OR
ID - IN NIQAB... so get a life... and Justin Bieber, Thomas the lost Teddy and
Green - get cracking and get some actual work done in your communities.... stop
the bullshit.... because if u all don't do better with your own houses... u
will all lose very, very badly.... frankly Canadians are getting really
disgusted with the lot of ya... and the tories- PM- I ain't a gonna change...
MUST.... come on... Canadians deserve better from the lot of ya spoiled
privileged and pampered elected sitting in Ottawa like the world don't matter
especially Canadians..imho. come on... please. #WeAreRaif #WeAreNeda #1BRising
Global News
After Liberal leader Justin Trudeau asked PM
Stephen Harper to clarify his position on wearing a niqab during a citizenship
ceremony, PM Stephen Harper explained that in that circumstance "it's easy
to understand" why a face must remain uncovered during a ceremony. The PM
then went on to ask why should Canadians embrace a practice from a culture that
is anti-women which sparked a big round of applause.
Program to pay failed refugee claimants up to $2k to go home getting lots of takers
National Affairs Contributor
Members of the
Canadian Border Services Agency gather at the Canadian border crossing in
Surrey, B.C., on Oct. …The Conservative government's
experiment to pay failed refugee claimants to go home apparently is a roaring
success.
The Toronto Star reports that as of June, 2,157 people
took advantage of Assisted Voluntary Returns and Reintegration [AVRR]
three-year pilot program, which aims to short-circuit the laborious and often
costly program of removing unsuccessful claimants.
And talk about fast: It takes an average 32 days between the time a person
registers in the program and when he or she gets on a plane to go home, the
Star reported.Under the program, which so far is available only in the Toronto area, failed claimants receive up to $2,000 if they apply before filing a legal appeal of their rejection in the Federal Court. The amount drops the further along a claimant is in the post-rejection process, down to $1,000 if they've exhausted their appeals and received a pre-removal risk assessment.
Recipients get a plane ticket home and money delivered in the form of reintegration assistance in the home country that can be put towards education or setting up a business.
The program, launched in June 2012, is administered in partnership with the Geneva-based International Organization for Migration (IOM), an intergovernmental group that co-operates on migration issues.
[ Related: Canada will pay failed refugee claimants up to $2,000 to go home ]
Eligibility requirements include compliance with the rules of the refugee-claim process and completion of a new travel document to ensure the journey home goes smoothly.
Those who aren't eligible include anyone with even a minor criminal record, someone rejected on national security grounds, organized-crime activity or international rights violations, if the original refugee claim was deemed not credible or if the would-be refugee dropped their claim.
According to the Canada Border Services Agency (CBSA), 38 per cent of the money spent so far has gone to temporary accommodation and 35 per cent to "material assistance," such as buying daily necessities, the Star said.
Another 11 per cent went to open businesses and five per cent to education. The money is doled out by local agencies in the claimant's home country.
It's not clear from the CBSA or IOM web sites whether failed claimants who take advantage of the program have to promise not to make another claim in the near future. Presumably providing money to help claimants re-establish themselves at home make that less likely.
The Star said Hungary, Columbia, Mexico, which have among the highest refugee-claim rejection rates, Croatia and the Czech Republic are the top five countries for claimants using the program so far.
Canada accepted 5,412 refugees in 2012, down 26 per cent from the previous year, despite having a 2012 target of 7,500 to 8,000, CBC News reported in March.
According to the Human Rights Research and Education Centre at the University of Ottawa, claim-acceptance rates ranged from 40 to 45 per cent from 1989 to 2011, regardless of the number of annual claims (12,000-43,000), though the rate dipped to 38 per cent in 2010 and 2011.
The pilot program has been fairly well received by refugee advocates, considering their usually contentious relationship with the government.
“For people who are going to return home rather than being shuffled out and dropped at the airport, it makes their return easier with the support,” Janet Dench of the Canadian Council for Refugees told the Star.
[ Related: Canada announces plan to fast-track refugee claims from Chile, South Korea ]
But immigration lawyer Ron Poulton, assessing the program after a year of operation, wrote on his firm's blog that "much remains unclear about this program specifically what, in concrete terms, an [AVRR] applicant may receive.
"The program has been touted as being beneficial for all involved, Canada achieves a high level of removals with reduced cost; the returnees can get assistance in creating sustainable small businesses and the communities to which they return get the benefit of increased economic activity," said Poulton.
"The experience in Europe, however, does not support these predictions. Although there are only a limited number of post return studies, they show that there is a very high failure rate among business ventures using reintegration support.
"It is presumed that this information will not be provided to applicants at the AVRR interview."
Toronto immigration lawyer Michael Niren also questions the program's approach.
"Paying for the trip home for a refugee who fears persecution really just facilitates removals," he told Yahoo! Canada News. "Often they are destitute and can barely make ends meet let alone pay for their trip back.
Niren said many failed refugees still fear returning to their homes and $2,000 is not much consolation for those who really wanted to stay here.
"I think the public can see though this one. This is no humanitarian gesture on the part of the government," he said.
Ottawa has set a target of 6,955 voluntary returns during the three-year pilot program, the Star said. Its performance would be reviewed to decide whether it's cost-effective and efficient but is expected to be renewed, and presumably expanded country-wide.
Immigrants
cost $23B a year: Fraser Institute report
Immigrants to Canada cost the federal government as much
as $23-billion annually and “impose a huge fiscal burden on Canadian
taxpayers,” according to a think-tank report released Tuesday that was
immediately criticized as telling only part of the story.The Fraser Institute report (download the PDF here or see it below) says newcomers pay about half as much in income taxes as other Canadians but absorb nearly the same value of government services, costing taxpayers roughly $6,051 per immigrant and amounting to a total annual cost of somewhere between $16.3-billion and $23.6-billion.
“It’s in the interest of Canada to examine what causes this and to fix it,” said Herbert Grubel, co-author of the report Immigration and the Canadian Welfare State. “We need a better selection process … We’re not here, as a country, to do charity for the rest of the world.”
The report acknowledges there are “popular propositions” about the benefits of immigration: Young immigrants pay taxes that support social services for Canada’s aging population; immigrants fill the low-paying jobs that others do not seem to want; Canadians are ennobled by allowing people to share in the country’s economic riches; immigration enriches the cultural life of Canadians, and future generations end up repaying their parents’ debt by earning an average or above-average living in the long run.
Mr. Grubel and economic consultant Patrick Grady argue, however, that these benefits either do not hold up to close scrutiny or that they are simply not worth the economic cost.
The 62-page report used a 2006 Census database to estimate the average incomes and taxes paid by immigrants who arrived in Canada over the period from 1987 to 2004. It found that immigrants paid an average of $10,340 in income tax and other taxes, compared with the $16,501 paid by all Canadians. While newcomers each received $110 less than the rest of Canadians, the “net fiscal transfer per immigrant” still amounted to $6,051 annually. The study examined the incomes of adults exclusively, and assumed the average immigrant pays taxes and receives benefits for 45 years.
“I’m sure the data behind the numbers is sound, but I think it only tells half the story,” said Rudyard Griffiths, co-founder of the Dominion Institute and author of Who We Are: A Citizen’s Manifesto. “The fact is that we’re doing immigration on the cheap … We don’t spend enough money on language services, and we don’t do enough skills accreditation and training.”
He said he is sympathetic to the argument that family reunification is likely burdensome on the tax purse, but said it’s just a “drop in the bucket” given that those visas account for only 11,000 of the 250,000 or so newcomers expected this year.
“The trickier issue is that of the quarter of a million, only about 60,000 are skilled or professional workers,” he said. “Everyone else is dependents.”
Mr. Grubel, himself an immigrant who first migrated to the U.S. from Germany in 1956 “with nothing,” maintains that he is not anti-immigration but rather that he believes immigrants should “pay their way in the welfare state.”
He and Mr. Grady argue that the selection process should be revamped to focus on admitting skilled workers who have job offers with Canadian employers. Recent newcomers should also have to post a bond to cover payments for health-care and social services before their parents and grandparents are admitted as landed immigrants.
Douglas Cannon, a prominent B.C.-based immigration lawyer, said he understands the benefit of the cost calculation, but said it is impossible to attach a price-tag to the benefits of welcoming newcomers.
“Immigration is, in the end, about people and their futures, their dreams, their hopes — how can you put a dollar amount on that?” he said. “It’s about continuing to make Canada a place of opportunity.”
This was not Mr. Grubel’s foray into calculating the cost of Canada’s immigration policies. In 2005, the Fraser Institute released his study that pegged the 2002 cost at $18-billion, but he said this latest report is more “scientifically rigorous and less liable to attack.”
National Post
kcarlson@nationalpost.com
The new Fraser Institute report says Canada should revamp its immigration selection process. Here are some of its recommendations:
– Only those with a legitimate offer from a Canadian employer should be allowed to obtain a temporary work visa. All other grounds for granting immigrant visas should be discontinued, except those applicable to refugee claimants.
– The government should exclude all applicants likely to become a burden on the public health care system.
– The government should set up and supervise a privately run system for the collection of information about the residence and work status of those holding temporary work visas.
– Within one month of arriving in Canada, work-visa holders should be required to register with the enforcement agency and provide contact information.
– Employers of temporary workers must notify authorities when a foreign worker is laid off or has failed to show up for work.
– Work-visa holders who lose their jobs must find new employment within three months or leave Canada, unless their spouse is employed under the family-work visa provision.
– Immigrants may have their parents and grandparents join them as landed immigrants in Canada only after posting a bond to cover payments for health care and other social benefits.
Source: Immigration and the Canadian Welfare State, a Fraser Institute report by Herbert Grubel and Patrick Grady
1.
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... could receive $2,470 per month, much high- ...
Start-Up Costs ... $150 for each additional family member.
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19 May 2015 ... Director, Centre for Refugees
Studies, York University ... 3) secondary migration of refugees; 4) Canada's
refugee protection systems in ..... of this massive resettlement program was the
fortunate alignment of ..... back transportation loans as quickly as possible, before
interest began to accrue on the loans,.
Huge
costs of government bill highlighted
You are here
Canadian Council for Refugees
Media Release
For immediate release
10 November 2010
Huge costs of government bill
highlighted
The Canadian Council for Refugees today called on
parliamentarians to reject Bill C-49, a bill that would be extremely costly
both to Canadians and to people seeking refugee protection in Canada.
Key provisions of Bill C-49 include mandatory detention for
a year without review and the denial of permanent status for five years to some
recognized refugees.
“These measures would be extremely costly, in terms of tax
dollars, in terms of human suffering and in terms of Canada’s credibility
internationally,” said Wanda Yamamoto, CCR President. “We don’t believe
that Canadians want their tax dollars spent on locking up innocent
children. And we know that keeping refugees in limbo leads only to
disastrous consequences.”
According to the Auditor General, keeping a person in
detention costs between $120 and $238 per day (2006-2007
figures). There were 49 children on the MV Sun Sea: keeping them in
detention for a year would cost at a minimum over two million dollars.
The cost of detaining everyone who arrived on the MV Sun Sea for a year would
be over 21.5 million dollars.
“Many of the children on the Sun Sea have been living in a
war zone – one little boy still has shrapnel in his head. They undertook a
dangerous journey over the ocean, trying to save their lives and thinking that
they would find safety in Canada,” said David Poopalapillai, spokesperson for
the Canadian Tamil Congress. “It is tough for the children being in detention:
physically the place is fine, but emotionally it affects the children.
The children cry for their fathers who are detained separately, and their
mothers don’t know how to answer them.”
In the 1990s Canada had a policy that forced most Somali
and Afghan refugees to wait in limbo for five years before becoming permanent
residents, just as Bill C-49 would impose a five year limbo on some
refugees. This policy had devastating consequences on the thousands
affected and the wider community and resulted in the UNHCR requesting an
opinion that found Canada in violation of the Refugee Convention. The
policy was challenged in court as discriminatory and, in 2000, the government
agreed to a settlement that eliminated the five-year limbo period.
“We are still seeing the consequences of this policy today
in the Somali community,” said Mahad Yusuf, Executive Director, Midaynta
Community Services, Toronto. “Families were kept separate for all those
years. Young people were prevented from going to college or university,
and some of them got onto the wrong path. Men who couldn’t bring their
families or get a proper job fell into depression – some of them still have
mental health problems. I believe that this problem of limbo in the 1990s
may be partly responsible for the pattern of murders of Somali youth in Alberta
and Ontario.”
Many legal scholars have underlined the numerous ways in
which Bill C-49 violates Canada’s international obligations towards
refugees. If the bill is adopted, Canada will lack the moral authority to
play a leadership role internationally in efforts to find solutions to the
problems faced by refugees. For example, this week over 15,000 Burmese are
reported to have fled into Thailand. How can Canada credibly urge the Thai
government to respect these refugees’ rights, when here at home we are denying
refugees their rights?
The full costs of Bill C-49 are extensive and should lead
Parliamentarians to dismiss this Bill at second reading.
70 organizations from across Canada have jointed the CCR
in calling for Parliament to reject Bill C-49: http://ccrweb.ca/en/organizations-calling-defeat-bill-c-49.
Contacts:
Colleen French, CCR Communications Coordinator,
514-277-7223 ext. 1, email cfrench@ccrweb.ca
David Poopalapillai, Canadian Tamil Congress, (416)
240-0078
Mahad Yusuf, Midaynta, (416) 544-1992, ext. 229
PAGE 2 BLOG
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General Questions about Immigrating to Canada
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Answers
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1.
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Is Canada welcoming to foreigners?
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A.
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Absolutely! Canada is well recognized around the world for
opening its doors to immigrants looking for a better quality of life. Canada
is a country built by immigrants. It is officially a multicultural country
and holds two official languages, English and French. Each year, an average
of 220,000 individuals immigrate to Canada, and 160,000 become Canadian
citizens.
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2.
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Why should I consider Canada as a country to immigrate to?
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A.
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The following are among the most common reasons why
immigrants are attracted to Canada:
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3.
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Where can I find application forms and guides to apply for
permanent Canadian residency?
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A.
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You can download all the forms and guides you need to
complete your application from Citizenship and Immigration Canada's website.
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4.
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What is the difference between a Permanent Canadian
Resident and a Canadian Citizen?
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A.
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As a permanent resident, you have the right to live in
Canada forever. You must live in Canada 2 out of every 5 years to maintain
your PR residency status. As a permanent resident, you benefit from most of
the rights and freedoms guaranteed under the Canadian Charter of Rights and
Freedoms, such as free social assistance, free education, universal health
care, and the right to live and work anywhere in Canada. However you do not
have the right to vote and hold a Canadian passport. After being a permanent
resident for 3 years, you can apply to be a Canadian citizen.
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As a Canadian citizen, you enjoy all rights and freedoms
bestowed on Canadians by the Charter of Rights and Freedoms, including the
right to vote, to participate in political activities and to run for
political office. You may also apply for a Canadian passport.
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Both permanent residents and Canadian citizens must pay
Canadian taxes.
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5.
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What's the difference between someone who has immigration
status, and someone who has permanent residency status?
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A.
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There is no difference. Both terms are used
interchangeably. However, Citizenship and Immigration Canada uses the term
permanent residence.
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6.
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What is Citizenship and Immigration Canada?
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A.
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The Department of Citizenship and Immigration Canada is a
branch of the federal government that overseas immigration and citizenship
issues. It is responsible for establishing policy, processing applications
for permanent and temporary visas, citizenship as well as refugee
applications. It's mandate is to link citizenship registration with
immigration services, to promote ideals shared by Canadians and to help build
a stronger Canada.
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7.
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How can I qualify to become a permanent resident?
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A.
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There are specific categories through which to apply to
become a permanent resident. Each one has its own set of eligibility criteria
and procedures. These include: Family Sponsorship, Skilled Workers Class,
Business Class, Experience Class, the Provincial Nominee Program and Refugee
claims.
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8.
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Do I apply to the province in which I want to live or to
the Federal Government?
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A.
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Unless you are applying to the Provincial Nominee Program,
you apply to Citizenship and Immigration Canada, which is a national
organization. Being approved as a permanent resident by CIC allows you to
work and live in any province or territory you choose, except for Québec,
which has its own unique application process. If you are applying to work and
live in a specific province, you can apply directly to it through the
Provincial Nominee Program. If the province approves your application, they
will nominate you for permanent residency to Citizenship and Immigration
Canada, to which you will have to apply.
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9.
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What is the Year 2/5 rule?
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A.
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Your permanent resident card is valid for 5 years, and
will be renewed continuously after that. However, Canadian immigration law
stipulates that you must live in Canada for 2 out of the 5 years. It does not
matter if this time is consecutive or happens intermittently. You may live
abroad for 3 out of each 5 year period, and again, you may divide this time
as you would like.
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10.
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What is the difference between an immigration visa and a
work permit?
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A.
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An immigration visa is another term for permanent
residency. It allows you to stay in Canada indefinitely. A work permit is
only valid for a pre-determined number of years. Once it expires, you must
leave Canada, or apply to be a permanent resident through the Experience
Class.
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11.
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Can I apply for an immigration visa and a work visa at the
same time?
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A.
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Yes you can. Citizenship and Immigration Canada recognizes
this as dual intent. It demonstrates your ultimate goal to be a permanent
resident and applying to be a temporary resident as a kind of first step in
the door.
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12.
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Will applying for permanent residency cost me any money?
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A.
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Yes, Citizenship and
Immigration Canada has a fee schedule that varies depending on which category
you are applying to.
You will incur additional costs such as paying for a police certificate, medical examination certificate, education transcripts, etc. |
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13.
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Can I pay processing fees in my country's currency?
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No. All fees must be paid in Canadian dollars.
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The refugee system in Canada
Tradition of humanitarian action
Our compassion and fairness are a source of great pride for Canadians.These values are at the core of our domestic refugee protection system and our resettlement program. Both programs have long been praised by the United Nations Refugee Agency (UNHCR).
Refugees are people who have fled their countries because of a well-founded fear of persecution, and who are therefore unable to return home. Many refugees come from war-torn countries and have seen or experienced unthinkable horrors.
A refugee is different from an immigrant, in that an immigrant is a person who chooses to settle permanently in another country. Refugees are forced to flee.
Canadian refugee protection
programs
The Canadian refugee system has two main parts: - the Refugee and Humanitarian Resettlement Program, for people seeking
protection from outside Canada; and
- the In-Canada Asylum Program for people making refugee protection
claims from within Canada.
Refugee and Humanitarian
Resettlement Program
There are an estimated 16.7 million refugees in the world today. Countries
with resettlement programs resettle about 100,000 refugees from abroad each
year. Of that number, Canada annually takes in roughly one out of every 10
refugees, through the government-assisted and privately sponsored refugee
programs. Refugees selected for resettlement to Canada have often fled their homes because of unimaginable hardships and have, in many cases, been forced to live in refugee camps for many years. When they arrive in Canada, they basically pick up the pieces of their lives and start over again.
As a member of the international community, Canada helps find solutions to prolonged and emerging refugee situations and helps emerging democracies try to solve many of the problems that create refugee populations. To do this, Canada works closely with the United Nations Refugee Agency.
In May 2007, for example, Canada committed to resettling up to 5,000 Bhutanese refugees and later expanded that commitment to resetting 6,500 refugees. As of September 30, 2014, more than 6,000 Bhutanese have already arrived in Canada.
Canada also continues to resettle Iraqi refugees. Building on existing commitments, Canada has expanded its commitment to help by resettling an additional 3,000 Iraqi refugees. This brings Canada’s total Iraqi resettlement commitment to 23,000 refugees. As of December 2014, Canada had already resettled more than 21,000 Iraqi refugees since 2009.
Canada has also expanded its commitment to help Syrian refugees by resettling an additional 10,000 Syrians over the next three years. This brings Canada’s total commitment to helping Syrian refugees up to 11,300 by the end of 2017.
Private sponsors across the country also help resettle refugees to Canada. Some are organized to do so on an ongoing basis and have signed sponsorship agreements with the Government of Canada to help support refugees from abroad when they resettle in Canada. These organizations are known as Sponsorship Agreement Holders. They can sponsor refugees themselves or work with others in the community to sponsor refugees. Other sponsors, known as Groups of Five and Community Sponsors, are persons/groups in the community who are not involved on an ongoing basis but have come together to sponsor refugee(s).
Canada has also introduced a third program to welcome refugees. Launched in 2013, the Blended Visa Office-Referred (BVOR) Program matches refugees identified for resettlement by the UNHCR with private sponsors in Canada.
Refugees benefit from up to six months of income support from Federal Government, while private sponsors provide another six months of financial support. In addition, throughout their first year in Canada, these refugees benefit from the personal and community connections they make with their sponsors. They receive ongoing social and emotional support while they help to adjustment to life in Canada.
In-Canada Asylum Program
Refugees come from around the world and many make their claims in Canada.
The number of people arriving varies from year to year. In 2014, more than
13,500 people came to Canada and made an asylum claim.The asylum program works to provide refugee protection to people in Canada who have a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries.
Not everyone is eligible to seek asylum. For example, people convicted of serious criminal offences and people who have had previous refugee claims denied by Canada are not eligible to make a claim.
Integration services
Refugees—resettled from overseas or granted protection in Canada—often do
not have the resources to easily establish themselves.As such, the Government of Canada, working with an extensive network of partners and stakeholders, supports the delivery a broad range of settlement services to support successful integration of all refugees.
Assistance for resettled
refugees
Resettled refugees get initial assistance from either the federal
government, the Province of Quebec, or private sponsors (organizations or groups
of people in Canada).In keeping with Canada’s proud humanitarian and compassionate traditions, individuals and families selected under the Government-Assisted Refugees (GAR) program are provided with immediate and essential services as well as income support under the Resettlement Assistance Program (RAP) to support their initial settlement in Canada.
This income support is typically provided for up to one year or until the client becomes self-sufficient, whichever comes first. Canada provides RAP income support to eligible clients who cannot pay for their own basic needs. Monthly income support levels for shelter, food and incidentals are guided by the prevailing provincial or territorial basic social assistance rates in the client’s province or territory of residence.
RAP also provides immediate and essential services, generally delivered during the first four to six weeks following a client’s arrival in Canada, including:
- port of entry and reception services;
- temporary accommodation;
- help to find permanent accommodation;
- needs assessments;
- information and orientation; and
- links to other federal and provincial programs, as well as to other
settlement services.
Blended visa office-referred refugees receive six months of RAP income support, while private sponsors provide up to six months of financial support and up to a year of social and emotional support.
These supports are in addition to settlement services funded by CIC to help all newcomers, including refugees, settle and integrate into their new communities.
Assistance for all newcomers,
including refugees
CIC also funds a Settlement Program that supports newcomers to help them
settle and adapt to life in Canada. CIC works with provinces and
territories, service provider organizations, as well as a range of other
partners and stakeholders in delivering these services, which include:- needs assessment and referral services to increase newcomers’
awareness of their settlement needs and link newcomers to CIC-funded
and community settlement services;
- information and orientation services to better understand life in
Canada and make informed decisions about the settlement experience. This
includes Canadian Orientation Abroad program, delivered pre-arrival
by the International Organization for Migration, which provides general
information on settlement, in person;
- language
training in English and French, so newcomers have the language skills
to function in Canada;
- employment services that help newcomers search for, gain and retain
employment in regulated and non-regulated professions;
- community connections services that enable newcomers to receive
assistance in public institutions, build networks with long-time Canadians
and established immigrants with opportunities to fully participate in
Canada society; and
- support services which help newcomers access settlement services, such
as childcare, transportation assistance, translation and interpretation
services, provisions for persons with a disability, as well as
short-term/crisis counselling to deal with settlement issues.
Conclusion
Finding who is in need of Canada’s protection is a process that must take
into consideration the responsibility of helping those in genuine need while
protecting the system against those who seek to abuse it. The health and safety
of Canadians must also be ensured. Our refugee protection programs have helped refugees bring their experiences and skills and their hopes and dreams to Canada which, in turn, has contributed to an even richer and more prosperous society for us all.
---------------
REFUGEE CLAIMANTS IN CANADA:
SOME FACTS
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- Canada is not being
“inundated” by refugee claimants. There is neither a “tsunami” nor a
“flood” of refugee claimants entering Canada. Inflammatory and
hyperbolic rhetoric like this distorts the truth and does a disservice to
those who are fleeing human rights abuses and need Canada’s
protection. In reality the number of claims has gone up in recent
months, but this is normal: numbers always fluctuate from month to month
and from year to year:
- In 2001, there
were close to 45,000 claims made. In 2005, there were fewer than
20,000.
- Numbers
fluctuate seasonally. In each of the last three years, the months
of August and September saw more claims than June and July.
- A bus filled
with 40 people wishing to make claims is insignificant in relation to the
overall number of claims. It represents only a small fraction of 1%
of the total number of claims likely to be made in the year.
- Most claims in
Canada are made from within Canada at an immigration office (62% in
2006). About a third of all claims are made at the Etobicoke office
(which covers Toronto). Claims at the land border represented only
1 in 5 claims made in 2006.
- The number of
claimants in Canada is trivial compared with many other countries.
Syria is hosting over a
million Iraqi refugees. This is equivalent, on a
per capita basis, to Canada receiving over two million refugees.
- Very few
Mexicans have come to Canada from the U.S. to make a refugee claim.
Prior to the arrivals of Mexicans from the U.S. in the last few weeks,
there were virtually no Mexicans making refugee claims at the U.S-Canada
border. The overwhelming majority of the Mexican claimants in Canada
have been coming directly from Mexico.
- Some Mexicans
have a well-founded fear of persecution in their home country and need
Canada’s protection. There are significant human rights abuses
occurring in Mexico. In fact, Canada has been criticized by the UN
Committee Against Torture for failing to offer refugee protection to a
Mexican survivor of torture, Enrique Falcon Rios. [See release]
- Some people make
a claim in Canada after having been abused and exploited by unscrupulous
agents who sell false information. Some have been told that there is
a special program for people of their nationality or that they can apply
for a work permit and then proceed to permanent residence. Having
arrived in Canada and found that the information is false, they are often
in a much worse situation than before they came to Canada. [See notice warning against
false information]
- Many refugee
assistance organizations in Canada and the U.S. are working hard to ensure
that people have accurate information about Canada’s refugee
programs. Unfortunately, they are now feeling threatened by the
Canadian government, which has sent a strong message of intimidation by
arresting a representative of such an organization, Janet Hinshaw Thomas,
and charging her with “aiding and abetting” refugees. [See release]
Meanwhile, people known to be taking money in exchange for false
information about Canada’s programs are not facing prosecution.
- There is a
growing backlog of claims in the refugee determination system because of a
longstanding failure by the Canadian government to appoint sufficient
Board members to make decisions. The Immigration and Refugee Board
is short more than a third of its members. The backlog not only
causes hardship for refugees who must wait years to receive protection,
but also acts as an incentive for people to make a claim in Canada, even
if they expect that their claim will eventually be refused. [See release]
- U.S. policies
and practices have an impact on claims made in Canada. Although the
Canadian government has designated the U.S. as a “safe country” for
refugees, many refugees are not in fact safe in the U.S. The failure
of the U.S. to provide asylum to many refugees who need it leads some
refugees to turn to Canada for protection. Similarly, the failure of
the U.S. to address the problem of its undocumented population leads some
to grasp at promises of something better in Canada. In late 2002 and
early 2003, the U.S. Special Registration program (NSEERS),
which targeted males from mostly Muslim countries, led to a significant
increase in claims in Canada from nationals of those countries. Some
claimants arriving in Canada have U.S. citizen children, but feel they
have no prospect of achieving status in the U.S. Some report having
fled to Canada because of rumours that they would be deported and their
children taken away from them.
- Since December
2004, the U.S. has been designated by Canada as a safe third country for
refugees. This means that most asylum seekers are ineligible to make
a claim at the U.S.-Canada land border. If they attempt to do so,
they are immediately returned to the U.S. where they may be
detained. This has been the fate of some of the people given wrong
information about Canada’s programs. There are some exceptions to
the safe third country rule, including for Mexicans and Haitians.
[See FAQs]
- Like all other
countries, Canada has international human rights obligations towards
refugees. Canada must not, directly or indirectly, send a refugee to
face persecution or torture. In order to comply with this obligation,
Canada must make an individual determination of whether a person claiming
refugee status would face persecution or torture before removing the
person.
- Refugee
claimants in Canada are eligible for basic social assistance and emergency
health care. This is a matter of basic human dignity: no one wants
to see people starving or bleeding to death on the streets. However,
under current law, refugee claimants are entitled to only the bare
minimum: they do not, for example, receive full health coverage or child
tax benefits. Many claimants do not want to rely on social
assistance and find work as soon as they can. They pay taxes, which
go towards services for Canadians to which they themselves are not
entitled.
- Refugees are
persons who have a well-founded fear of persecution in their home
country. Refugee claimants are persons who are asking for
protection: they may or may not be refugees. A refugee claimant is
not an “illegal immigrant”, a term that is in any case demeaning as it
transfers the illegality to the person and no one is illegal. There
is no such category as “economic refugee”. [See glossary]
--------------------
HEADS UP CANADA : u realize the niqab was
invented by Saudis ... and YET SAUDIS REFUSE GIRLS/WOMEN 2 WRITE ANY EXAMS OR
ID - IN NIQAB... so get a life... and Justin Bieber, Thomas the lost Teddy and
Green - get cracking and get some actual work done in your communities.... stop
the bullshit.... because if u all don't do better with your own houses... u
will all lose very, very badly.... frankly Canadians are getting really
disgusted with the lot of ya... and the tories- PM- I ain't a gonna change...
MUST.... come on... Canadians deserve better from the lot of ya spoiled
privileged and pampered elected sitting in Ottawa like the world don't matter
especially Canadians..imho. come on... please. #WeAreRaif #WeAreNeda #1BRising
Global News
After Liberal leader Justin Trudeau asked PM
Stephen Harper to clarify his position on wearing a niqab during a citizenship
ceremony, PM Stephen Harper explained that in that circumstance "it's easy
to understand" why a face must remain uncovered during a ceremony. The PM
then went on to ask why should Canadians embrace a practice from a culture that
is anti-women which sparked a big round of applause.
Program to pay failed refugee claimants up to $2k to go home getting lots of takers
National Affairs Contributor
By Steve
Mertl | Daily Brew – Tue,
6 Aug, 2013
Members of the
Canadian Border Services Agency gather at the Canadian border crossing in
Surrey, B.C., on Oct. …The Conservative government's experiment to
pay failed refugee claimants to go home apparently is a roaring success.
The Toronto
Star reports that as of June, 2,157 people took
advantage of Assisted Voluntary Returns and Reintegration [AVRR]
three-year pilot program, which aims to short-circuit the laborious and often
costly program of removing unsuccessful claimants.
And talk about fast: It takes an average 32 days between the time a person
registers in the program and when he or she gets on a plane to go home, the
Star reported.Under the program, which so far is available only in the Toronto area, failed claimants receive up to $2,000 if they apply before filing a legal appeal of their rejection in the Federal Court. The amount drops the further along a claimant is in the post-rejection process, down to $1,000 if they've exhausted their appeals and received a pre-removal risk assessment.
Recipients get a plane ticket home and money delivered in the form of reintegration assistance in the home country that can be put towards education or setting up a business.
The program, launched in June 2012, is administered in partnership with the Geneva-based International Organization for Migration (IOM), an intergovernmental group that co-operates on migration issues.
[ Related: Canada will pay failed refugee claimants up to $2,000 to go home ]
Eligibility requirements include compliance with the rules of the refugee-claim process and completion of a new travel document to ensure the journey home goes smoothly.
Those who aren't eligible include anyone with even a minor criminal record, someone rejected on national security grounds, organized-crime activity or international rights violations, if the original refugee claim was deemed not credible or if the would-be refugee dropped their claim.
According to the Canada Border Services Agency (CBSA), 38 per cent of the money spent so far has gone to temporary accommodation and 35 per cent to "material assistance," such as buying daily necessities, the Star said.
Another 11 per cent went to open businesses and five per cent to education. The money is doled out by local agencies in the claimant's home country.
It's not clear from the CBSA or IOM web sites whether failed claimants who take advantage of the program have to promise not to make another claim in the near future. Presumably providing money to help claimants re-establish themselves at home make that less likely.
The Star said Hungary, Columbia, Mexico, which have among the highest refugee-claim rejection rates, Croatia and the Czech Republic are the top five countries for claimants using the program so far.
Canada accepted 5,412 refugees in 2012, down 26 per cent from the previous year, despite having a 2012 target of 7,500 to 8,000, CBC News reported in March.
According to the Human Rights Research and Education Centre at the University of Ottawa, claim-acceptance rates ranged from 40 to 45 per cent from 1989 to 2011, regardless of the number of annual claims (12,000-43,000), though the rate dipped to 38 per cent in 2010 and 2011.
The pilot program has been fairly well received by refugee advocates, considering their usually contentious relationship with the government.
“For people who are going to return home rather than being shuffled out and dropped at the airport, it makes their return easier with the support,” Janet Dench of the Canadian Council for Refugees told the Star.
[ Related: Canada announces plan to fast-track refugee claims from Chile, South Korea ]
But immigration lawyer Ron Poulton, assessing the program after a year of operation, wrote on his firm's blog that "much remains unclear about this program specifically what, in concrete terms, an [AVRR] applicant may receive.
"The program has been touted as being beneficial for all involved, Canada achieves a high level of removals with reduced cost; the returnees can get assistance in creating sustainable small businesses and the communities to which they return get the benefit of increased economic activity," said Poulton.
"The experience in Europe, however, does not support these predictions. Although there are only a limited number of post return studies, they show that there is a very high failure rate among business ventures using reintegration support.
"It is presumed that this information will not be provided to applicants at the AVRR interview."
Toronto immigration lawyer Michael Niren also questions the program's approach.
"Paying for the trip home for a refugee who fears persecution really just facilitates removals," he told Yahoo! Canada News. "Often they are destitute and can barely make ends meet let alone pay for their trip back.
Niren said many failed refugees still fear returning to their homes and $2,000 is not much consolation for those who really wanted to stay here.
"I think the public can see though this one. This is no humanitarian gesture on the part of the government," he said.
Ottawa has set a target of 6,955 voluntary returns during the three-year pilot program, the Star said. Its performance would be reviewed to decide whether it's cost-effective and efficient but is expected to be renewed, and presumably expanded country-wide.
Immigrants
cost $23B a year: Fraser Institute report
Immigrants to Canada cost the federal government as much
as $23-billion annually and “impose a huge fiscal burden on Canadian
taxpayers,” according to a think-tank report released Tuesday that was
immediately criticized as telling only part of the story.The Fraser Institute report (download the PDF here or see it below) says newcomers pay about half as much in income taxes as other Canadians but absorb nearly the same value of government services, costing taxpayers roughly $6,051 per immigrant and amounting to a total annual cost of somewhere between $16.3-billion and $23.6-billion.
“It’s in the interest of Canada to examine what causes this and to fix it,” said Herbert Grubel, co-author of the report Immigration and the Canadian Welfare State. “We need a better selection process … We’re not here, as a country, to do charity for the rest of the world.”
The report acknowledges there are “popular propositions” about the benefits of immigration: Young immigrants pay taxes that support social services for Canada’s aging population; immigrants fill the low-paying jobs that others do not seem to want; Canadians are ennobled by allowing people to share in the country’s economic riches; immigration enriches the cultural life of Canadians, and future generations end up repaying their parents’ debt by earning an average or above-average living in the long run.
Mr. Grubel and economic consultant Patrick Grady argue, however, that these benefits either do not hold up to close scrutiny or that they are simply not worth the economic cost.
The 62-page report used a 2006 Census database to estimate the average incomes and taxes paid by immigrants who arrived in Canada over the period from 1987 to 2004. It found that immigrants paid an average of $10,340 in income tax and other taxes, compared with the $16,501 paid by all Canadians. While newcomers each received $110 less than the rest of Canadians, the “net fiscal transfer per immigrant” still amounted to $6,051 annually. The study examined the incomes of adults exclusively, and assumed the average immigrant pays taxes and receives benefits for 45 years.
“I’m sure the data behind the numbers is sound, but I think it only tells half the story,” said Rudyard Griffiths, co-founder of the Dominion Institute and author of Who We Are: A Citizen’s Manifesto. “The fact is that we’re doing immigration on the cheap … We don’t spend enough money on language services, and we don’t do enough skills accreditation and training.”
He said he is sympathetic to the argument that family reunification is likely burdensome on the tax purse, but said it’s just a “drop in the bucket” given that those visas account for only 11,000 of the 250,000 or so newcomers expected this year.
“The trickier issue is that of the quarter of a million, only about 60,000 are skilled or professional workers,” he said. “Everyone else is dependents.”
Mr. Grubel, himself an immigrant who first migrated to the U.S. from Germany in 1956 “with nothing,” maintains that he is not anti-immigration but rather that he believes immigrants should “pay their way in the welfare state.”
He and Mr. Grady argue that the selection process should be revamped to focus on admitting skilled workers who have job offers with Canadian employers. Recent newcomers should also have to post a bond to cover payments for health-care and social services before their parents and grandparents are admitted as landed immigrants.
Douglas Cannon, a prominent B.C.-based immigration lawyer, said he understands the benefit of the cost calculation, but said it is impossible to attach a price-tag to the benefits of welcoming newcomers.
“Immigration is, in the end, about people and their futures, their dreams, their hopes — how can you put a dollar amount on that?” he said. “It’s about continuing to make Canada a place of opportunity.”
This was not Mr. Grubel’s foray into calculating the cost of Canada’s immigration policies. In 2005, the Fraser Institute released his study that pegged the 2002 cost at $18-billion, but he said this latest report is more “scientifically rigorous and less liable to attack.”
National Post
kcarlson@nationalpost.com
The new Fraser Institute report says Canada should revamp its immigration selection process. Here are some of its recommendations:
– Only those with a legitimate offer from a Canadian employer should be allowed to obtain a temporary work visa. All other grounds for granting immigrant visas should be discontinued, except those applicable to refugee claimants.
– The government should exclude all applicants likely to become a burden on the public health care system.
– The government should set up and supervise a privately run system for the collection of information about the residence and work status of those holding temporary work visas.
– Within one month of arriving in Canada, work-visa holders should be required to register with the enforcement agency and provide contact information.
– Employers of temporary workers must notify authorities when a foreign worker is laid off or has failed to show up for work.
– Work-visa holders who lose their jobs must find new employment within three months or leave Canada, unless their spouse is employed under the family-work visa provision.
– Immigrants may have their parents and grandparents join them as landed immigrants in Canada only after posting a bond to cover payments for health care and other social benefits.
Source: Immigration and the Canadian Welfare State, a Fraser Institute report by Herbert Grubel and Patrick Grady
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Huge
costs of government bill highlighted
You are here
Canadian Council for Refugees
Media Release
For immediate release
10 November 2010
Huge costs of government bill
highlighted
The Canadian Council for Refugees today called on
parliamentarians to reject Bill C-49, a bill that would be extremely costly
both to Canadians and to people seeking refugee protection in Canada.
Key provisions of Bill C-49 include mandatory detention
for a year without review and the denial of permanent status for five years to
some recognized refugees.
“These measures would be extremely costly, in terms of tax
dollars, in terms of human suffering and in terms of Canada’s credibility
internationally,” said Wanda Yamamoto, CCR President. “We don’t believe
that Canadians want their tax dollars spent on locking up innocent
children. And we know that keeping refugees in limbo leads only to
disastrous consequences.”
According to the Auditor General, keeping a person in
detention costs between $120 and $238 per day (2006-2007 figures). There
were 49 children on the MV Sun Sea: keeping them in detention for a year would
cost at a minimum over two million dollars. The cost of detaining
everyone who arrived on the MV Sun Sea for a year would be over 21.5 million
dollars.
“Many of the children on the Sun Sea have been living in a
war zone – one little boy still has shrapnel in his head. They undertook a
dangerous journey over the ocean, trying to save their lives and thinking that
they would find safety in Canada,” said David Poopalapillai, spokesperson for
the Canadian Tamil Congress. “It is tough for the children being in detention:
physically the place is fine, but emotionally it affects the children.
The children cry for their fathers who are detained separately, and their mothers
don’t know how to answer them.”
In the 1990s Canada had a policy that forced most Somali
and Afghan refugees to wait in limbo for five years before becoming permanent
residents, just as Bill C-49 would impose a five year limbo on some
refugees. This policy had devastating consequences on the thousands
affected and the wider community and resulted in the UNHCR requesting an
opinion that found Canada in violation of the Refugee Convention. The
policy was challenged in court as discriminatory and, in 2000, the government
agreed to a settlement that eliminated the five-year limbo period.
“We are still seeing the consequences of this policy today
in the Somali community,” said Mahad Yusuf, Executive Director, Midaynta
Community Services, Toronto. “Families were kept separate for all those
years. Young people were prevented from going to college or university,
and some of them got onto the wrong path. Men who couldn’t bring their
families or get a proper job fell into depression – some of them still have mental
health problems. I believe that this problem of limbo in the 1990s may be
partly responsible for the pattern of murders of Somali youth in Alberta and
Ontario.”
Many legal scholars have underlined the numerous ways in
which Bill C-49 violates Canada’s international obligations towards
refugees. If the bill is adopted, Canada will lack the moral authority to
play a leadership role internationally in efforts to find solutions to the
problems faced by refugees. For example, this week over 15,000 Burmese are
reported to have fled into Thailand. How can Canada credibly urge the Thai
government to respect these refugees’ rights, when here at home we are denying
refugees their rights?
The full costs of Bill C-49 are extensive and should lead
Parliamentarians to dismiss this Bill at second reading.
70 organizations from across Canada have jointed the CCR
in calling for Parliament to reject Bill C-49: http://ccrweb.ca/en/organizations-calling-defeat-bill-c-49.
Contacts:
Colleen French, CCR Communications Coordinator,
514-277-7223 ext. 1, email cfrench@ccrweb.ca
David Poopalapillai, Canadian Tamil Congress, (416)
240-0078
Mahad Yusuf, Midaynta, (416) 544-1992, ext. 229
Background on the limbo policy affecting Somalis and
Afghans in the 1990s
In 1993, a change in Canadian law required accepted
refugees to provide satisfactory identity documents in order to be granted
permanent residence. Many Somali and Afghan refugees could not provide
satisfactory identity documents, because of the lack of a functioning
government in their country of origin. By 1996, the government estimated
that approximately 7,500 Somali and Afghan refugees were in limbo. In
1997, the government introduced the Undocumented Convention Refugees in Canada
Class that allowed these refugees to be granted permanent residence following a
5-year wait, during which time they could not reunite with family members and
could not travel outside Canada. In 2000, the government agreed to a legal
settlement, which allowed refugees to become permanent residents without
waiting 5 years in limbo. The terms of the agreement were written into the
2002 regulations (Immigration and Refugee Protection Regulations, s. 178).
For more information, see Caledon Institute, What’s In
A Name: Identity Documents and Convention Refugees, 1999, http://www.caledoninst.org/Publications/PDF/whats.pdf
For UNHCR opinion: Opinion, The 1951 Convention relating
to the Status of Refugees and the Obligations of States under Articles 25, 27
and 28, with particular reference to refugees without identity or travel
documents, May 2000, by Guy S. Goodwin-Gill, Professor of International
Refugee Law
---------------------
Background on the limbo policy affecting Somalis and
Afghans in the 1990s
In 1993, a change in Canadian law required accepted
refugees to provide satisfactory identity documents in order to be granted
permanent residence. Many Somali and Afghan refugees could not provide
satisfactory identity documents, because of the lack of a functioning
government in their country of origin. By 1996, the government estimated
that approximately 7,500 Somali and Afghan refugees were in limbo. In
1997, the government introduced the Undocumented Convention Refugees in Canada
Class that allowed these refugees to be granted permanent residence following a
5-year wait, during which time they could not reunite with family members and
could not travel outside Canada. In 2000, the government agreed to a legal
settlement, which allowed refugees to become permanent residents without
waiting 5 years in limbo. The terms of the agreement were written into the
2002 regulations (Immigration and Refugee Protection Regulations, s. 178).
For more information, see Caledon Institute, What’s In
A Name: Identity Documents and Convention Refugees, 1999, http://www.caledoninst.org/Publications/PDF/whats.pdf
For UNHCR opinion: Opinion, The 1951 Convention relating
to the Status of Refugees and the Obligations of States under Articles 25, 27
and 28, with particular reference to refugees without identity or travel
documents, May 2000, by Guy S. Goodwin-Gill, Professor of International
Refugee Law
---------------------
CANADA
Refugees
As
a refugee, you may be able to access government programs to help you settle in
Canada. Learn about the refugee process and services available for refugees.
Basic Information
for Refugees
After You Arrive
What assistance can refugees get in
Canada?
The Canadian government has several programs to help refugees
resettle in Canada.
I am a government sponsored refugee.
Can I get help with housing when I arrive?
If you are a government-sponsored refugee who lands by air in
Toronto, Immigrant Reception and Information Services (IRIS) will meet you at
the airport.
How does divorce affect my immigration
status?
Generally, you do not lose your immigration status because of
divorce. You may need to seek legal advice about your specific situation.
How do I repay my travel loan if I am a
refugee or protected person?
This article describes how you can pay back your transportation
or admissibility loan from Citizenship and Immigration Canada (CIC) if you are
a refugee or protected person.
How can I get travel documents if I am
a protected person in Canada?
Passport Canada issues refugee travel documents and certificates
of identity to protected persons in Canada. This is the case whether you
are stateless or if you have citizenship from another country.
I am a refugee claimant. Can I work?
As a refugee claimant, you need a work permit and a Social
Insurance Number (SIN) to work in Canada.
Copyright © 2015 - Ontario Council of Agencies Serving Immigrants. All rights reserved. Use of this
website constitutes acceptance of the Terms
& Conditions and Privacy
Statement.
---
How does Canada's refugee system work?
Canada offers
refugee protection to people in Canada who face persecution in their home
country or the country where they normally live, or who would face persecution
if they returned to that country.
You can make
a refugee claim outside of Canada, if you are
sponsored by the government or a private group.
The Immigration and Refugee Board
(IRB) makes decisions about refugee claims. They decide if you are
a Convention refugee or a person in need of protection.
A Convention
refugee is someone with a well-founded fear of persecution based on:
·
Race;
·
Religion;
·
Political opinion;
·
Nationality; or
·
Membership in a particular social group (such as,
women or people of a particular sexual orientation).
A person in
need of protection is someone who faces the following dangers if they
returned to their home country or country where they normally live:
·
A danger of torture;
·
A risk to their life; or
·
A risk of cruel and unusual treatment or
punishment.
The Canada Border Services Agency
(CBSA) decides if you are eligible to make a refugee claim in Canada. If you are determined "not
eligible," you may have other options.
For more
information on making a claim from within Canada you can read How is a refugee claim decision
made?
Since November 5,
2011, Citizenship and Immigration Canada (CIC) has not been accepting new
applications for the Source Country Class. Find out more information about this change on CIC's website.
People who are
sponsored by the government or by a private group to come to Canada are
called resettled refugees. People in this category are granted permanent
residency (landed status) when they arrive in Canada. The 2 classes of resettled
refugees are:
Also, some refugees
apply for resettlement in Canada by contacting a United Nations High Commissioner
for Refugees (UNHCR) office or a Canadian Embassy, High Commission
or Consulate. Find out more about how to sponsor a refugee.
Your Rights
Refugee claimants,
Convention refugees and persons in need of protection have certain rights and may be able to access services, such as health care and education. You may also be able to appeal the decision, if your refugee claim was denied. You can get
help from a community legal clinic or a
settlement agency.
For More
Information
·
Canada's Refugee System - Information
from Citizenship and Immigration Canada about how refugees come to Canada and
how the system works.
·
Immigration and Refugee Board - An
independent tribunal that is responsible for hearing refugee claims and
appeals.
·
Refugee Hearing Preparation: A
Guide for Refugee Claimants - This resource provides a simple explanation of
what you should do to prepare for your hearing. Although this booklet was
written for refugee claimants in Vancouver, most of the information is useful
for claimants across Canada. From Kinbrace Community Society.
·
Your Refugee Hearing – This website has
practical information to help you prepare for a hearing at the Immigration and
Refugee Board. It also offers an online tour of a hearing room. From CLEO
(Community Legal Education Ontario).
Last updated:
February 23, 2015
Related Articles
Refugees
Recent Discussions
·
Permanent Resident Card
·
Sponsoring Family
·
Questions about Permanent Residency
Ontario
Council of Agencies Serving Immigrants. All rights reserved. Use of this website
constitutes acceptance of the Terms & Conditions and Privacy Statement.
http://settlement.org/ontario/immigration-citizenship/refugees/basic-information-for-refugees/how-does-canada-s-refugee-system-work/
---
Immigration and Refugee
Protection Act
S.C.
2001, c. 27
Assented
to 2001-11-01
An Act respecting immigration to Canada and the
granting of refugee protection to persons who are displaced, persecuted or in
danger
Her
Majesty, by and with the advice and consent of the Senate and House of Commons
of Canada, enacts as follows:
SHORT
TITLE
Marginal note:Short title
1. This
Act may be cited as the Immigration
and Refugee Protection Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection
apply in this Act.
“Board”
« Commission
»
“Board”
means the Immigration and Refugee Board, which consists of the Refugee
Protection Division, Refugee Appeal Division, Immigration Division and
Immigration Appeal Division.
“Convention Against Torture”
« Convention
contre la torture »
“Convention
Against Torture” means the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, signed at New York on December 10, 1984.
Article 1 of the Convention Against Torture is set out in the schedule.
“designated foreign national”
« étranger
désigné »
“designated
foreign national” has the meaning assigned by subsection 20.1(2).
“foreign national”
« étranger »
“foreign
national” means a person who is not a Canadian citizen or a permanent resident,
and includes a stateless person.
“permanent resident”
« résident
permanent »
“permanent
resident” means a person who has acquired permanent resident status and has not
subsequently lost that status under section 46.
“Refugee Convention”
« Convention
sur les réfugiés »
“Refugee
Convention” means the United Nations Convention Relating to the Status of
Refugees, signed at Geneva on July 28, 1951, and the Protocol to that
Convention, signed at New York on January 31, 1967. Sections E and F of Article
1 of the Refugee Convention are set out in the schedule.
Marginal
note:Act includes regulations and instructions
(2) Unless
otherwise indicated, references in this Act to “this Act” include regulations
made under it and instructions given under subsection 14.1(1).
2001, c.
27, s. 2;
2012, c.
17, s. 2, c. 19, s. 700.
OBJECTIVES
AND APPLICATION
Marginal note:Objectives — immigration
3. (1) The objectives of this Act with
respect to immigration are
o (a) to permit Canada to pursue the
maximum social, cultural and economic benefits of immigration;
o (b) to enrich and strengthen the social
and cultural fabric of Canadian society, while respecting the federal,
bilingual and multicultural character of Canada;
o (b.1) to support and assist the
development of minority official languages communities in Canada;
o (c) to support the development of a
strong and prosperous Canadian economy, in which the benefits of immigration
are shared across all regions of Canada;
o (d) to see that families are reunited
in Canada;
o (e) to promote the successful
integration of permanent residents into Canada, while recognizing that
integration involves mutual obligations for new immigrants and Canadian
society;
o (f) to support, by means of consistent standards
and prompt processing, the attainment of immigration goals established by the
Government of Canada in consultation with the provinces;
o (g) to facilitate the entry of
visitors, students and temporary workers for purposes such as trade, commerce,
tourism, international understanding and cultural, educational and scientific
activities;
o (h) to protect public health and safety
and to maintain the security of Canadian society;
o (i) to promote international justice
and security by fostering respect for human rights and by denying access to
Canadian territory to persons who are criminals or security risks; and
o (j) to work in cooperation with the
provinces to secure better recognition of the foreign credentials of permanent
residents and their more rapid integration into society.
Marginal
note:Objectives — refugees
(2) The
objectives of this Act with respect to refugees are
o (a) to recognize that the refugee
program is in the first instance about saving lives and offering protection to
the displaced and persecuted;
o (b) to fulfil Canada’s international
legal obligations with respect to refugees and affirm Canada’s commitment to
international efforts to provide assistance to those in need of resettlement;
o (c) to grant, as a fundamental
expression of Canada’s humanitarian ideals, fair consideration to those who
come to Canada claiming persecution;
o (d) to offer safe haven to persons with
a well-founded fear of persecution based on race, religion, nationality,
political opinion or membership in a particular social group, as well as those
at risk of torture or cruel and unusual treatment or punishment;
o (e) to establish fair and efficient
procedures that will maintain the integrity of the Canadian refugee protection
system, while upholding Canada’s respect for the human rights and fundamental
freedoms of all human beings;
o (f) to support the self-sufficiency and
the social and economic well-being of refugees by facilitating reunification
with their family members in Canada;
o (g) to protect the health and safety of
Canadians and to maintain the security of Canadian society; and
o (h) to promote international justice
and security by denying access to Canadian territory to persons, including
refugee claimants, who are security risks or serious criminals.
Marginal
note:Application
(3) This
Act is to be construed and applied in a manner that
o (a) furthers the domestic and
international interests of Canada;
o (b) promotes accountability and
transparency by enhancing public awareness of immigration and refugee programs;
o (c) facilitates cooperation between the
Government of Canada, provincial governments, foreign states, international
organizations and non-governmental organizations;
o (d) ensures that decisions taken under
this Act are consistent with the Canadian
Charter of Rights and Freedoms, including its principles of equality
and freedom from discrimination and of the equality of English and French as
the official languages of Canada;
o (e) supports the commitment of the
Government of Canada to enhance the vitality of the English and French
linguistic minority communities in Canada; and
o (f) complies with international human
rights instruments to which Canada is signatory.
2001, c. 27, s. 3;
2012, c. 1, s. 205.
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Date modified:
2015-06-04
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------
Immigration
Status
Newcomers enter Canada through
various immigration programs, as refugees, temporary residents or without any
legal status at all. Settlement workers need to have a basic understanding of
the different immigration statuses their clients fall under in order to serve
them effectively.
Quick Facts
Contents
Immigration Status
In order
to fully participate in Canadian society, it is necessary to have legal
immigration status in Canada. The status one has in the country, for example if
they are a permanent resident or are on a temporary visa, determines their
rights and responsibilities in Canada. In the settlement sector, a client's
immigration status often defines which services are available to them.
Below is
an overview of key facts regarding immigration status in Canada:
·
In 2011
Canada admitted 248,748 immigrants to Canada and 190,842 temporary residents - Citizenship and Immigration Canada (CIC)
·
Most immigration
programs are decided at the federal level by the Minister of Citizenship,
Immigration and Multiculturalism and administered by Citizenship and
Immigration Canada - Citizenship and Immigration Canada (CIC)
·
Many
settlement agencies can only serve individuals who have Permanent Residency, or
are in the process of becoming Permanent Residents. Funding for refugee
claimants, international students, temporary foreign workers or foreign
nationals without status can be more limited - Alboim and Cohl
·
There
have been significant changes to Canada's immigration system in recent years
including new immigration classes, changes to citizenship requirements and
modifications to the refugee determination process - Alboim and Cohl
·
The
number of temporary residents admitted to Canada has increased dramatically in
recent years - Citizenship and Immigration Canada (CIC)
·
It is
estimated that there are between 20,000 and 500,000 people without any legal
status in Canada - Goldring et. al
Concepts, Skills & Terminology
Discover
important concepts, definitions and terms relating to mental health in the
settlement sector.
Terminology
(Immigration) Status
Immigration status, commonly referred to simply as
“status” refers to how one is (il)legally in Canada. Status is extremely
important for newcomers to Canada as it determines which services they have
access to and their rights in Canada.
Permanent Residency
A Permanent Resident (PR) is a citizen of another
country who lives in Canada on a regular basis but is not yet a Canadian
citizen. Individuals with temporary work, visitor or study permits are not
permanent residents - Citizenship and Immigration Canada (CIC)
Immigration and Refugee Protection
Act (IRPA)
IRPA is the primary legislation concerning
immigration in Canada. Implemented in 2002, it outlines the goals and
restrictions of Canada's immigration system. Citizenship and Immigration Canada
(CIC) and the Canadian Border Services Agency (CBSA) carry out their activities
in accordance to this act - Department of Justice
Relevant Government Agencies
Recent Trends
Citizenship
attainment
Once newcomers gain citizenship, they have full
rights and responsibilities in Canada. Therefore, this is a goal of most
immigrants to Canada. However, there have been several changes in recent years
to citizenship requirements. A more thorough citizenship exam was introduced in
2010 and language requirements were introduced in 2012. It is possible that
these changes may decrease the number of permanent residents achieving
citizenship - Alboim and Cohl
Temporary
to permanent pathways
Although most immigrants apply directly to live in
Canada permanently, a growing number of immigrants enter Canada as temporary
residents. For example, many international students or temporary foreign
workers can now apply to become permanent residents through the Canadian
Experience Class stream. Additionally, Live-in Caregivers may be able to apply
for permanent residency after completing the requirements of the program.
Temporary
foreign workers
The number of temporary residents has increased
significantly in recent years. In fact, more temporary foreign workers now
enter Canada than economic immigrants who achieve permanent residency - Faraday.
Many work permits for temporary foreign workers are tied to one employer. These
individuals generally do not have access to settlement services and access to
other social services is limited.
Significant
immigration changes
Recently there have been many changes to Canada’s
immigration system. These changes include the creation of new immigration
programs, significant modifications to current programs and an overhaul of the
refugee determination system. Since 2008 these changes have occurred at an
unprecedented speed - Alboim and Cohl
People
without status
It is unclear how many people are living in Canada
without legal immigration status, however, estimates range from 20,000 to
500,000 - Goldring et. al.
Most people in Canada without status enter through a legal pathway such as a
visitor permit, temporary work permit or as a refugee claimant and stay in
Canada beyond the expiration of their permit - City of Toronto.
People without status in Canada are extremely vulnerable as they have limited
access to healthcare, settlement social assistance and legal services - OCASI -
Ontario Council of Agencies Serving Immigrants.
Immigration Programs and Acronyms
Most
newcomers to Canada arrive through one of the programs within the government's
immigration streams: economic, family class or humanitarian. In addition to
Canada's immigration programs, many newcomers enter the country as temporary
residents. Below are some examples of popular immigration and temporary
residency programs. However, please note that this is not an exhaustive list.
Economic
Family Class
Humanitarian
Temporary Residents
Skills
Although
it is important to understand how newcomers are affected by their immigration
status, the details of this subject can be very complex. In many cases
settlement workers may wish to consult with Citizenship and Immigration
Canada (CIC) for clarification on these
issues. In some cases, an immigration consultant or lawyer may also be
necessary.
How to Learn More
Further
your knowledge with practical guides, best practices, projects and research.
Find out
how to become qualified to work in the field through online or classroom-based
training.
Best Practices/Practical Guides
Citizenship
People
Without Status
Permanent
Residency
Sponsorship
Temporary
Foreign Workers
Courses/Training
Related Projects/Initiatives
Further Reading
·
Accessing Community Programs and Services for
Non-Status Immigrants in Toronto: Organizational Challenges and Responses - Social Planning Toronto - 2013
·
Expanding our Routes to Success: The Final Report
by Ontario's Expert Roundtable on Immigration -
2012
Find Services
·
Getting
Legal Help: A Directory of Community Legal Clinics in Ontario - Community Legal Education Ontario (CLEO) - 2014
·
Legal Clinics in Ontario Online Searchable Directory of Legal Clinics in
Ontario from Legal Aid Ontario (LAO) - 2014
·
Resources for Access Without Fear to undocumented
immigrants in Toronto - Social
Planning Toronto - 2013
If you
want to comment or share a resource with us you can email atwork@ocasi.org or create
your own page!
http://wiki.settlementatwork.org/w/index.php/Immigration_Status
Protecting Canada's Asylum System from Abuse
Additions to list of Designated Countries of
Origin announced
October 10, 2014 — Ottawa —Canada’s Citizenship
and Immigration Minister Chris Alexander today announced that Andorra,
Liechtenstein, Monaco, Romania and San Marino will be added to Canada’s list of
Designated Countries of Origin (DCOs), effective October 10, 2014.Canada’s DCO policy helps deter abuse of our generous refugee system by people who come from countries that respect human rights, offer state protection and do not normally produce refugees. The government’s suite of recent immigration reforms ensures that those who genuinely need Canada’s protection get it faster, while those with unfounded asylum claims are sent home more quickly through expedited processing.
Quick facts
- With these latest additions, 42 countries
now appear on Canada’s DCO list.
- Asylum claims from DCO countries have
dropped by 88 percent over the previous three years.
- With the new asylum system in place, it
now takes, on average, three-and-a-half months for the Immigration and
Refugee Board to hear a refugee claim, compared to approximately 20 months
before the reforms.
Quote
“Canadians
can be proud of the fact that Canada has one of the most generous refugee
systems in the world. Thanks to our government’s reforms to Canada’s asylum
system, we are providing protection quickly to those who are truly in need
while protecting our system from abuse. We will continue to welcome legitimate
trade and travel with our European partners.”“DCO designation is reserved for those countries that respect and protect the rights of their citizens. By expediting the processing of DCO claimants, we are ensuring that genuine refugees get protection faster, while those with unfounded claims are sent home more quickly.”
Chris Alexander, Canada’s Citizenship and Immigration Minister
Related products
- News Release — Canada’s New Asylum System
A Success
- Backgrounder — Canada’s Fast and Fair
Asylum System — One Year Later
Associated links
Follow
us on Twitter: twitter.com/CitImmCanadaPhotos of Minister Alexander available at: www.cic.gc.ca/english/department/media/photos/index.asp
Contacts
Kevin
MenardMinister’s Office
Citizenship and Immigration Canada
613-954-1064
Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC-Media-Relations@cic.gc.ca
Building a stronger Canada: Citizenship and
Immigration Canada (CIC) strengthens Canada’s economic, social and cultural
prosperity, helping ensure Canadian safety and security while managing one of
the largest and most generous immigration programs in the world.
Search for related information by keyword
Date
modified:
2014-10-10
Government of Canada activities and
initiatives
http://news.gc.ca/web/article-en.do?nid=892139
Backgrounder — Deterring Abuse of the
Refugee System
Canada’s
generous refugee system delivers help for vulnerable persons who genuinely need
it, and does so in a fair, ordered and compassionate manner. In order to ensure
the system continues to serve that function, it is important to protect its
integrity from those who would abuse Canada’s generosity. There must be
consequences and deterrents for such abuse.The Government of Canada is taking action to stop such abuse of our laws and generosity by bolstering Canada’s ability to revoke the ‘protected person’ status of individuals who arrive, for example, as part of a designated irregular arrival, through both rules of ‘cessation’ and ‘vacation’.
Is there no longer a need for protection?
If
an individual who is in the process of claiming refugee status can safely, and
of their own initiative, return to the country they purport to be fleeing, then
it is an indication that the individual is not dependent on Canada’s protection
and may not qualify to be considered a United Nations Convention Refugee.
Likewise, an individual who is in the process of applying for refugee status is
also not in need of Canada’s protection if conditions sufficiently improve in
their country of origin.In such cases, the Minister of Citizenship, Immigration and Multiculturalism may apply to the Refugee Protection Division at the Immigration and Refugee Board of Canada for a determination that an individual’s refugee protection has ceased. The Protecting Canada’s Immigration System Act would ensure that if an individual is subject to a ‘cessation’ application hearing, their application for permanent residence would not be processed until a decision is made on the Minister’s application. If the Refugee Protection Division upholds the Minister’s application for cessation, the individual would be removed from Canada.
Was the protected person status obtained
fraudulently?
If
an individual has directly or indirectly misrepresented or withheld material
facts relevant to their situation, or of the facts surrounding their identity
in order to gain the status of a United Nations Convention refugee, then that
status was gained fraudulently.In such cases, the Minister of Public Safety may apply to the Refugee Protection Division to vacate the individual’s refugee protection status. If the original decision is nullified or cancelled, and no other grounds for protection remain, the individual would be removed from Canada.
The new legislation prevents illegal migrants from designated irregular arrivals who become refugees from applying for permanent residence for five years. During this time, the Minister of Citizenship, Immigration and Multiculturalism can make an application for “cessation” or “vacation”, either of which, if successful, would result in the individual being removed from Canada.
The proposed amendments would also eliminate access to the Refugee Appeal Division for people who want to appeal a revocation of ‘protected person’ status decision, including those who arrive as part of a designated irregular arrival. They would, however, be able to ask the Federal Court to review a revocation decision.
----
Discover Canada The Rights and
Responsibilities of Citizenship
http://www.cic.gc.ca/english/pdf/pub/discover.pdf
----
THE EVOLUTION OF
HUMAN RIGHTS IN CANADA
Table of Contents
Summary……………………………………………………..………………………….1 1.
Introduction……………………….………………………………………...……….3 2. 1942 to 1962: Civil Liberties
in Canada………………………...…………..…..…7 3. 1962 to 1974: Origins of Canada’s Human
Rights Revolution…………………..16 4. 1974 to 1984: The Human Rights
Revolution………………………….…………21 5. 1984 to 1998: Contesting Human
Rights…………………………..………...……35 6. 1998 to 2011: Emerging Challenges……….………………………………………41
7. Conclusion………………………………………………………………………..…51
Appendix………………………………………………………………………………..54 Sources
Cited……………………………………………………………………………57 Notes…………………………………………………………………………………..…65
1. Protecting
Our Children
From Abuse and
Neglect
Understanding
why adults abuse
children, examples of physical and sexual child abuse and neglect, ...
Protecting
Our Children
From Abuse
and Neglect.
---
1. Protecting Canada’s Immigration System Act
laws-lois.justice.gc.ca/eng/AnnualStatutes/2012_17/page-1.html
2015-06-04 · Protecting Canada’s Immigration System
Act. ... if they have made a claim for refugee
protection but have not made an application for protection, ...
----
2.
Protecting Canada’s Immigration System Act introduced ...
canadianimmigrant.ca/slider/protecting-canadas-immigration-system...
2012-02-23 · ... Protecting Canada's
... Protecting Canada’s
Immigration System Act introduced. ... 23 percent of all refugee claims made in
Canada
were ...
------
BLOGSPOT:
CANADA MILITARY NEWS-
April 6/15 Hey Canadians lets hug our troops close and just make Canada great-
USA CHINA IMF OWN WORLD ECONOMY… so let’s just make our Nature’s last home on
this planet, our Canada, totally self-sufficient like our forefathers/mothers
did
Hội
Người Việt Nova Scotia
Việtnamese
Association of Nova Scotia
Announcements
May5/12 - Please attend our meeting on Sunday May 13 from
2-4pm at St Andrew's Community Centre, 3380 Barnstead Lane (6955 Bayers Road),
Halifax. Help us plan our summer events and future project goals. All are
welcome! Apr06/12 - Nhân ngày Đản Sinh của Đức Từ Phụ Thích Ca Mâu Ni, chúng tôi trân trọng kính mời quý Phật tử, quý thân hữu, quý đồng hương không phân biệt tôn giáo, đến tham dự Đại Lễ Phật Đản Phật lịch 2636 được tổ chức tại:
St. Andrew's Centre, 3380 Barnstead Lane (6955 Bayers Road),
Halifax
Chủ nhật, ngày 6 tháng 5 năm 2012 vào lúc 10:00 sáng (nhằm ngày mồng 16 tháng 4 năm Nhâm Thìn)
Chương Trình:
10:00 am : Phật tử tề tựu
10.15 : Nghi thức Đại Lễ Phật Đản:
- cúng ngọ
- cúng tiến chư hương linh (ông bà cha mẹ người thân đã quá vãng)
11.00 : Tắm Phật
11.45 : Pháp Thoại
12.30 pm : Thọ Trai
2:00 : Cúng Thí Thực
3:00 : hoàn mãn
Chủ nhật, ngày 6 tháng 5 năm 2012 vào lúc 10:00 sáng (nhằm ngày mồng 16 tháng 4 năm Nhâm Thìn)
Chương Trình:
10:00 am : Phật tử tề tựu
10.15 : Nghi thức Đại Lễ Phật Đản:
- cúng ngọ
- cúng tiến chư hương linh (ông bà cha mẹ người thân đã quá vãng)
11.00 : Tắm Phật
11.45 : Pháp Thoại
12.30 pm : Thọ Trai
2:00 : Cúng Thí Thực
3:00 : hoàn mãn
Mọi
chi tiết xin liên lạc, anh Phải 902-422-4403, anh Thiệt 902-830-1123, anh Siêu
902-880-8383. Thành tâm kính mời!
Jan18/12 - Kính
mời Quý Đạo Hữu và đồng bào đến tham dự Đại lễ Rằm Tháng Giêng
để cầu an, cầu phúc đầu năm. Đại lễ sẽ được tổ chức vào Mồng 5 tháng Giêng âm
lịch (Sunday, Feb. 5, 2012) do thầy Huệ Quang làm lễ đến từ Ottawa tại St.
Andrew's Centre, 3380 Barnstead Lane (6955 Bayers Road), Halifax vào lúc 10 giờ
sáng. Mọi chi tiết xin liên lạc, anh Phải 902-422-4403, anh Thiệt 902-830-1123,
anh Siêu 902-880-8383. Thành tâm kính mời! Jan12/12 - Trân trọng kính mời tất cả Quý Đồng Hương đến tham dự buổi họp mặt mừng Xuân Nhâm Thìn 2012. Chương trình mừng Xuân gồm những tiết mục hấp dẫn như: múa lân, thi đấu karaoke, lì xì cho các trẻ em, xổ số lấy hên đầu năm, và các trò chơi khác đặc biệt của Tết. Hội Người Việt sẽ có bán các món ăn có hương vị Tết Cổ Truyền để cho các Quý Vị thưởng thức.
Everyone is invited to join us in welcoming the Year of The Dragon. There will be dragon dance, karaoke competion, prizes and exciting games for all ages. Foods and drinks will be provided by the Association for a small charge. It will be a fun time so bring your family and celebrate the Lunar New Year with us.
Please click here for more info.
Dec11/11 - Christmas Potluck Sunday, December 18th from 5-8pm at St Andrew's Community Centre, 3380 Barnstead Lane, Halifax. Come enjoy an evening of food with friends and family for Christmas! This event will also serve as a way of the Vietnamese Association of NS to generate ideas for the up coming New Years celebrations.
Oct01/11 - The Vietnamese Association of Nova Scotia cordially invites you to join us for an unforgettable night of cultural performances, ethnic foods, and special guests MC Thuy Duong of Asia Entertainment and singers Dan Nguyen and Phuong Lien. This event aims to raise awareness and funds to build the Vietnamese Boat People Museum in Ottawa.
Please click here for more info.
Sep14/11 - We would like to thank everyone that came out to our family retreat. A special thank you to all the ladies in the kitchen for making us the delicious meals and all the volunteers, especially those that helped with dishes and clean-up. Here are some photos of the event.
Sep08/11 - Kính mời quý Phật tử sắp xếp thời gian để tham dự khoa tu trên ngõ hầu thăng tiến tâm linh, đem lại sự an lạc trong đời sống và tương lai đồng sanh về tịnh độ tại St. Andrew's Centre, 3380 Barnstead Lane (6955 Bayers Road), Halifax vào ngày Chủ Nhật, ngày 10 tháng 09 năm 2011. Chương trình TU HỌC PHẬT PHÁP do Đại Đức Thích Trí Thắng hướng dẫn và được sắp đặt như sau,
10:30 Quý Phật tử vân tập
11:00 Tụng Kinh bái sám
12:00 Chư Phật tử Ngọ Trai
13:00 Chia sẻ kinh nghiệm tu học
14:30 Tụng Kinh niệm Phật – Thí thực chư âm linh cô hồn
16:00 Hoàn mãn
Mọi sự liên lạc xin gọi anh Siêu 902-880-8383. Thành tâm kính mời!
Aug18/11 - Hội
Người Việt Nova Scotia sẻ có tổ chức một Trại Hè Gia Đình 2011
vào ngày 3-5, tháng 9, 2011(Labour Day Weekend). Xin bấm vào Poster để biết
thêm chi tiết. Xin mời Quý Đồng Hương tham gia đông đủ!11:00 Tụng Kinh bái sám
12:00 Chư Phật tử Ngọ Trai
13:00 Chia sẻ kinh nghiệm tu học
14:30 Tụng Kinh niệm Phật – Thí thực chư âm linh cô hồn
16:00 Hoàn mãn
Mọi sự liên lạc xin gọi anh Siêu 902-880-8383. Thành tâm kính mời!
Hướng đi từ Halifax,
- Take HWY 103W toward South Shore/Peggy's Cove (drive for about 1 hour)
- Take EXIT 11 and turn RIGHT toward New Cornwall (drive for 11km)
- Turn LEFT at the Camp Mush-a-Mush sign
Xin bấm vào đây để xem Bản Đồ - Map
Aug17/11 - Thông Báo Bầu Cử
Hội Người Việt Nova Scotia sẽ tổ chức một cuộc bầu cử Ban Chấp Hành mới tại St. Andrew's Centre, 3380 Barnstead Lane (6955 Bayers Road), Halifax, từ 2-4 giờ chiều, vào ngày Chủ Nhật, 28 Tháng 8, 2011, cho các viên chức sau đây:
Chủ Tịch – President
Phó Chủ Tịch – Vice President
Thủ Quỷ - Treasurer
Thơ Ký – Secretary
(Nhiệm kỳ 2011-2013)
Phó Chủ Tịch – Vice President
Thủ Quỷ - Treasurer
Thơ Ký – Secretary
(Nhiệm kỳ 2011-2013)
Để
có một cộng đồng vững mạnh, vẻ vang truyền thống dân tộc Việt và là niềm tự hào
chung cho thế hệ con cháu chúng ta trong tương lai, chúng tôi trân trọng kính mời
quý đồng hương tiếp tay mời gọi và đề cử các ứng cử viên xứng đáng, đồng thời bớt
chút thời gian để đi bầu trong ngày 1 tháng 5 thật đông đảo. Tổ chức bầu cử có
được thành công là nhờ vào sự đóng góp và tiếp tay của tất cả mọi người. Xin
giúp phổ biến rộng rãi và mời gọi mọi người đến cùng tham dự đông đủ.
Aug09/11 - Hội
Người Việt Nova Scotia xin trân trọng kính mời tất cả đồng bào đến tham dự Đại
lễ Vu Lan Báo hiếu Phật lịch 2555 vào ngày rằm tháng 7 âm lịch năm Tân
Mão nhằm ngày 14 tháng 8 năm 2011. Tại St. Andrew's Centre, 3380 Barnstead Lane
(6955 Bayers Road), Halifax. Chương trình được sắp đặt như sau,
10:00am - Phật tử tề tựu tại đạo tràng
11:00am - Cúng ngọ
12:00pm - Thuyết pháp
12:30pm - Phật tử thọ trai
1:30pm - Lễ chính thức : cúng tiến chư hương linh
2:30pm - Lễ bông hồng cài áo
3:30pm - Lễ cúng thí thực cô hồn
11:00am - Cúng ngọ
12:00pm - Thuyết pháp
12:30pm - Phật tử thọ trai
1:30pm - Lễ chính thức : cúng tiến chư hương linh
2:30pm - Lễ bông hồng cài áo
3:30pm - Lễ cúng thí thực cô hồn
Mọi
sự liên lạc xin gọi anh Siêu 902-880-8383. Thành tâm kính mời!
Jun19/11 - Hội
Người Việt sẻ có tổ chức một buổi lể đọc kinh cầu nguyện cho
Ông bà cha mẹ đã qua đời!! và cầu nguyện an lành cho những người còn lại. Tại
St. Andrew's Centre, 3380 Barnstead Lane (6955 Bayers Road), Halifax, 11 giờ
sáng, vào ngày Chủ Nhật, 26 Tháng 6, 2011. Kính mời các Phật tử đến tham dự.
Xin hãy ghi tên Ông bà hay cha mẹ đã qua đời, tên họ và ngày sinh cùng ngày tử
và đem theo một món đồ chay. Mọi sự liên lạc xin gọi anh Siêu 902-880-8383.
Thành tâm kính mời! Jan19/11 - Trân trọng kính mời tất cả đồng bào đến tham dự buổi họp mặt mừng Xuân Tân Mão 2011. Chương trình mừng Xuân gồm những tiết mục hấp dẫn như: múa lân,văn nghệ nhạc sống, lì xì, karaoke, xổ số, và các trò chơi đặc biệt Hội Người Việt sẽ có bán những thức ăn truyền thống Việt Nam để chúng ta cùng chung vui đêm mừng Xuân Tân Mão.
St. Andrew's Community Recreation Center
6955 Bayers Road, Halifax, NS
5 pm, Sunday, February 6, 2011
6955 Bayers Road, Halifax, NS
5 pm, Sunday, February 6, 2011
Everyone
is invited to join us in celebrating the Lunar New Year on February 6th. There will
be live music and cultural performances, dragon dance, prizes and exciting
games. Foods and drinks will be provided by the Association for a small charge.
It will be a fun time so bring your family and celebrate the New Year with us.
Jan9/11 - Vietnamese Language Class will resume on Sunday,
January 16th from 2-4pm at St Andrew's Community Centre. Please contact us for
more information.
Oct13/10 - Xin
mời tất cả các bạn hâm mộ bóng đá đến để cổ vũ và hoan hô cho đội của mình,
giữa đội tuyển túc cầu Taxi Halifax và đội tuyển Nail Nova Scotia tại Soccer
NS Indoor Facility vào lúc 4pm, Chủ Nhật, ngày 17, tháng 10. Sau trận đấu
xin mời các bạn ghé thăm hội trường St.
Andrews để chúc mừng đội thắng bằng Pizza và KFC.
Sep26/10 - Please
join us as we round up our 30th anniversary celebration with a
Vietnamese Boat People
Exhibition
& Culture Show
Sunday October 10, 2010
Pier 21 - 1055 Marginal Road, Halifax
4pm Exhibition Opening Ceremony - free
6pm Cultural Show - $20 ($25 at the door)
$10 for 6-16 years old
& Culture Show
Sunday October 10, 2010
Pier 21 - 1055 Marginal Road, Halifax
4pm Exhibition Opening Ceremony - free
6pm Cultural Show - $20 ($25 at the door)
$10 for 6-16 years old
For
more information and tickets, contact
Anh Trang 405-0344 or Anh Ha 441-0849.
Anh Trang 405-0344 or Anh Ha 441-0849.
Sep14/10 - All
are invited to come celebrate the Harvest Moon Festival on Sunday September 19,
2010 at St. Andrews Centre from 5pm to 9pm. Please bring a dish for the potluck
supper and your favorite karaoke DVDs for a night of singing and dancing. There
will be games, treats, and lanterns for the children, and a lantern procession
to end the evening. See you all there!
Vietnamese Boat People
Exhibition
& Culture Show
Sunday October 10, 2010
Pier 21 - 1055 Marginal Road, Halifax
4pm Exhibition Opening Ceremony - free
6pm Cultural Show - $20 ($25 at the door)
$10 for 6-16 years old
& Culture Show
Sunday October 10, 2010
Pier 21 - 1055 Marginal Road, Halifax
4pm Exhibition Opening Ceremony - free
6pm Cultural Show - $20 ($25 at the door)
$10 for 6-16 years old
For
more information and tickets, contact
Anh Trang 405-0344 or Anh Ha 441-0849.
Sep05/10 - REMINDER: Vietnamese Language Class resumes on Sunday September
12 from 2pm-4pm at St Andrews Recreation Centre.Anh Trang 405-0344 or Anh Ha 441-0849.
Aug20/10 - Join Father Hanh (Cha Hanh) for a traditional Catholic mass conducted in Vietnamese. There is a potluck supper after the service so bring your specialty dish and give a warm welcome to Cha Hanh. Everyone welcome! Sep 12 at 11:30am.
Xin mời tất cả đến tham dự buổi Thánh lễ bằng tiếng việt tại nhà thờ ST Clement do Cha Hạnh Trần hướng dẫn. Sau giờ lễ sẽ có một bửa ăn trưa, xin mọi người đêm theo một món ăn để chúng ta cùng chung vui với Cha Hạnh. Nếu ai cần biết thêm chi tiết, xin liên lạc với Chị Kim @ 830-5012. More details here.
Aug4/10 - We would like to thank
everyone that came out to support and walk with us during the Natal Day Parade.
A special thank you to "Nguyen Technologies & Electrical
Equipment" for providing us with the trucks and building of the float.
Here are some photos of the
event.
Jul29/10 - Two important and fun
events are taking place this Natal Day weekend. Join us for the Family
Potluck Picnic at Oakfield on Sunday August 1st. Then put on your cultural
outfits and walk with us in the Natal
Day Parade on Monday August 2nd. Jun8/10 - Please join us as we continue our 30th anniversary celebration with a free screening of Bolinao 52.
We
had another amazing turnout - thanks to all who shared with us during the
discussion.
May16/10 - We
have once again been awarded funding through the Canada Summer Jobs program
from Service Canda to hire Summer Student Workers. It is a great way to earn
some cash while planning and participating in some fun activities. It's going
to be a busy summer, especially with planning for our 30th anniversary events.
Apply now - make the most of your summer break! NEW DEADLINE: JUNE 20, 2010. May9/10 - An overwhelming 179 people attended our screening of Journey from the Fall. Many thanks to our Vietnamese community members, our church family, our extended family and friends, and interested members of the general public, who came to witness our stories following the fall of Saigon. This event would not have been possible without the support of Pier 21, Citizenship & Immigration Canada and St Mary's University. Click here for photos.
Apr26/10 - Please join us as we kick-off our 30th anniversary celebration with a free screening of Journey from the Fall
Sunday May 9, 2010
Pier 21, Canada's Immigration Museum
1055 Marginal Road, Halifax
7pm to 9:30pm
Pier 21, Canada's Immigration Museum
1055 Marginal Road, Halifax
7pm to 9:30pm
Feb19/10 - Our 30th Lunar New Year Festival was a success! Thanks to all who attended the event and supported us with their kind donations. A special thank you goes out to the organizing committee who worked tirelessly to provide delightful entertainment, delicious food, set-up and clean-up duties, and to Hong's Kitchen and Fong Sing Restaurant for their in-kind support. May you all be blessed with peace, prosperity and good health. Chúc mừng năm mới!
Feb1/10 - Lunar New Year is all about food, fun, and family. Join us as we celebrate the
Year of the Tiger on Valentine's Day:
Sunday February 14, 2010
St Andrew's Community Centre
6955 Bayer's Road, Halifax
5pm to 10pm
St Andrew's Community Centre
6955 Bayer's Road, Halifax
5pm to 10pm
Jan27/10
- All are invited to Son
Pham's Farewell reception on Sunday, January 31st from 3:30-5:30pm at
Bethany United Church Hall on Joseph Howe near the Armdale Rotary. We met and
raised funds for Son in October 2007 and this February he will be making his
journey back to Vietnam - just in time for Tet. Click here to read an update and see
what Son looks like now.
Jan11/10 - Annual General Meeting on Sunday, January 17th
from 2-4pm at St Andrew's Community Centre. All are invited to join in our
discussion regarding the Exhibition & Gala at Pier 21. And help us blow out
the candles to our 30th anniversary cake! Jan1/10 - NEW YEAR POTLUCK - We have rescheduled our potluck to Sunday January 3rd from 2-4pm at St Andrew's Community Centre. Hope to see you there!
Dec20/09 - Due to the weather, the Christmas Party has been CANCELLED. Thanks to those of you who braved the storm and showed up tonight!
Have a wonderful holiday season with your loved ones and see you all in the New Year.
Read previous year news...
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BLOGGED:
nova0000scotia.blogspot.com/.../canada-military-news-canadas-films-an...
·
May 4, 2015 - Between 1979 and 1991, over
140,000 Vietnamese refugees landed in Canada. Over 40% of
them settled in Ontario, but large populations can ...
BLOGGED:
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·
God bless Canada's Vietnam Vets- we took in these draft
dodgers-CANADA.... WHILST 40,000 ... Posted by nova0000scotia at 10:20 AM ... Blog Archive.
Missing: refugees
Can Domestic Abuse Victims
Qualify as Refugees?
A Comment on Matter of A-R-C-G et al
The recently-released decision of the United States’ Board of
Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al.,
(“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA
2014) may
signal the United States’ growing openness to granting asylum to women who flee
from domestic abuse. While the decision itself may be considered overdue,
its reasoning takes a strong critical stance against nations that do not make
reasonable efforts to protect women from violence. This reasoning stands in
contrast to the more conservative approach that is usually applied by courts in
both the United States and Canada.
If the Board’s reasoning in the Matter of A-R-C-G is adopted
by courts in the United States and elsewhere, then the threshold for
making successful refugee claims will have shifted significantly in favour of
future claimants who flee from abusive relationships in nations that are
unwilling or unable to offer adequate protection.
Background
The Matter of A-R-C-G dealt with a Guatemalan woman who
had fled from a years-long abusive marriage to seek refugee status in the
United States. As in Canada, refugee claimants in the United States must
prove three elements in order to be granted asylum on the basis of domestic
violence in their home nation. The refugee claimant in this case (“the
Claimant”) had fled from Guatemala after experiencing what the Board
characterized as “repugnant abuse” at the hands of her husband. The abuse
included weekly beatings, throwing paint thinner on her, and rape. The
local police had been called following several incidence of this abuse, but had
refused to interfere as these acts were considered to have been part of a
marital relationship.
Test for Asylum
As in Canada, refugee claimants in the United States must prove three
elements in order to be granted asylum on the basis of domestic violence in
their home nation. A woman who faces domestic abuse must first prove that she
qualifies as a Convention refugee based on: (1) membership in a particular
social group; and (2) a well-founded fear of persecution on the
basis of that membership. Where the persecution is perpetrated by a non-state
party (e.g., an abusive spouse), the refugee claimant must also prove (3) the
government’s inability or unwillingness to provide protection.
In Canada, claims arising from domestic abuse are often denied because
of insufficient proof of the third element. In the United States,
however, claimants have often been denied on the basis of the first
element since the United States applies a more complex test of what constitutes
a particular social group.
Decision
The United States Immigration Court (the “Immigration Court”) determined
that the claimant did not qualify as a Convention Refugee. The Immigration
Court determined that the domestic abuse suffered by the Claimant in the Matter
of A-R-C-G constituted “criminal acts” rather than persecution on the basis
of membership in a particular social group. The Immigration Court characterized
this abuse as having occurred “arbitrarily” and “without reason,” regardless of
the Claimant’s membership in any particular social group.
Because the claimant was thus found not to qualify as a Convention
Refugee, the Immigration Court did not address the Guatemalan government’s
willingness or ability to protect her.
The De Novo Review
Following an appeal from the decision of the Immigration Court, the
Board undertook a de novo review to determine whether “married women in
Guatemala who are unable to leave their relationship” constituted a particular
social group for the purposes of determining Convention Refugee status.
Unlike Canada, the United States requires refugee claimants to overcome
numerous evidentiary hurdles in order to establish the existence of a
particular social group. While Canada has long recognized women fleeing from
abusive relationships as a particular social group, these women nevertheless
face significant hurdles to receiving asylum in Canada. These hurdles involve
establishing that the group’s members (1) share a common immutable
characteristic; (2) are defined with particularity; and (3) are socially
distinct in the society in question.
The Board found that each of these requirements was met in the Matter
of A-R-C-G. This finding broke new ground in American jurisprudence, as no
previous published Board decision had recognized married women facing domestic
abuse as a particular social group.
In addition to finding that the claimant fell within a particular social
group, the Board also found that the abuse suffered by the claimant had risen
to the level of persecution on the basis of her membership in that group.
Having thus found that the claimant met the requirements to qualify as a
Convention refugee, the Board left it for the Immigration Court to determine
whether Guatemala was unwilling or unable to protect the claimant from
persecution.
Analysis
While Canada has long recognized women fleeing from abusive
relationships as a particular social group, these women nevertheless face
significant hurdles to receiving asylum in Canada. … a presumption
that foreign States are willing and able to protect their citizens. At present,
Canadian courts and tribunals have adopted a high threshold for determining
when claimants have satisfied this onus.Canadian courts have adopted less
complex tests than the United States for determining the existence of a
particular social group, and women who face domestic violence were recognized
as a particular social group many years ago in Narvaez v Canada (Minister
of Citizenship and Immigration), [1995] 2 FCR 55.
Despite having been long-recognized as a particular social group, women
escaping domestic violence encounter a significant hurdle in proving their home
State’s unwillingness or inability to protect them from an abuser. To
satisfy their onus of proof, claimants must advance evidence to rebut a
presumption that foreign States are willing and able to protect their citizens.
At present, Canadian courts and tribunals have adopted a high threshold
for determining when claimants have satisfied this onus. Even where evidence
has shown police unwillingness to interfere in a marital relationship and a
lack of specific laws against domestic abuse in the claimant’s nation of
origin, claimants have failed to satisfy their onus of proof (see X (Re),
2011
CanLII 99772 (CA IRB), 2012
CanLII 94152 (CA IRB)). Where the onus has been satisfied, there is
often an additional source of persecution beyond domestic abuse (see 2011
CanLII 99020 (CA IRB)).
This high threshold was also recently apparent in the case of Jamila
Bibi, a
63-year old woman whose refugee claim was denied despite evidence that she
would face criminal charges for adultery and a possible honour killing on her
return to Pakistan. Ms. Bibi was deported from Canada two weeks ago.
Conclusion
The Board’s decision in the Matter of A-R-C-G lays the groundwork
for a more claimant-friendly approach to determining whether foreign
States are capable of protecting women who suffer domestic violence. In the
course of determining that the claimant qualified as a Convention refugee, the
Board’s decision in the Matter of A-R-C-G went further than necessary –
venturing to make findings that closely resembled an analysis of
Guatemala’s ability to protect married women who face domestic violence.
The Board found special significance in the Guatemalan police’s
unwillingness to intervene in an abusive marital relationship,
and cited a CBC
report to
support the Board’s finding that Guatemala has a prevalent culture of
“machismo and family violence.” Based on these findings, the Board determined that
violence against women in Guatemala was commonplace and the prosecution of
such crimes by state authorities was “problematic.”
In Canada, the adoption of a corresponding approach to evidence of State
indifference to domestic violence would open important avenues for allowing any
individual who flees such violence to make a case for refugee status.
For now, much remains to be decided. If the Immigration Court adopts the
Board’s findings to determine that Guatemala is incapable of or unwilling to
protect the Claimant, then it will become more open for Canadian courts and
immigration tribunals to adopt a similar approach. From there, Canadian courts
and tribunals might focus greater scrutiny upon foreign States’ responses to
domestic violence while offering more protections to those who suffer such
violence.
This article was originally published on September
29, 2014 on the website “The Court” a project of the Osgoode
Hall Law School, and is reprinted under a Creative Commons License. (Note: Selection of
callouts is ours)
Related posts:
Domestic Violence: Useful
Websites for Alberta Domestic Violence, Renting
and the Law Under the Influence: Liquor
Outlet Density and Domestic Violence in Alberta Viewpoint 38-3: Bus Ads
Target and Isolate Muslims
Related Posts
- Domestic Violence:
Useful Websites for Alberta
- Domestic Violence,
Renting and the Law
- Under the Influence:
Liquor Outlet Density and Domestic Violence in Alberta
- Viewpoint 38-3: Bus
Ads Target and Isolate Muslims
About
Maciej Lipinski
TheCourt.ca is staffed by editors who are students at Osgoode Hall Law
School, York University working under the supervision of a faculty member.
Maciej Lipinski is a senior contributing
Our Columns
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Funders and Supporters
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A Publication of CPLEA
The information on this website is provided for general information
purposes only and is not meant as legal or other professional advice.
If you require specific legal advice on any issue please consult a lawyer. LawNow is a registered trademark in Canada. © Legal Resource Centre of Alberta
If you require specific legal advice on any issue please consult a lawyer. LawNow is a registered trademark in Canada. © Legal Resource Centre of Alberta
Information provided was current as of May 2015.
Practical Resources
Information and Reports
St
Vincent and the Grenadines: Violence against women and girls, UQAM International Clinic for the Defense of Human Rights
& St Vincent and the Grenadines Human Rights Association
Unprotected,
Unrecognized: Canadian Immigration Policy and Violence Against Women,
2008-2013, Migrant Mothers Project
Position
Paper on Violence against Women without Immigration Status West Coast Legal Education and Action Fund (LEAF)
Comments
on proposed Conditional Permanent Residence period for sponsored spouses Metropolitan Action Committee on Violence against Women and
Children (METRAC)
Federal
and Provincial briefing notes on Violence against Immigrant, Refugee, and
Non-status Women, Ending Violence Association of
BC
Single
Mothers Without Legal Status in Canada: Caught in the intersection between
immigration law and family law YWCA Vancouver
Engaging
Immigrant Women in the Legal System - Community Worker Engagement Reports Battered Women's Support Services (BC)
Backgrounder — Deterring Abuse of the
Refugee System
Canada’s
generous refugee system delivers protection for vulnerable persons who
genuinely need it, and does so in a fair, ordered and compassionate manner. In
order to ensure the system continues to serve that function, it is important to
protect its integrity from those who would abuse Canada’s generosity. There
must be consequences and deterrents for such abuse.The Government of Canada is taking action to stop such abuse of our laws and generosity by bolstering Canada’s ability to revoke the ‘protected person’ status of individuals who arrive, for example, as part of a designated irregular arrival, through the processes of ‘cessation’ and ‘vacation’.
Is there no longer a need for protection?
Refugee Claimants
If
an individual who was granted refugee status can safely, and of their own
initiative, return to the country they purport to have fled, it is an
indication that the individual does not require Canada’s protection and may no
longer qualify to be considered a protected person.
Refugees and Protected Persons
In
such cases, the Minister of Citizenship, Immigration and Multiculturalism may
apply to the Refugee Protection Division at the Immigration and Refugee Board
of Canada for a determination that an individual’s refugee protection has
ceased. The Protecting Canada’s Immigration System Act ensures
that if an individual is the subject of a ‘cessation’ application, their
application for permanent residence will not be processed until a decision is
made on the Minister’s application. If the Refugee Protection Division grants
the Minister’s application for cessation, the individual will lose refugee
protection (or protected person status) and may ultimately be removed from
Canada.
Was the protected person status obtained
fraudulently?
If
an individual has directly or indirectly misrepresented or withheld material
facts relevant to their situation, or of the facts surrounding their identity
in order to gain protected person status, then that status was gained
fraudulently.In such cases, the Minister of Public Safety may apply to the Refugee Protection Division to vacate the individual’s refugee protection status. If the original decision is vacated, the individual will lose refugee protection (i.e., protected person status) and may ultimately be removed from Canada.
The new legislation also prevents irregular arrivals who are determined to be refugees from applying for permanent residence for five years. During this time, the Minister of Citizenship, Immigration and Multiculturalism can, if appropriate, make an application for cessation or vacation, either of which, if successful, will result in the individual being stripped of refugee protection and ultimately may lead to their removal from Canada.
The new measures also eliminate access to the Refugee Appeal Division for individuals who want to appeal a cessation or vacation decision, as well as those who arrive as part of a designated irregular arrival. These individuals will, however, be able to ask the Federal Court to review a cessation or vacation decision.
Canada’s role – Refugees
Canada
is recognized around the world for its leadership in offering safe haven to
people who need refugee protection.Refugees bring their experiences, hopes and dreams to Canada to help build an even richer and more prosperous society for us all.
Canada provides protection to those who make refugee protection claims in Canada, resettles refugees from abroad and takes part in international actions to help prevent refugee situations from developing.
Refugee programs
The
Canadian
refugee system has two main parts: one for people making
claims for refugee protection from within Canada, and one for people seeking
protection from outside Canada.
History of refugees
Learn
about the events
that led to our current system for refugees.
Bhutanese refugees
Find
out what Canada is doing to help Bhutanese
refugees.
Dependant minors
Canada
is committed to protecting
children from abuse and exploitation. Children who are
not in the care of a parent and who come to Canada as refugees may be
particularly vulnerable.
Protecting Canada’s Immigration System
Embrace Canadian culture
Date
Modified:
2015-03-04
Secondary menu
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Protection
Protecting children from violence is a key priority for Plan.
Violence against children has a devastating impact – threatening children's survival, development and participation in society. It is widespread and a fundamental breach of their human rights.
Child protection is central to everything we do and we deliver targeted programs to address specific protection issues – such as child trafficking, corporal punishment in schools, female genital cutting and child marriage.
Global problem
Violence is a global problem and consists of physical, sexual, emotional and
psychological abuse and neglect.Plan was actively involved in the 2006 United Nations Study on Violence Against Children, which estimates that worldwide each year:
- 40 million children are abused
- 150 million girls and 73 million boys
experience sexual violence
- 1.8 million children are involved in
prostitution and pornography
- 1.2 million children are victims of
trafficking.
Plan does more than introduce short-term fixes for these problems. Our strength lies in working closely on a long-term basis with children, families and communities – and we focus our efforts against violence in these settings.
We also work with a range of other
stakeholders at local, national and international level to influence policies
and help children to reach their full potential.
Protecting Canada’s Asylum System from Abuse
Additions to list of Designated Countries of Origin announced
October 10, 2014 — Ottawa —Canada’s Citizenship and Immigration Minister
Chris Alexander today announced that Andorra, Liechtenstein, Monaco, Romania
and San Marino will be added to Canada’s list of Designated Countries of Origin
(DCOs), effective October 10, 2014.
Canada’s DCO policy helps deter abuse of our generous refugee system by
people who come from countries that respect human rights, offer state
protection and do not normally produce refugees. The government’s suite of
recent immigration reforms ensures that those who genuinely need Canada’s
protection get it faster, while those with unfounded asylum claims are sent
home more quickly through expedited processing.
Quick facts
- With these latest
additions, 42 countries now appear on Canada’s DCO list.
- Asylum claims from DCO
countries have dropped by 88 percent over the previous three years.
- With the new asylum
system in place, it now takes, on average, three-and-a-half months for the
Immigration and Refugee Board to hear a refugee claim, compared to
approximately 20 months before the reforms.
Quote
“Canadians can be proud of the fact that Canada has one of the most
generous refugee systems in the world. Thanks to our government’s reforms to
Canada’s asylum system, we are providing protection quickly to those who are
truly in need while protecting our system from abuse. We will continue to
welcome legitimate trade and travel with our European partners.”
“DCO designation is reserved for those countries that respect and
protect the rights of their citizens. By expediting the processing of DCO
claimants, we are ensuring that genuine refugees get protection faster, while
those with unfounded claims are sent home more quickly.”
Chris Alexander, Canada’s Citizenship and Immigration Minister
Associated links
- Making Canada’s Asylum
System Faster and Fairer
- Overview of Canada’s Refugee Programs
- Designated Countries of Origin
- Summary of Changes to Canada’s Asylum System
- Processing of Asylum Claims
Source: http://news.gc.ca/web/article-en.do;jsessionid=0e9a47a77229f98a245ddc05bddc988c80a6c5639d16088f3289d394933f3b3d.e38RbhaLb3qNe38Lb3v0?mthd=tp&crtr.page=1&nid=892139&crtr.tp1D=1
-----------------------
2013
in Review: Refugees and immigrants in Canada
You
are here
2013 was marked by increasing vulnerabilities for many
refugees and immigrants in Canada, with status often harder to acquire and
easier to lose, and with a heavy emphasis on economic priorities over family
reunification and refugee protection.
New
refugee claim system: short timelines, two-tiered system
2013 was the first year of a new
refugee determination system. While the new system is fast and
fair for some, its short timelines and complex rules are causing serious
problems for others.
- The short timelines create high
levels of stress. Many claimants are unable to prepare themselves
adequately for their hearing. The timelines are particularly damaging for
vulnerable claimants, such as survivors of torture, and for claimants
fleeing persecution based on gender or sexual orientation.
- Two-tier system: Some claimants have less access to
protection, based on where they are from. Refugee claimants from
Designated Countries of Origin have even less time to prepare their case,
limited access to services and restricted legal recourses.
- Access to health care: cuts to the Interim Federal Health Program in 2012 compound the
difficulties faced by claimants in the new system.
- The number of
people making refugee claims in Canada went down
dramatically in 2013. Final figures for the year will likely be at a
record low.
Lack of
safeguards before deportation
The government has invested more resources in quick
deportations, while new rules remove safeguards to prevent deportations in
cases with new evidence of risk or compelling humanitarian factors. The law
considers best interests of the child or life-threatening health conditions,
but the person can be deported before they are considered!
Reduced
access to protection for trafficked persons
Restrictive new laws are hurting people trafficked into
Canada who are trying to escape the criminals exploiting them. Temporary Resident
Permits are designed to protect trafficked persons, but they
are no longer available to people making a refugee claim, which traffickers
force their victims to do at times. Citizenship and Immigration Canada
acknowledges this and says it is looking for a solution.
Migrant
workers: temporary status makes them vulnerable to abuse
Traditionally a country of permanent immigration, Canada
has shifted dramatically towards temporary migration. Workers in “low-skilled”
streams of Canada’s Temporary Foreign Worker Program, including many women, are
vulnerable to abuse and exploitation, even trafficking.
- The CCR’s Migrant Workers: Provincial and Federal Report Cards, published in 2013, highlight important gaps in protection of
migrant workers’ basic rights in Canada. Happily some provinces are adopting measures to
address some of these gaps, but there is much more to do.
- Changes to the Canadian Experience Class make
it more difficult for some temporary workers to make a permanent home in Canada.
Permanent
residence is becoming less permanent
New immigration rules mean that it is much easier to lose
permanent residence – in many situations.
- Conditional
permanent residence for some sponsored spouses and partners. 2013 marked the first year of this new policy. If a couple does not remain together for two
years, the sponsored partner loses status and can be deported. Although
there are exceptions in cases of abuse and neglect, concerns remain that
this policy makes women especially vulnerable to abuse.
- After
committing a crime. Changes in 2013 mean that more permanent residents have no
way to appeal their removal, even if they have lived in Canada virtually
all their lives.
- Refugees found to no longer need Canada’s
protection. Permanent
residents who came to Canada as refugees now automatically lose their
status if they are found to no longer be a refugee. People leading
peaceful and productive lives in Canada are now facing the threat of
deportation.
Some good news: Ezokola
In 2013 the Supreme Court of Canada brought Canada in line with
international standards on when people can be excluded from
refugee protection on the basis of war crimes. Refugees will no longer be
excluded from protection in Canada based on simple suspicion of crimes or based
on the criminal acts of a group they belong to, without them personally being
guilty.
Canadian Citizenship: Harder to get, easier to lose
Citizenship matters came onto the agenda in 2013, and look
to dominate in 2014 too.
- Barriers to acquiring citizenship. Processing times for citizenship
applications are now over 2 years. Many applicants in 2013 were required
to complete a detailed, extra “Residence Questionnaire” leading to further
delays. Since late 2012 applicants must provide proof of language
proficiency (at their own expense) - a barrier, especially for vulnerable
refugees.
- Legislative proposals would make it easier to lose citizenship,
particularly for those with dual citizenship. The government is also
considering withdrawing the automatic right to citizenship by birth in
Canada.
Economic
priorities at the expense of families and refugees
Canadian immigration serves three main objectives:
bringing in economic immigrants, reuniting families and protecting refugees. In
2013 the first was clearly given highest priority. Refugees and family class
immigrants were increasingly evaluated according to economic factors.
- Long delays for privately sponsored refugees. In-Canada processing of a private sponsorship
application takes 9 months! Then a refugee’s application overseas takes 37
months on average.
- Lack
of response to Syrian refugees. Despite the unprecedented scale of the crisis, Canada has not opened its doors to Syrians. Processing times mean that privately-sponsored
Syrian refugees won’t arrive for years, while the government committed to
only 200 Syrian refugees.
- No longer a global resettlement program. Canada will resettle refugees from just a few
countries in the world. Economic factors, including ability to settle
easily in Canada, will outweigh refugees’ protection needs. The government
also plans to limit the resettlement numbers of refugees with medical
needs.
- Restricting sponsorship of parents and
grandparents to the wealthy. New regulations from 1 January 2014 increased sponsors’ minimum
income level by 30% and doubled the length of sponsorship to 20 years.
- Slow processing of dependent children. Children in some regions wait over 2 years to
be reunited with parents in Canada.
The CCR
calls for:
|
Jan 2014
Summary:
2013 was a year marked by increasing vulnerabilities for
many refugees and immigrants in Canada, with status often harder to acquire and
easier to lose, and with an firm push towards economic priorities. The CCR has
put together the news affecting refugees and immigrants from 2013, so that you
can see the bigger picture of where Canada stands and where we should be
heading.
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